Terms and Conditions
BASIS OF SALE
All Customer Orders will constitute an offer to buy Goods or provide Services which RM Educational Resources Limited (trading as "Consortium") may accept or decline, subject to these Terms & Conditions of Sale ('Terms & Conditions'). The Contract will constitute the entire understanding between Consortium and the Customer. These Terms & Conditions take precedence over any previous Terms and Conditions of Consortium, and exclude any others stipulated or incorporated or referred to by the Customer, whether in the Order or any course of dealings established between Consortium and the Customer, unless agreed in writing by an authorised representative of Consortium. Products are not intended for resale. Consortium reserves the right to refuse orders from dealers and distributors. Consortium cannot accept orders from individuals under the age of 18.
Every care is taken to ensure that illustrations and descriptions are as accurate and informative as possible.
Consortium reserves the right to change the design, specification and source of supply as necessary. In such cases every reasonable effort will be made to supply Goods of equal or better quality. Colours shown in the electronic or printed Catalogue should be used as a guide only as variations due to photography and publishing can occur. Any typographical, clerical or other error or omission in any published Catalogue, sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Consortium will be subject to correction without any liability on the part of Consortium.
If an error is found, Consortium will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Consortium will refund or credit you for any sum that has been paid by you or debited from your credit card for the goods.
All furniture dimensions quoted are as accurate as possible but please allow a 10mm leniency. All upholstered swatches within the furniture section namely 'essentials’ and 'inspired’ have been discontinued by industry suppliers in 2017 hence alternative options have been selected and will differ slightly from the products previously provided.
All Prices are quoted in UK pounds sterling. It is Consortium's policy to try to maintain prices during the valid period of the electronic or printed. However, Consortium reserves the right to amend prices without prior notice at any time. All published prices are exclusive of any applicable VAT unless stated otherwise. This is chargeable on all Goods at the current rate at the date of despatch. Certain products are protected from the application of discounts or special offers and these are highlighted in our catalogue and on our website. In addition, some products are subject to availability and prices may fluctuate; please check online for the latest prices.
Exercise books overprinting service has been suspended: At Consortium we are committed to delivering great value for our customers by providing market leading products and pricing. In reviewing and streamlining some of our product range, we are now pausing our overprinted selection of exercise books. We will keep this under review and may resume in the future, and in the meantime please consider our extensive range of exercise books as an alternative.
If you have already placed an order then please be assure this will be fulfilled, but if you have any questions please contact us.
PRICE MATCH GUARANTEE
In the event that the Customer finds the same item in any other current Business to Business mail order catalogue at a lower price, Consortium will match that price, subject to Terms and Conditions - please click here to view.
Orders for both Stock and Non-Stock items for delivery in the mainland UK or the Isle of Wight are normally inclusive of any standard delivery charges. Certain Non-Stock Items may be subject to an additional delivery charge, as indicated on the relevant page of the Catalogue, online or as advised by Consortium when the order is placed. Mainland UK does not include Northern Ireland, The Scilly Isles, The Scottish Isles, The Isle of Man, The Channel Islands and the rest of the World.
Any dates quoted by Consortium for the delivery of Goods are approximate only and Consortium shall not be liable for any delay in delivery beyond the reasonable control of Consortium. Deliveries shall be made by Consortium or an appointed third party to a ground floor covered site. Please note this does not apply to pallet deliveries when the customer will be responsible for moving and unpacking the order and disposing of the pallet. Where the Customer requires delivery to be made other than to a ground floor covered site, the Customer shall advise Consortium accordingly at the time of placing the Order. Consortium may make additional charges for delivery other than to the ground floor and the Customer will be liable for such additional charges. Any special delivery instructions must be clearly set out by the Customer on the Order. All deliveries should be checked against the advice note, which should be signed to confirm receipt of goods. Any discrepancies should be notified to Enquiries within 7 days of delivery, except where deliveries were made direct by suppliers when discrepancies must be notified to Consortium within the period specified on the supplier's delivery note and no later than 7 days from the date of delivery.
Consortium reserves the right to charge a redelivery cost when a delivery made on a day arranged with the Customer has been refused or not been possible. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract. Failure by Consortium to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more of the instalments shall not entitle the Customer to treat the Contract as a whole as repudiated.
