Subscription Terms (Pilot)

Sparx has developed an independent, personalised learning product called Numerise (Numerise) which has been specifically designed for UK Key Stage 3 and GCSE students (Grades 6-10 in the US). It also includes ‘Secondary Ready’, a course designed for learners finishing UK Key Stage 2 (Grade 5 in the US) to help them prepare for starting UK Key Stage 3 (Grade 6 in the US). As part of our pilot project (Pilot) and at your request (you), Sparx is pleased to grant free access to Numerise to you (or your child, where you are a supporting adult who has registered to participate in the Pilot on your child’s behalf (supporting adult) on the terms below and in accordance with the Numerise Privacy Notice (which is an important part of our terms and is incorporated into our terms accordingly) (Subscription Terms).

 

Who we are and how to contact us

Numerise is owned and operated by Sparx Limited (Sparx, we, our or us), a company incorporated in England and Wales with company number 07907042, whose registered office is at Oxygen House, Grenadier Road, Exeter Business Park, Exeter, Devon EX1 3LH. Our VAT number is 130167354. We are registered with the UK’s Office of the Information Commissioner under registered number ZA006725.

If you wish to contact us about Numerise, you can do so by:

  • emailing info@numerise.com; or
  • logging into your Numerise account, clicking ‘Contact us’ and submitting your query.

We aim to respond to queries within two working days.

If we have to contact you, we may do so by telephone or by writing to you at the email address provided to us when you subscribe to access Numerise.

Your subscription

You must be at least 13 years old to register to participate in the Pilot. A supporting adult of a child under 18 years old may register to participate in the Pilot on their child’s behalf by setting up a supporting adult account and then creating a learner account for your child. Registration does not guarantee participation in the Pilot and, if granted, a registration is not transferable or exclusive.

Where your registration application is accepted, Sparx agrees to give you access to Numerise during the Pilot. Access is granted subject to your acceptance of our Subscription Terms. Please read our Subscription Terms carefully. Your use of Numerise constitutes acceptance of our Subscription Terms. If you do not accept our Subscription Terms, you should not use Numerise. Acceptance means that the Subscription Terms will be enforceable like any written contract signed by you and legally binding between us. 

We may revise our Subscription Terms from time to time. We will provide you with a copy of our updated Subscription Terms whenever changes are made. The changes will not be retroactive, and the most current version of our Subscription Terms will apply. By continuing to access and use Numerise during the Pilot, you agree to be bound by the most current version of our Subscription Terms.

The Pilot will continue until 31 August 2020 (Pilot Completion Date), at which point your access to Numerise will cease unless you decide to take out a paid subscription. Whilst we have no current intention to do so, Sparx may end the Pilot prior to the Pilot Completion Date by giving you a minimum of seven (7) days’ notice of our intention to do so, however no notice is required where you are in breach of our Subscription Terms. We hope you will not want to, but you can end your participation in the Pilot at any time.

Where you are a supporting adult who has registered to participate in the Pilot on your child’s behalf, you will supervise your child as you consider appropriate when they are using Numerise and are responsible for your child’s actions when participating in the Pilot and their compliance with our Subscription Terms.

Subscription fee

Access to Numerise during the Pilot is free of charge. Sparx will make Numerise available on a paid subscription basis after the Pilot Completion Date. We will contact you during the Pilot to ask if you wish to continue using Numerise following the conclusion of the Pilot. Please rest assured that you are not committed to take out a paid subscription as a result of your participation in the Pilot.

Use restrictions

You agree that you shall:

  • only use Numerise for personal and non-commercial use;
  • keep your Numerise username and password secure and not give access to your user account to anyone else (other than your child, where you are a supporting adult who has registered to participate in the Pilot on your child’s behalf);
  • not download or provide any Numerise content or materials to anyone else; 
  • not reproduce or change any Numerise content or materials (for example, you are not allowed to adapt, reverse-engineer or decompile it or combine or merge it with any other content or materials); and
  • not use Numerise in any manner that we deem to be inappropriate, illegal or immoral.

If you breach the letter or spirit of these use restrictions or any other Subscription Terms, we may revoke your access to Numerise immediately.

Our responsibilities

During the Pilot, Sparx will:

  • make Numerise available to you via your user account; and
  • provide remote technical support during normal school hours.

Sparx may delete, modify, change, evolve and improve Numerise content at any time. However, we will give you reasonable notice of any material changes to the functionality and features of Numerise.

Sparx may monitor your use of Numerise so we can see how you have been using Numerise, help us answer any questions you may have and ensure you are complying with our Subscription Terms.

Your responsibilities

You are responsible for:

  • your own costs associated with accessing Numerise (for example, device costs and internet access charges);
  • taking your own precautions to ensure that your devices which are used to access Numerise are protected against viruses or other forms of cyber-attack;
  • notifying us as soon as you can if you suspect any unauthorised use of or access to your Numerise account;
  • keeping your personal details provided during our registration process up to date; and
  • your actions (including, where you are a supporting adult, the actions of your child) in connection with your use of Numerise, including your learning outcomes.

Availability

Although we will do our best to ensure that access to Numerise is available 24/7 during the Pilot (other than during planned maintenance windows outside of normal school hours or due to issues not within our control), your use of Numerise is made available by Sparx on an ‘as is’ basis and without charge. Accordingly you acknowledge that:

  • Numerise may not be error-free, uninterrupted or provide the same level of performance as a commercially available product or service offering; and
  • your access to Numerise may be suspended at any time for reasons outside of our control or ended as set out above under ‘Your subscription’.

Liability

Because Sparx is not charging you for your use of Numerise during the Pilot, you agree that:

  • you are solely responsibility for the results obtained from your use of Numerise, and for any conclusions you draw from such use, and Sparx shall not be liable to you if improvements to your maths ability are not made. Ultimately learning outcomes are your responsibility;
  • except as required by law, Sparx will have no liability of any kind in any circumstances whatsoever to you in respect of Numerise; and
  • no representations, conditions, warranties or other terms of any kind are given in respect of Numerise, and all statutory warranties and conditions are excluded to the fullest extent possible.

Intellectual property rights

Numerise is entirely created by or for Sparx and we own all rights in it. This includes (without limitation) all rights to our content (including our questions and videos), our technical architecture and infrastructure, our databases, code and algorithms and the usage data (as described in the Numerise Privacy Notice) and all trade marks, service marks, graphics and logos used in connection with Numerise. Except for access or as otherwise set out in our Subscription Terms, you do not have any rights of ownership or other rights (of whatever nature) in respect of Numerise.

Your personal information

To use Numerise, you need to provide us with certain personal information relating to you and, where you are a supporting adult who has registered to participate in the Pilot on your child’s behalf, your child. We will use that information to provide Numerise to you (or your child, where applicable) during the Pilot and undertake our research. By using Numerise, you consent to our use of your personal information (including that of your child, where applicable) in accordance with the Numerise Privacy Notice.

Jurisdiction

Our Subscription Terms shall be interpreted and governed by the laws of England.