Terms and Conditions

Updated on 28th July to reflect business name change from Five Rise Project Management Ltd to Mactivity Enterprises Ltd.

These user terms and conditions (“Terms and Conditions) may be updated by Us from time to time without notice to You. We will post any revisions to these Terms and Conditions on this page. Your use of the service or this Website after any revisions have been made constitutes Your acceptance of the new Terms and Conditions. If You do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or this Website. It is Your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to consider such changes.

In Brief

DO

  • Use our resources in your home, library, group (e.g. play group, Brownies, Cubs etc), home education classes, library, as a tutor, in a school, private nursery, or any other educational venue or scenario that warrants the use of high quality educational resources.
  • Use our resources as they are downloaded and printed, without altering the copyright notice, logo or URL
  • Link to our website or any of our resources – in fact we encourage you to do this!
  • Use our preview images on your blog or website as long as you credit the source and link back to our website.
  • Photocopy our resources for your own use – at home or in an educational setting.

DON’T

  • Sell any digital or printed content from our site or claim our resources are made by you.
  • Share any of our content on groups or forums without our permission.
  • Directly take text or photos from our blog post and post it on your own blog or website – instead please credit the source and link to our website. (though it’s fine to use our resource previews, again, as long as you credit the source.)
  • Share your login details with anyone else, if you do we will be able to tell and will disable your account without notice.
  • Sign up for an individual account when the account will be shared and used by more than one person. In this case, you should sign up for a school or organisation account.
  • 1. Introduction

    1.1. These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use www.mrsmactivity.co.uk (“Our Website”).  Read these Terms and Conditions carefully.1.2 You will be required to read and accept these Terms and Conditions when purchasing a Subscription.1.3 If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Website and Digital Content immediately. 1.4 We reserve the right to change our website, resources, and Terms and Conditions at any time and without notice. 1.5 Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions. 1.6 “We” remain the owners of all Digital Content on this website and do not sell the Digital Content to you.

    2. About us

    2.1 This Website is owned and operated by Mrs Mactivity (‘we’/’us’/’our/Mrs Mactivity’), a trading name of Mactivity Enterprises Ltd, which is a limited company, registered in England and Wales (Reg No 10623624) The registered office is located at 44 Swan Avenue, Gilstead, Bingley, BD16 3PU, United Kingdom.

    3. Definitions and Interpretation

    3.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings: 3.1.1 Digital Content means any downloadable content that can be downloaded or stored on a computer or device available from Our Website www.mrsmactivity.co.uk 3.1.2 Membership means an account required to use and access Our Website and Digital Content. 3.1.3 Membership Service is the method whereby our Digital Content is distributed, namely through the creation of a Membership by a User who is then able to access Our Website and our Digital Content. 3.1.4 a Member is a person who has acquired an account to use and access our Website and Digital Content. 3.1.5 Our Website means all information and content on www.mrsmactivity.co.uk 3.1.6 Subscription – means the creation of a recurring yearly payment that can be cancelled at any time. There will also be a 14 day grace period after the recurring payment is taken for a User to request a refund, providing no Digital Content has been downloaded in that period. 3.1.7 User/You/Your means a user of our website and Digital Content. 3.1.8 We/Us/Our/Mrs Mactivity/Our Website means Mrs Mactivity, a trading name of Mactivity Enterprises Ltd, which is a limited company, registered in England and Wales (Reg No 10623624) The registered office is located at 44 Swan Avenue, Gilstead, Bingley, BD16 3PU, United Kingdom.

    4. Our Services

    4.1 Mrs Mactivity provides Digital Content also known as teaching resources through a Membership Service. 4.2 We reserve the right to change pricing and or availability in respect of any our Membership Service for any reason and without notice. 4.3 Mrs Mactivity is not responsible for non-delivery or technical limitations of the User for any reason in respect of any of the services in this clause. You are strongly advised to read our FAQ page.