DATA PROTECTION & CONFIDENTIALITY
- In the Agreement, the terms Controller, Processor, Data Subject, Personal Data, Special Categories of Personal Data, Processing, Data Protection Impact Assessment and Personal Data Breach shall be as defined in the General Data Protection Regulation EU 2016/679 ("GDPR") and "Data" shall mean the Personal Data and Special Categories of Personal Data provided to Consortium by the Customer in connection with the Agreement. "Data Protection Legislation" means the GDPR and any national implementing laws, regulations and secondary legislation, as amended, revised, re-enacted, consolidated or updated from time to time.
- The Customer acknowledges that it is a Controller and that Consortium is a Processor.
- Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a Party’s obligations under the Data Protection Legislation.
- Consortium shall:
- ensure that its employees shall, Process the Data only on the Customer’s instructions as set out or referred to in the Agreement to provide the Services;
- provide appropriate technical and organisational measures:
- to ensure the protection of the rights of the Data Subjects; and
- ensure an appropriate level of security, assessing, in particular, the risks that are presented by Processing, to protect the Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Data transmitted, stored or otherwise Processed;
- take all reasonable steps to ensure the reliability of any of its staff who have access to and/or process Data in connection with the Services, including duties of confidentiality under any employment contracts;
- assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with applicable obligations under the Data Protection Legislation with respect to security of Processing, Personal Data Breach notifications and communications, Data Protection Impact Assessments and consultations with supervisory authorities or regulators;
- notify the Customer without undue delay after becoming aware of a Personal Data Breach;
- notify the Customer immediately if it considers that any of its instructions infringe the Data Protection Legislation;
- at the Customer’s written direction, delete or return the Data to the Customer after the end of the provision of the Services relating to Processing, except that:
- Consortium may keep any Data, if required by any applicable laws to store the Personal Data; and
- Consortium may keep Data stored in any system back-ups; and
- maintain complete and accurate records and information to demonstrate its compliance with this clause and provide access to the same for the purpose of a customer conducted audit. Any audits must be no more than once in a twelve (12) month period and must be on not less than thirty (30) days’ notice.
- The parties also acknowledge that Consortium may also use services and/or products from other third parties in order to provide the Services under the Agreement and that, in doing so, Consortium may transfer Data to such third parties. This may include (by way of example only) third parties that provide online storage and other facilities. The Customer consents to the appointment by Consortium of sub-processors provided that:
- Consortium notifies the Customer in writing of each sub-processor prior to the Processing of any Data by the relevant sub-processor and shall notify the Customer in writing of any change in the identity of the sub-processor from time to time; and
- Consortium shall put in place with any sub-processor, written contractual obligations which are at least equivalent to the obligations imposed on Consortium pursuant to this clause.
- If Consortium becomes aware of its sub-processor (including RM group entities) ("Recipient") wishing to transfer Data outside the European Economic Area to countries which have not been approved by the European Commission as having adequate protections in place for the purpose of the transfer of personal data pursuant to the Data Protection Legislation, Consortium shall require that the Recipient enters into an agreement incorporating the standard contractual clauses approved by the European Commission for transfers of personal data to processors outside of the European Economic Area where Consortium would sign as data exporter on behalf of the Customer and the Recipient will sign as data importer and this agreement shall include security obligations on the Recipient which are no less onerous than those contained in this Agreement.
- Either Party may, at any time on not less than 30 days’ notice, revise the above clause 6 by replacing it with any applicable controller to processor standard clauses or similar terms forming Party of an applicable certification scheme.
- Subject to clauses 9 – 11, Consortium shall remain fully liable to the Customer for the performance of any sub-processor appointed by it pursuant to clause 5.
- The Customer agrees to comply with its obligations under Data Protection Legislation and warrants that it has all necessary consents and notices in place in relation to its collection, processing and provision of Data, to enable the lawful transfer of the Data to Consortium in connection with, and for the duration of, the Services provided under the Agreement.
- The Customer shall indemnify and hold harmless Consortium against all costs, claims, losses, damages and expenses (including legal expenses) arising out of, or in connection with, any breach of this clause by the Customer and/or its employees, agents and/or sub-contractors.
- The Customer acknowledges that Consortium is reliant on the Customer for direction as to the extent to which Consortium is entitled to use and process the Data. Consequently, Consortium will not be liable for any claim brought by the Customer or any Data Subject arising from any action or omission by Consortium to the extent that such action or omission resulted from the Customer’s instructions.
CREDIT REFERENCE AGENCIES
If the Customer applies for a credit account we may obtain information about the Customer from a credit reference agency to check credit status and identity. The agency will record our enquiry and this may be seen by other organisations who also make enquiries about the Customer. We may use credit scoring in making decisions about the Customer's application.
