1. Who we are
Let’s Do Drama! Limited is a private limited company registered in England and Wales under company number 16374089.
You can contact us at: hello@letsdodrama.com
2. Our Services
We offer a resource bank of drama and oracy activities for teachers and other adults who work with children accessible through online subscription services in accordance with these terms and conditions (Services).
You acknowledge and agree that the Services include the supply of documents and other materials (Materials) and your use of the Materials will be subject to these terms and conditions.
The Services can be ordered at https://letsdodrama.com/ (Website). Your access to the Website will be subject to the Website Terms and Conditions.
We reserve the right to modify, update or discontinue specific elements of the Services and the Materials at our reasonable discretion, provided that we do not materially reduce the overall quality or scope of the Services you ordered.
Any descriptions or illustrations on the Website are published for the sole purpose of giving an approximate idea of the Services and Materials described in them. They will not form part of the Contract nor or have any contractual force.
We will use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week. However, we do not guarantee uninterrupted availability and may suspend access for operational, maintenance or emergency reasons. We will endeavour to give you reasonable advance notice of any planned downtime. Unplanned outages may occur.
3. Our contract with you
When you order the Services through the Website (Order), we will review your Order and, if we accept it, we will send you an email acknowledging that we have received and accepted your Order (Order Confirmation).
Our order process allows you to check and amend any errors before submitting an Order. Please check the Order carefully before confirming it. You are responsible for ensuring that your Order is complete and accurate.
If you discover any error in your Order details, you must notify us in writing as soon as possible.
If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order.
When we send the Order Confirmation, a contract will be formed between you and us for the supply of the Services in accordance with these terms and conditions and the Order Confirmation (Contract).
4. Eligibility
You can only order the Service if:
-
- you are at least 18 years of age (if you are an individual);
- you are legally capable of entering into binding contracts;
- the person that orders the Services is your authorised representative (if you are a legal entity);
- you have provided all information requested during our order process;
- you have accepted these terms and conditions; and
- you are not prevented by law from receiving the Services.
5. Fees and Payment
In consideration of the supply of the Services and the Materials you shall pay the fees set out in the Order Confirmation (Fees).
The Fees are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Fees.
We reserve the right to increase the Fees once per year. We will notify you with at least 30 days’ notice if we do so.
The Fees and any applicable VAT will be paid in accordance with the payment method you choose when you place your Order.
The first payment will be taken as soon as the Order is placed. In the unlikely event of an Order not being processed successfully and a payment being taken, you will be eligible for and be able to apply for a refund.
If a payment of Fees fails (for example, because your card has expired or is declined), we may attempt to re-process payment. If payment remains outstanding, we reserve the right to suspend or terminate your access to the Services until payment is received.
By providing your payment details, you authorise us (or our third-party payment processors) to charge the Fees and any renewal amounts to your designated payment method.
You agree to be bound by the terms and conditions set out by the provider of the payment method of your choice.
6. Duration and Automatic Renewal
The Contract will last for the term set out in the Order Confirmation (Term).
The Term will be automatically renewed for another term of the same duration (each of them a Renewal Term) unless either we or you give written notice to terminate the Contract at least 30 days prior to the expiry of the Term or Renewal Term.
Notice to terminate shall be given via email. If you delete your account or cease to use the Services, this will not be considered as written notice for the purposes of these terms and conditions.
If you notify us that you want to terminate the Contract upon the expiry of the Term or Renewal Term (as applicable):
-
- your will retain access to the Services until the end of such Term or Renewal Term;
- Fees will not be charged after the end of such Term or Renewal Term; and
- we will not refund any Fees already paid for the current Term or Renewal Term.
7. Your obligations and restrictions
You shall:
- ensure that terms of your Order and any other information you provide to us are complete and accurate;
- cooperate with us in all matters relating to the Services;
- provide us with such information and materials we may reasonably require in order to supply the Services;
- not share your login and credentials with any third parties without our written consent;
- be responsible for all activity that occurs under your account.
You shall not access, store, distribute or transmit any viruses, or any material during the course of your use of the Services that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- is otherwise illegal or causes damage or injury to any person or property.
You shall not:
- copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services or the Materials in any form or media or by any means; or
- access all or any part of the Services and the Materials in order to write, build or in any way develop a product or service which competes with the Services; or
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or the Materials to any third party except the Authorised Users, or
- obtain, or assist third parties in obtaining, access to the Services and/or the Materials, other than as authorised under the Contract; or
- introduce or permit the introduction of, any virus or vulnerability into the Services or our network and information systems; or
- attempt to do any of the above.
You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Materials and, in the event of any such unauthorised access or use, promptly notify us.
If you are a legal entity, the rights provided to you under the Contract are granted to you only, and shall not be considered granted to any subsidiary or holding company.
8. Authorised Users
Where the Services include multiple users, the number of users that can access the Services shall be limited to the number of authorised users set out in the Order Confirmation (Authorised Users).
You shall ensure that the Authorised Users use the Services and the Materials in accordance with the Contract and be liable for the acts and omissions of the Authorised Users.