    5. Memberships

    5.1 To becoming a Member, the User is required to register and provide information about themselves. The User agrees to: (a) provide true, accurate, current and complete information about themselves as prompted by the relevant registration form contained on the Website and (b) maintain and promptly update the this information to keep it true, accurate, current and complete and We shall not be liable for any loss suffered by the User’s non-compliance with this provision. 5.1.1  Additionally, to be eligible to use the content on this site and lawfully enter into and form contracts with you must: 5.1.1.1 Be 18 years of age or over 5.1.1.2 Be legally capable of entering into a binding contract 5.1.1.3 If you are under 18 years of age, you may only use the Website in conjunction with, and under supervision of a parent, or guardian.  If you do not qualify, you should not use our Website. 5.2 The Internet is not a secure medium. However, Mrs Mactivity will endeavour to protect all personal information collected through the Website in accordance with The Data Protection Act. Your privacy is incredibly important to us. 5.3 Upon purchasing a Membership, Our Website will be available to you for the duration of that Membership and any and all subsequent renewals. 5.4 The registration processes will involve the User providing a username and password. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Mrs Mactivity of any unauthorised use of your password or account and any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Mrs Mactivity cannot and will not be liable for any loss or damage arising from Your failure to comply with this obligation. 5.5 We recommend that you choose a strong password for your Membership consisting of a combination of lowercase and uppercase letters, numbers and symbols. 5.6 Your Membership is strictly for your personal use only and you may not use your account to download and print for anyone else. Mrs Mactivity does not allow volume printing arrangements, unless specifically agreed in writing (these will be individually negotiated). 5.7 Your Membership is subject to an acceptable use policy, and user accounts are monitored. Mrs Mactivity considers that no user would reasonably need to download more than 200 resources per calendar month and accounts exceeding this download level are subject to review. 5.8 You may not create a Membership if you are under 18 years of age. If you are under 18 years of age and wish to use Our Website, your parent or guardian should create the Membership for you and you must only use the Membership with their supervision. 5.9 You risk your Membership being cancelled permanently with no recourse to refunds, if more than one person is using the registered Membership. If you believe your Membership is being used without your permission, please contact Us immediately. We will undertake analysis of whether individual Memberships are being used by multiple people and in such cases, terminate the Membership immediately. 5.10 Your Membership is for you only and is non-transferable.

    6. Your Conduct

    6.1 You agree to not use the Service to:6.1.1 upload, post, email or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise discriminatory; harm or attempt to harm minors in any way; 6.1.2 Distribute our Digital Content to non-Members including via email, a website, sharing printed copies or in any other way. This does not include distribution of the Digital Content to children either in a home or school environment, or any other setting. 6.1.3 comply with all laws and regulations relating to accessing and use of Digital Content. 6.1.4 use the Digital Content in any way that infringes any Intellectual Property rights in the Digital Content belonging to us. 6.2  You acknowledge that you have no right to access the source code of any Digital Content supplied to you. 6.3  You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. 6.3.1If you object to the publication of any material placed in any area of the Website, please let us know by sending an email to hello@mrsmactivity.co.uk and we will take whatever action we deem appropriate. 6.4 we will always immediately correct content where mistakes are found, but We do not guarantee the accuracy of any content provided, and it is for You to verify and be satisfied with the material you download.

    7. Pricing and Payments

    7.1 All pricing information is correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  All pricing information is reviewed and updated every year.  Changes will not affect Subscriptions that have already been purchased or renewals of Subscriptions.7.2 Memberships purchased before 15th July 2019 were not able to set up recurrent Subscriptions, so all renewals are subject to the price at the time of renewal. 7.3 All prices include VAT except for schools and organisations who will receive an itemised invoice detailing the gross and net amounts. 7.4 Payment for Subscriptions will be due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your Subscription. 7.5 We accept the following methods of payment: PayPal; Credit / Debit card via Stripe. 7.6 If you are a school or organisation you will be issued with an invoice and upon payment of said invoice, your Membership will begin. Each User will receive their own username and password.

    8. Cancellation

    8.1 Consumers (but not business customers) in the European Union have a legal right to a “cooling-off” period within which distance sales contracts (including those formed online) can be cancelled for any reason. This period begins once a Membership is created and ends at the end of 14 days after that date. If you wish to cancel please email hello@mrsmactivity.co.uk 8.2 Please note that this option is available only if you have not downloaded any Digital Content during the period of the Membership that you wish to cancel.  If we can trace any use of Our Website to your Membership during that period, you will not be able to cancel under this provision.

    9. Indemnity

    9.1 You agree to indemnify, defend and hold Mrs Mactivity and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by Mrs Mactivity.

    10. Special warning for International Use

    10.1 The Website is designed to be compliant with the applicable laws and regulations of England and Wales. Due to the global nature of the Internet, users from all over the world will have access to the Website, however if you are resident in a country outside of the United Kingdom you use the Website at your own risk.

    11. Modifications to service

    11.1 Mrs Mactivity reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. 11.2 You agree that Mrs Mactivity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Membership Service. 11.3 We make all reasonable efforts to ensure that all general descriptions of the services available from Us (specifically, Our Website) correspond to the actual services that will be provided to you. There may, however, be minor variations from descriptions from time to time.

    12. Termination

    12.1 You agree that Mrs Mactivity, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or Digital Content or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Mrs Mactivity believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, this includes but is not limited to, signing up for an individual account when multiple people are accessing the account.