Customers who are individuals have a legal right to receive, direct from the credit reference agency, a copy of the personal data about them, held by the credit reference agency (for a fee of £2.00) and to have errors corrected. Contact details of credit reference agencies which we use will be provided on request.
COMMUNICATIONS WITH CUSTOMERS
As part of Consortium's commitment to quality it is possible that telephone calls may be recorded for monitoring purposes. Any recordings will be used for this purpose and no other.
CANCELLATIONS & RETURNS
Customers must contact Consortium within 7 days of delivery to obtain authorisation to return any Goods. Goods returned by the Customer without prior authorisation will not be credited. Consortium reserves the right to charge the Customer up to 20% of the full price to cover any collection and restocking costs it may incur as a result of a customer ordering error. Customers must return all products unused and in their original boxes and packaging, including any manuals, software or accessories supplied with the products. Computer software and consumables (discs, cartridges, cassettes etc) can only be returned if the original packaging is unopened and any seals intact. Failure to follow these guidelines may invalidate any claim. Consortium cannot accept returns on certain products that are made to order, assembled prior to delivery or assembled and installed, unless they are faulty, and all crockery items. Items affected by this exception are indicated on the relevant page of the Catalogue.
In the event products are out of stock Consortium reserves the right to substitute equal or higher quality products and this will be notified on the documentation. Such alternative product may affect the price the customer pays. In the event the substitute is not acceptable to the Customer, Consortium will accept the return and refund providing the goods are unused and in original packaging.
Consortium cannot guarantee the availability of all products. The information provided on the website or in a Catalogue is for reference only, and is not intended to guarantee the availability of a product.
OWNERSHIP & RETENTION OF TITLE
Risk of damage to or loss of the Goods shall pass to the Customer on delivery of the Goods to the Customer or in accordance with the Customer's instructions. Consortium shall not be liable for damage to Goods occurring after delivery to the Customer or for damage occurring during carriage where the Customer or the Customer's appointed carrier transports the goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until Consortium has received in cash or cleared funds payment in full of the Price of the Goods and all other goods agreed to be sold by Consortium to the Customer for which payment is then due.
Until such time as the property of the Goods passes to the Customer, the Customer shall hold the Goods as Consortium's fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as Consortium's property. Until such time as the property title of the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), Consortium shall be entitled at any time to require the Customer to return the Goods to Consortium and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Consortium, but if the Customer does so all monies owing by the Customer to Consortium shall (without prejudice to any other right or remedy of Consortium) forthwith become due and payable.
Consortium reserves the right to sub-contract any of its rights and obligations under the Contract.
PAYMENT TERMS - CREDIT ACCOUNT HOLDERS
This shall only apply to credit account holders. UK Customers holding approved credit account facilities with Consortium must pay within 21 days from the date of invoice unless otherwise agreed. Customers should allow 7 days for normal banking and postal delays when making payment.
Failure to comply with the Conditions may result in the withdrawal of credit account facilities and any sums outstanding will then become payable immediately.
Consortium reserves the right to charge interest on all overdue balances on credit accounts at a rate of 4% above RBS plc base rate, accruing daily.
In the event that the account is passed to a third party for collection of outstanding balances, Consortium will claim reimbursement of all costs incurred in that collection from the Customer. Periodic reviews will be carried out on credit account activity. Dormant credit accounts or credit accounts with continuous late payment may be closed. Credit accounts may only be reopened on a new application.
Consortium reserves the right to request a non-refundable deposit. The Customer will be advised at the point of order should this term apply.
If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to Consortium, Consortium shall be entitled to:
Cancel the Contract or suspend any further deliveries to the Customer; and/or appropriate any payment made by the Customer to such of the Goods or Services (or any Goods or Services supplied under any other Contract between Consortium and the Customer) as Consortium may think fit; and charge the Customer interest on the amount unpaid at the rate of 4% above the RBS plc base rate, accruing daily.
PAYMENT TERMS - NON CREDIT ACCOUNTS
All Customer payments shall be made in UK pounds sterling. In the case of credit card or debit card or purchasing card transactions, the Customer shall pay the Price of the Goods or Services by such cards at the time of placing the Order and Consortium shall be entitled to recover the Price. No Order will be fulfilled until the full payment amount has been authorised by the appropriate credit, debit or purchasing card service provider.
Eligible bodies such as Registered Charities may be subject to VAT exemption on goods to be used as medical devices/aids. A written VAT exemption declaration must be submitted at the time of ordering to qualify for VAT exemption.
