Padpilot’s Terms and Conditions

Padpilot’s Terms and Conditions


The terms and conditions set out here create a contract between you, an individual end-user of any of Padpilot’s products and services or Apps, and Padpilot Ltd (the “Agreement”). Please read the Agreement carefully. Use of our products, services and Apps implies that you have read and agreed to the terms of the Agreement.

DEFINITIONS

“Apple” means Apple Inc. the well-known Californian produced of Apple products and software

‘App” means any software application developed by Padpilot or licensed by Padpilot for its own use which is made available for download on Apple or Android devices.

“ATO” means an approved training organisation.

“Partner ATO” means an ATO which has contracted with Padpilot for the provision of some, or all, of the Content and Services to the ATO’s students and instructional staff.

“eBook” means an electronic book delivered electronically, usually by means of an App.

“iBook” means a particular type of eBook delivered exclusively via the Apple Bookstore.

PADPILOT’S CONTENT AND SERVICES

The Agreement governs your use of Padpilot’s products and services, for example Padpilot iBooks, Padpilot eBooks, Padpilot Apps and Padpilot learning management systems, through which you can buy, subscribe, or otherwise be granted access to, our educational content and the platform used to deliver it (“the Content and Services”). Some of the Content and Services may be delivered through services provided by 3rd parties. To use the Content and Services, or parts thereof, you need compatible hardware, and Internet access.

Using the Content and Services

If you are not a registered student with one of Padpilot’s partner Approved Training Organisations (ATO) you can access some of the Content and Services by paying for them directly with Padpilot or, depending on the Content and Services, via on Apple’s App Store, Apple’s Bookstore, or the GooglePlay Store. Any such payment for the Content and Services is a “Transaction”. By each Transaction, you acquire a licence to use those parts of the Content and Services for which you have paid.

Purchasing Content and Services via the Apple App Store, Apple BookStore or GooglePlay Store

Each Transaction is an electronic contract between you and Padpilot and also, where applicable, between you and the online store provider through which you have made the Transaction. Transactions via Apple or the Google Play Store are also subject to Apple’s or Google Play Store’s terms and conditions, as applicable in addition to the terms of the Agreement.

Subscribing to the Content and Services Directly from Padpilot

When purchasing directly from us, you are purchasing a subscription to one or more elements of the Content and Services. The duration of the subscription depends on the type of Content and Services to which you wish to subscribe. A subscription to a Padpilot E-Book has a duration of 8 years from the date of the Transaction.

We will charge your selected payment method (such as your credit card) for any paid Transactions, including any applicable taxes. If your payment method cannot be charged for any reason (such as expiration or insufficient funds), we may attempt to charge you again, or ask that you provide us with an alternative payment method. For each electronic paid Transaction, you agree to receive your invoice in an electronic format, which we will deliver by email.

Cancellation of Transactions Made Directly With Padpilot

If technical problems prevent or unreasonably delay delivery of the Content and Services, your exclusive and sole remedy is either replacement of the Content and Services or a refund of the price paid, as determined by us. We will suspend or cancel payment or refuse a refund request if we find evidence of fraud, abuse, or unlawful acts.

Right of cancellation: If you choose to cancel your order, you may do so within 14 days of making the purchase, without giving any reason.

To cancel your order, you must inform us within 14 days of the Transaction by contacting support@padpilot.com. Provided that we receive your cancellation request before the 14-day period has expired, we will reimburse you no later than 10 days from the day on which we receive your cancellation notice, at which point your access to the Content and Services covered by that transaction will be withdrawn.

Rules Governing Your Use of the Content and Services

Your use of the Content and Services is bound by the rules set out here. Any other use of the Content and Services is a material breach of the Agreement. We may monitor your use of the Content and Services to ensure that you are following these rules.

You may use the Content and Services only for personal, non-commercial purposes

If you wish to use the Content and Services for commercial purposes (for example, to instruct students) then you must contract with us under a separate commercial agreement.

Our delivery of the Content and Services does not give you any commercial or promotional use rights, and does not constitute a grant or waiver of any rights of the copyright owners.

You must not circumvent or attempt to circumvent any security technology included with the Content and Services.

You must not attempt to reverse or decompile any of the Content and Services or the 3rd party applications through which they are delivered.

You must not make copies of any of the Content or Services (including the use of screenshots or optical character recognition programmes). You must not lend, lease or otherwise provide access to the Content and Services.

If you purchase access to the Content and Services via Apple or Google, then you must also abide by their respective terms and conditions.

Padpilot Subscriptions to the Content and Services – Device Limit

We will limit the number of devices to which you may simultaneously download the Content and Services to a maximum of three devices. Only under exceptional circumstances (for example proof that a device has been stolen) will we agree to increase the number of devices to which you may download the Content and Services.

Privacy

Your use of the Content and Services is subject to our Privacy Policy, which is set out here:

Our privacy policy.

LICENSED APPLICATION END USER LICENCE AGREEMENT

The Padpilot E-Reader App and other Apps created by Padpilot and made available through the Apple App Store or Google Play Store (‘the Licenced Applications’) are licensed, not sold, to you. Your licence to each App is granted by us subject to you accepting the terms of this Licensed Application End User Licence Agreement (“EULA”)

The Licence. Padpilot grants to you a non-transferable licence to use the Licensed Applications. The terms of this EULA governs the Content and Services made accessible from or purchased within the Licensed Application.