Each Authorised User shall keep a secure password for their use of the Services and the Materials.
You shall not allow the Services to be used by more than one individual Authorised User under the same account unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services and/or the Materials.
9. Limitation of liability
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
- any other liability that cannot be excluded or restricted by law.
We do not guarantee that the Services or the Materials will be fit for any specific purpose. In particular, we do not guarantee that the Services, the Materials or their use will:
- enable you or your students to achieve any performance or target;
- improve the learning and oracy skills of your students;
- Support you to give grades
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Contract.
You shall be solely responsible for results obtained from the use of the Services and the Materials and for conclusions drawn from such use.
The Services and the Materials are provided to you on an “as is” basis. We shall have no liability for any damage caused by errors or omissions in any materials, information, instructions or scripts provided to you in connection with the Services or the Materials, or any actions we take at your direction.
We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract with you for: (a) loss of profits; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; (e) loss of use or corruption of software, data or information; (f) loss of or damage to goodwill; and (g) any other indirect or consequential loss.
Our aggregate liability to you, in respect of all defaults shall not exceed the Fees paid in the 12 months prior to the event that caused the liability.
10. Cancellation – Individuals
If you are an individual, you may cancel your Order and terminate the Contract within 14 days of the day when we send the Order Confirmation without giving any reason.
You may exercise this right by giving written notice to us.
If you exercise this right, we will refund any Fees paid within 14 days of receiving your cancellation notice, provided that you have not downloaded any materials included in the Services. If you have downloaded any such materials, we reserve the right not to refund you.
Refunds will be processed using the same payment method used for the payment of the Fees.
After the 14-day period mentioned above, you can only terminate the Contract if you notify us in accordance with section 6 that you do not wish to renew the Term or Renewal Term (as applicable).
11. Cancellation – Legal Entities
If you are a legal entity, you can only terminate the Contract if you notify us in accordance with section 6 that you do not wish to renew the Term or Renewal Term (as applicable).
12. Cancellation – Breach and Insolvency
We reserve the right, without liability or prejudice to any other rights we may have by law or under the Contract, to disable your access to Services and the Materials and/or terminate the Contract if:
- you breach any provision of the Contract and fail to cure such breach within 10 days of being notified to do so;
- you become insolvent;
- we are required by law to do so; or
- we cease to offer the Services.
You may, without liability or prejudice to any other rights you may have by law or under the Contract, terminate the Contract if we breach any provision of the Contract and fail to cure such breach within 10 days of being notified to do so.
13. Intellectual Property
You acknowledge and agree that we and our licensors own all intellectual property rights in the Services and the Materials.
When the Contract is formed, we grant you a non-exclusive, non-transferable right and licence, without the right to grant sublicences, to use and allow the Authorised Users to use the Services and the Materials during the Term and any Renewal Term solely for your activities related to teaching children.
The Contract does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Materials.
We confirm that we have all the rights in relation to the Services and the Materials that are necessary to grant all the rights granted under the Contract.
14. Data Protection
We will use any personal information you provide to us to:
- provide the Services;
- process the payment of the Fees; and
- inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
We will process your personal information in accordance with our Privacy Policy, the terms of which are incorporated into the Contract.
15. Law and Jurisdiction
The Contract and these terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
We and you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract and these terms and conditions.
16. Law and Jurisdiction
Entire agreement: The Contract, including these terms and conditions, the Order Confirmation, the Website Terms and Conditions and our Privacy Policy, constitute the entire agreement between you and us relating to its subject matter and supersede all prior agreements, representations, warranties or understandings between the parties in relation to such subject matter.
Waiver: No failure or delay by either party in exercising any right or remedy under the Contract shall constitute a waiver of that right or remedy. A waiver of any breach shall not be a waiver of any subsequent breach.
Severability: If any provision of the Contract is found by any court or competent authority to be invalid, unlawful or unenforceable, that provision shall be deemed severed from the remainder of the Contract and shall not affect the validity and enforceability of the remaining provisions.
Assignment: You may not assign or transfer any of your rights or obligations under the Contract to any third party without our prior written consent.
Third-party rights: The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for any third party to enforce any of its terms. The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
Notices: Any notice given under the Contract shall be in writing. Notices to us shall be sent to hello@letsdodrama.com. Notices to you may be sent to the email address you have registered with us. This section shall not apply in respect of the service of legal proceedings.
Force majeure: Neither we nor you shall be liable for any failure or delay in performing the obligations under the Contract if such failure or delay results from any cause beyond our or your (as applicable) reasonable control, including acts of God, pandemic, epidemic, fire, flood, storm, earthquake, civil commotion, industrial action, failure of IT systems, failure of third-party service providers, government actions or changes in law. In such circumstances, the obligations of the affected will be suspended and that affected party shall notify the other party as soon as reasonably practicable. If the period of delay or non-performance continues for more than 30 days, the party not affected may terminate the Contract by giving not less than 10 days’ written notice to the affected party.