WARRANTIES AND LIABILITIES
Consortium warrants that the Goods are of satisfactory quality and that the Services will be provided with reasonable care and skill. Consortium shall not be liable for any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Consortium, failure to follow Consortium's instructions or any alteration or repair carried out without Consortium's approval. If the Goods supplied to you develop a defect or you have any other complaint about the Goods or the Services, you should notify RM Educational Resources Limited in writing at 142B Park Drive, Milton Park, Milton, Abingdon, Oxon, OX14 4SE. This does not affect your statutory rights. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this Contract.
Consortium shall not be liable pursuant to the contract for any loss of profit or goodwill or from any type of indirect, incidental, special, consequential or exemplary loss, damage, costs or expenses (even if Consortium has been advised of the possibility of such damages). Regardless of any statutory or other limitation periods any claim or cause of action arising in connection with this Contract, other than a Consumer's statutory rights which shall not be so restricted, must be issued within one (1) year after such claim or cause of action arose (failing which it will be barred).
Except in respect of fraud or death or personal injury caused by Consortium's negligence, or liability for defective products under the Consumer Protection Act 1987, the entire liability of Consortium in connection with the Contract shall not exceed the price of the Goods and/or Service to be provided hereunder.
Consortium shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or failure to perform, any of Consortium's obligations in relation to the Goods or Services, if the delay or failure was due to any cause beyond Consortium's reasonable control.
No waiver by Consortium of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision of the Contract.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
ALTERATIONS TO THE CONDITIONS
Consortium reserves the right to amend the Terms & Conditions at any time without notice. These will be available both online and available on request.
Nothing in these Conditions is intended to affect the statutory rights of a Consumer.
LAW & JURISDICTION
The Contract shall be governed by the laws of England and shall be subject to the non-exclusive jurisdiction of the English courts.
Copyright RM Educational Resources Limited (trading as Consortium). 2018. E & OE. Consortium™ is the trademark of RM Educational Resources Limited (trading as Consortium).
The pages within any catalogues produced on behalf of Consortium in printed, electronic or other form are subject to copyright. Certain contents of pages can be accessed, downloaded and stored on a temporary basis for the purpose of ordering. Any permanent storage or copying or redistribution of any of the information set out in the website of Consortium is strictly prohibited. Browsers are also prohibited from modifying any details on the website of Consortium and from reproducing or publicly displaying or distributing any such details for any commercial purpose whatsoever.
It is the Customer's responsibility to virus check all materials before downloading them from the website of RM Educational Resources Limited (trading as Consortium) for any purpose.
Links made to other websites are made entirely at the Buyer’s own risk and Consortium accepts no liability of any kind in relation to any linked sites. (The permission of Consortium is required in writing before 3rd party linking to its website.)
If you are eligible for our Loyalty Programme, your account dashboard will display a link to feature more information regarding the programme. Full terms and conditions can be found at the bottom of the Loyalty Programme page. If you want to know more about our Loyalty Programme or you would like to know how we can help maximise your savings even further, call our helpful customer service team on 0800 298 6239 or email [email protected] Alternatively, get in touch with your friendly account manager today.
Consortium Everyday Everythings items are identified by the “EVERYDAY EVERYTHINGS” logo on the Website and/or catalogue listing for that Product.
Lowest Market Price has been benchmarked against the published 2021 prices of Hope Education, GLS, YPO, KCS and ESPO on “like for like” items only. For branded products, we match items where competitors sell an identical product. For non-branded products, Consortium “like for like” products are defined as identical in use, including size, colour, variant and quality. Prices for “like for like” items with differing pack sizes may be pro-rated as appropriate at our discretion.
Our prices are reviewed periodically. The prices provided by us on our website take precedence over any other published price offered by us. We reserve the right to remove any Product(s) from the Everyday Everythings promotion and/or to amend prices at any time without prior notice.
All Prices are quoted in UK GBP and prices are exclusive of any applicable VAT unless stated otherwise. This is chargeable on all Products at the current rate at the date of despatch.
Everyday Everythings Products are not eligible for the application of discounts or special offers.
Customers can only use one discount code for any given transaction, and the offers associated with individual discount codes cannot be used in conjunction with each other. It is the responsibility of the customer to ensure that the discount codes are entered correctly at checkout, and that they select the most appropriate discount for their purchase.