    13. Use of Mrs Mactivity Digital Content

    13.1 All articles, information and other materials presented on the Website are subject to copyright, and/or other intellectual property right owned by or licensed to Mrs Mactivity You are prohibited from reproducing, extracting, sharing or otherwise communicating or making available to third parties any part of the content of this Website or any resources therein without Mrs Mactivity’s written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you. 13.2 You acknowledge that all materials You download remain the property of Mrs Mactivity. 13.3 You must not sell any of our Digital Content at any time or make it available to any other platform. 13.4 All Digital Content should retain the logo and URL of Mrs Mactivity at all times and should not be amended in any way unless is it an editable resource.

    14. Availability of the Website

    14.1 Mrs Mactivity has an excellent record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free and Mrs Mactivity therefore accepts no liability for its unavailability. 14.2 You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.

    15. Events Outside of Our Control>

    15.1  We shall have no liability for delays or failures in delivery or performance of our obligations to you under these Terms and Conditions or any Contract that is caused by events outside our reasonable control.  These events, though are not limited to, include: 15.1.1 A strike, lock-out or other industrial action.17.1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 15.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 15.1.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 15.1.5 Impossibility of the use of public or private telecommunications networks. 15.1.6 The acts, decrees, legislation, regulations or restrictions of any government. 15.1.7 Viruses and cyber attacks. 15.2 Performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Event Outside of Our Control to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Event.  We shall promptly notify you of any Event Outside of Our Control, giving details of it and, where possible, the extent and potential duration of any delay.

    16. Disclaimers

    16.1 You expressly acknowledge and agree that: 16.1.1 The content of the pages of the Website is for your general information and use only. It is subject to change without notice. 16.1.2 Your use of the Membership Service is at your sole risk. Mrs Mactivity has made every effort to ensure that the Digital Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Membership Service are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Mrs Mactivity for any errors, omissions or inaccurate information on the Website or available through the Service. 16.1.3 Neither Mrs Mactivity nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. 16.1.4 The Digital Content on the Website and made available through the Membership Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice. 16.1.5 Mrs Mactivity is not responsible for how the Digital Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements. 16.1.6 Any material downloaded or otherwise obtained through the use of the Membership Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. 16.1.7 No advice or information, whether oral or written, obtained by you from Mrs Mactivity shall create any warranty or other obligation not expressly stated in these Terms and Conditions. 16.1.8 We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. 16.1.9 You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

    17. Downloading

    17.1 The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Mrs Mactivity or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners including us. 17.2 Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of Mrs Mactivity.

    18. Governing Law

    18.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us. 18.2 Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales and You hereby consent to this jurisdiction.

    19. Linking to our website

    19.1 Linking to our website is encouraged under the following conditions: 19.1.1 You do not claim to represent Mrs Mactivity, or have any association or endorsement from Us. 19.1.2 You do not link to our website in a way that will damage Our reputation. 19.1.3 You may not link to Our Website from any other website the content of which containsmaterial that: 19.1.3.1 Is sexually explicit; 19.1.3.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory; 19.1.3.3 Promotes violence; 19.1.3.4 Promotes or assists in any form of unlawful activity; 19.1.3.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; 19.1.3.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; 19.1.3.7 Is calculated or is otherwise likely to deceive another person; 19.1.3.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy; 19.1.3.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive. 19.1.3.10 Implies any form of affiliation with Us where none exists 19.1.3.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents and database rights) of any other party; or is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

    20. Links to other websites or resources

    20.1 The Service may provide, or third parties may provide, links to other websites or resources. As Mrs Mactivity has no control over these sites and resources, you acknowledge and agree that Mrs Mactivity is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. 20.2 You acknowledge and agree that Mrs Mactivity shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

    21. Communications

    21.1 We may send you information regarding Your Membership and any other important information about the Website and Digital Content. 21.2 We use email marketing to send information about recently updated resources. You receive these emails by opting in at checkout. You are free to unsubscribe from said communications at any time although it may take several days for the unsubscribe request to be actioned.

    22. Privacy Policy

    22.1. You consent to us collecting and using technical information and data about the device on which you download and use the Digital Content and about any associated hardware and software used by you so that we may improve our service to you and ascertain whether you are in breach of the terms of the Terms and Conditions 22.2. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended). 22.3. You can find full details of our Privacy Policy on the Website. 22.4. We do not store credit card details nor do we share customer details with any 3rd parties. These are encrypted via PayPal or Stripe.

    23.  Intellectual Property

    23.1 The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is MrsMactivity. All product and company names and logos mentioned in our Website are Our trade marks. 23.2 Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website.

    24. Waiver

    24.1 No delay or failure by Us to exercise any of Our powers, rights or remedies under this agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. 24.2 These Terms and Conditions set out the whole of our agreement relating to the supply of the Services to You by Us.

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