You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.

You may not transfer, redistribute or sublicence the Licensed Application except as expressly permitted in this Agreement.

If you sell any hardware device containing the Licenced Application, you must remove the Licensed Application from the device before completing the sale.

You must not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Licensed Application.

You agree that Padpilot may collect and use data gathered for the purposes of customer support and monitoring your educational progress and performance in accordance with our privacy policy.

This EULA is effective until terminated by you or Padpilot. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.

Padpilot will use reasonable care and skill with respect to the provision of the Licensed Application and any External Services performed or provided by the Licensed Application to you. We make no other promises or warranties. In particular: we do not warrant that:

(1)your use of the Licensed Application or any of the Content and Services will be uninterrupted or error-free;

(2)the Content and Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion; Padpilot disclaims any liability relating thereto.

You are responsible for backing up your own system, including any Licensed Application that is stored on your system.

Limitation of Padpilot’s Liability

In no case shall Padpilot, its directors, officers, employees, affiliates, agents, contractors, principals or licensors be liable for any loss or damage caused by Padpilot, its employees or agents where:

(1) there is no breach of a legal duty of care owed to you by Padpilot or by any of its employees or agents;

(2) it is not a reasonably foreseeable result of any such breach;

(3) Loss or damage results from your breach of the terms of the EULA.

(4) it results from a decision by Padpilot to warn you, or suspend your subscription as a result of suspicion or evidence that you are in violation of this Agreement;

(5) it relates to loss of income, business or profits or any loss or corruption of data in connection with your use of the Licensed Application.

The governing law and forum shall be the laws and courts of England and Wales.

This Agreement specifically excludes that law known as the “United Nations Convention on the International Sale of Goods”.

MISCELLANEOUS TERMS

Changes to This Agreement

Padpilot reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Content and Services. Such modifications and additional terms and conditions will be effective immediately and will be incorporated into this Agreement. In the event you refuse to accept such changes, Apple will have the right to terminate the Agreement.

Intellectual Property

You agree that the Content and Services, including but not limited to text, graphics, user interface, audio clips, video clips, 3D models, editorial content and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Padpilot and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever, except for use of the Services for personal, non-commercial uses in compliance with this Agreement.

No portion of the Content and Services may be transferred or reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, share, or distribute the Services or Content in any manner, and you shall not exploit the Content and Services in any manner not expressly authorised.

The Padpilot name, the Apple name, Apple logo, the Padpilot name, the Hurix name and the Kitaboo name are trademarks or registered trademarks. You are granted no right or licence with respect to any of the aforesaid trademarks.

Copyright

Unless otherwise noted, Services and Content provided by Padpilot are the copyrights of Padpilot Ltd.

If you believe that any Content available through the Services infringe a copyright claimed by you, please contact us at support@padpilot.com

Termination and Suspension of Services

If you fail, or Padpilot suspects that you have failed, to comply with any of the provisions of this Agreement, Padpilot may, without notice to you: (i) terminate this Agreement in which event you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate your licence to the Content and Services and/or (iii) remove your access to the Content and Services.

Padpilot may modify, suspend or discontinue the Content and Services (or any part or thereof) at any time with or without notice to you. In such event Padpilot will not be liable to you or to any third party should it exercise such rights. We will try to warn you in advance of any modification, suspension or discontinuance of the Content and Services. Termination of the Content and Services will not affect the Content and Services that you have already acquired or subscribed to. However, you may be unable to authorise additional computers to use the Content and Services.

Disclaimer of Warranties and Liabilities

A. Padpilot warrants that it will provide its Content and Services with reasonable care and skill. Padpilot makes no other promises or warranties about the Content and Services. In particular Padpilot does not warrant that:

(i) your use of the Content and Services will be uninterrupted or error-free.

(ii) the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion which shall be events of Force Majeure. Padpilot disclaims any liability relating thereto.

B. You agree that, unless required by applicable law, Padpilot has no obligation to continue to provide the Content and Services and that Padpilot will not be liable to you if the Content and Services become no longer available for download or streaming

C. Except as set out below, or unless you are exercising any applicable statutory right to refund or compensation, in no case shall Padpilot, its directors, officers, employees, affiliates, agents, contractors or licensors be liable for any loss or damage caused by Apple, its employees or agents where:

(i) there is no breach of a legal duty of care owed to you by Apple or by any of our employees or agents;

(ii) it is not a reasonably foreseeable result of any such breach;

(iii) any increase in injury, loss or damage results from breach by you of any term of this Agreement;

(iv) it results from our refusal to supply services and content, to warn you, to suspend or terminate your access to the Content and Services or to take any other action during the investigation of a suspected violation of this Agreement. or

(v) it relates to loss of income, business or profits or any loss of data or corruption of data in connection with your use of the Content and Services.

D. Padpilot will use its reasonable efforts to protect your private details.

Governing Law

This Agreement shall be governed by English law in every particular including formation and interpretation and shall be deemed to have been made in England and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

Whole Agreement

This Agreement constitutes the entire agreement between you and Padpilot

Severance

In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void voidable illegal or otherwise unenforceable or indications of this are received by either of the parties from any relevant competent authority the parties shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or at the discretion of Slate-Ed it may be severed from this Agreement and in either event the remaining provisions of this Agreement shall remain in full force and effect.

Waiver

The failure by Padpilot to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.