- NDNA discount offers - if your nursery or group has a discount currently in place with Consortium then you will not be eligible for the NDNA 10% or the one-off 20% discount, as your existing contractual discount will supersede
- Offers starts 01.04.22 and is valid until 31.03.23
- Offers cannot be used in conjunction with any other offer or discount and are subject to availability
- All offers have been already applied to products and are individually priced at the discounted level
- Any products that match pre-existing agreements or contracts will not be eligible for this offer
- All offers exclude non-discountable items (NDI) including Apple products
- Offers are only open to customers based in the UK (inc. Channel Islands and Isle of Man), unless specified
- Offers are applied to the ex-VAT sub-total amount unless stipulated
- Unless otherwise specified, the Offer may not be used on pre-existing orders
- The offers only apply to items sold by consortiumeducation.com
- Consortium Education reserve the right to change these terms & conditions on reasonable notice
TTS & CONSORTIUM JUBILEE INSTAGRAM COMPETITION – TERMS AND CONDITIONS
PROMOTER 1: LORNA BLAKE / Playful Porter, Lorna Hessey.
PROMOTER 2: MOLLY HOWARD / Create Make and Play.
- Once the Promoter receives a valid completed entry, which would be posting on Instagram using the #TTSConsortiumJubilee hashtag, from any applicant aged 18 or over based in the UK (including the Channel Islands and the Isle of Man) they will be automatically entered into this prize draw (“#TTSConsortiumJubilee Instagram Competition”).
- By entering the #TTSConsortiumJubilee Instagram Competition you are deemed to have read, understood, and accepted these terms and conditions and you will be legally bound by them.
- The #TTSConsortiumJubilee Instagram Competition is not open to RM plc (including TTS and Consortium) employees, families or agents or the Promoter or anyone connected with them or with the administration of the #TTSConsortiumJubilee Instagram Competition.
- NO PURCHASE IS NECESSARY.
- The #TTSConsortiumJubilee Instagram Competition will run from Monday, 2nd May 2022 to 7pm on Sunday, 5th June. Only those qualifying entries received during this period shall be entered into the #TTSConsortiumJubilee Instagram Competition. The Promoter’s decision as to whether an entry was validly received during this period shall be final.
- Three winners will be selected by RM Educational Resources Limited (trading as TTS and Consortium) and notified by the promoter via social media within 7 days from the closing date. If a winner does not respond within fourteen (14) days of being notified by the Promoter, then the winner's prize will be forfeited, and the Promoter shall be entitled to select another winner in accordance with the process described below (and that winner will have to respond to notification of their win within fourteen (14) days or else they will also forfeit their prize). If a winner rejects their prize or the entry is invalid or in breach of these terms and conditions, the winner's prize will be forfeited, and the Promoter shall be entitled to select another winner.
- The prize will be posted within 14 days of the winner being confirmed.
- Three winners will be chosen from all valid publicly visible entries posted on Instagram using the ‘#TTSConsortiumJubilee’ hashtag.
- There are three prizes available - 1x £300 Consortium Art & Craft Bundle and x2 £100 Consortium Art & Craft Bundles. RM Educational Resources Limited (trading as TTS and Consortium) will select the prize for each winner, and that winner will then be invited to choose their own art & craft resources from the Consortium website, up to the RRP value of their prize. The winner may be featured on the Promoter’s website, blogs and social channels and may also be featured on RM Educational Resources Limited’s (trading as TTS and Consortium) website, blogs, and social channels.
- The content of the prize bundle may vary at the Promoter’s discretion but shall remain of equivalent or greater value. There is no cash alternative available, the prizes are non-transferable and non-exchangeable.
- The #TTSConsortiumJubilee Instagram Competition is only open to customers based in the UK (inc. Channel Islands and Isle of Man). Entries submitted from outside this area will not be eligible for the prize draw.
- Except in the case of death or personal injury arising from its negligence or in respect of fraud and so far, as is permitted by law, the Promoter and RM Educational Resources Limited exclude responsibility and all liabilities arising from any postponement, cancellation, delay, or changes to the prize details beyond their control and for any act or default of any third-party supplier.
- RM Educational Resources Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the #TTSConsortiumJubilee Instagram Competition with or without prior notice due to reasons outside its control or in the case of anticipated, suspected, or actual fraud. RM Educational Resources Ltd decision in all matters under its control is final and binding and no correspondence will be entered into in this regard.
- These terms and conditions shall be governed by the laws of England and Wales and entrants submit to the exclusive jurisdiction of the English courts.
KEEP YOUR SPACES SAFE
- * 'Keep your Spaces Safe' refers to the range being designed to help limit exposure to Coronavirus, we cannot guarantee that all of the products in this range are 100% effective in fighting Coronavirus infection.
MONEY BACK GUARANTEE
Please click here to view our full terms and conditions of sale.
User Generated Content Terms and Conditions
These User Generated Content Terms and Conditions (“UGC Terms”) concern use by RM Educational Resources (trading as TTS and Consortium) and its affiliates and subsidiaries (“RMER”, “we”, “us” or “our”) of content generated by you.
RMER loves to see how its customers engage with its products and services. On occasion, we may invite customers to send us content or contact individuals to request permission to feature their social media content on our websites, social media channels, or other promotional materials. You have been directed to this page because you are submitting materials to us or because we (or one of our partners on our behalf) have requested your permission to use your social media content in this way.
Note that we refer in these terms to materials submitted to us and your social media content as “User Content”. We mean that term to include photos, text, graphics, audio, video, comments, reviews and other materials from social media sites. Where we refer to “Our Business” we mean RMER’s ordinary business including sale of products and services and associated marketing, promotional and advertising activities as well as other consumer-related communications activities including email.
We reserve the right to alter these UGC Terms without notice by posting revised UGC Terms on our websites. Accordingly, you should review the UGC Terms each time you agree for us to use your User Content.
WHERE WILL MY USER CONTENT AND PERSONAL INFORMATION BE DISPLAYED?
Your User Content may be displayed on the TTS website (www.tts-group.co.uk), Consortium website (www.consortiumeducation.com), our social media channels, or other promotional materials (the “RMER Channels”). User Content may be displayed with your social media username and profile picture thumbnail alongside it provided the applicable social media account is not set as private. For example, the User Content and your username may be featured on our home pages, in a gallery of images and also on the relevant product page if the User Content features a specific product.
LICENCES GRANTED TO US
You hereby grant to RMER and its related companies, agents, assigns, third-party service providers and affiliates (the “Licensed Parties”) a worldwide, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, alter and/or edit your User Content in any manner without further obligation to you.
The above licence is deemed to include the same rights with regard to your social media username, social media thumbnail (e.g. a profile picture), email address, real name, image, likeness, location and any other materials or information you submit to us or that are otherwise publicly displayed by you or provided to us by a social media site in connection with the User Content provided such uses are consistent with our Privacy Policies.
You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all right, title and interest (including copyright) in and to your User Content and/or have obtained all necessary rights and permissions from any and all other persons and/or entities who feature in, own, manage or otherwise claim any rights with respect to such User Content, (iii) you are 18 years old or older, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libellous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.
If you believe your User Content or related content as displayed on or used in connection with Our Business infringes any person’s or entity’s rights (including intellectual property rights), please contact us at [email protected] immediately.
ACKNOWLEDGEMENTS AND RELEASES
You agree that you will not receive any compensation for the Licensed Parties’ use of the User Content and we have no obligation to use any of the User Content. We may remove the User Content from the RMER Channels at any time without warning or reason.
Our Business and/or the RMER Channels, names and logos may be protected by copyright, trademark and other intellectual property rights and laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of RMER by authorising use of your User Content or otherwise agreeing to these UGC Terms.
You hereby irrevocably waive all rights to seek or obtain any injunctive or other equitable or compensatory relief against any of the Licensed Parties for use or exploitation of the User Content or related materials as licensed herein, as well as any claims for moral rights.
The User Content identified is non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content, except pursuant to the Licensed Parties’ respective privacy policies.
Without limiting the above, you hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
Other than as provided in these UGC Terms, you will retain ownership of all rights in your User Content.
By agreeing to these UGC Terms, you are consenting to the Licensed Parties’ collection of any personal information you disclose in connection with your User Content and/or provide to the Licensed Parties for their use in connection with your User Content and to the use, disclosure, transfer and processing of your information in accordance with these UGC Terms, the TTS and Consortium Privacy Policies and applicable data protection laws and regulations. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not agree to these UGC Terms or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties’ behalf.
MISCELLANEOUS AND APPLICABLE LAW
This Agreement constitutes the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
These UGC Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without RMER’s prior written consent.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these UGC Terms are invalid, then that provision will be removed without affecting the rest of the UGC Terms. The remaining provisions of these UGC Terms will continue to be valid and enforceable.
The marks of any relevant social media sites are the property of their respective companies and the social media sites are not affiliated with RMER. Any submission via these or other social media sites are subject to all rules and regulations of such sites.
These UGC Terms, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of England. Any dispute arising from, related to, or connected with these UGC Terms will be resolved by the Courts of England.