The wording below sets out the terms of the contract on which Pebble Learning Limited company no. 04922922 with its registered office at e-Innovation Centre, University of Wolverhampton Telford Campus, Shifnal Road, Priorslee, Telford, Shropshire, TF2 9FT ('us', 'we' or 'our' in these terms and conditions) provides access for you the user ('you' or 'your' in these terms and conditions) to your PebblePad for Revalidation Account, which is a service enabling you to complete templates, record evidence, and upload files and materials ('Content') to a private secure place on our server ('the account' in these terms and conditions).
Your account is hosted by Pebble Learning Limited. It is a dedicated product to support revalidation and is therefore separate from our other products and services. If you have previously used PebblePad through a professional organisation or university, it's likely the Terms and Conditions for the use of this account will be different from those you have previously agreed to. You should note that use of your account indicates acceptance of both the Terms and conditions and the Code of Conduct.
Only you and those that you choose to invite have access to your Content.
You can order an account if you are at least 18 years of age and you submit certain requested information to us, including (but not limited to) your name and valid email address. In addition you agree to provide us with true, accurate, current and complete information about yourself when such information is requested by us (in registration forms or other legitimate informational requests). Your account is for personal (non commercial) use only and is intended to assist you in meeting the requirements of revalidation.
2.1 When you place your order for one or more accounts it is an offer by you to enter into a legal contract with us.
2.2 You and we will only enter into a binding contract when you receive notification from us that we have accepted your order and that a binding contract exists from the date and time specified in the notification.
2.3 Your account will be available for a minimum of one year and will be renewable on the anniversary of the start date unless you have signed up for a multi-year subscription. You may continue to use your account for as long as you remain subscribed and you may extend your license period at any time.
3.1 The price for the account is located on the revalidation signup page of our website. The price you will pay will be that stated at the time you place your order.
3.2 The account must be paid for in advance, during the subscription signup or renewal process.
3.3 Where we have accepted an order for the account from you and have received payment, if the payment is subsequently refused or rejected then we reserve the right to refuse to allow further access to the account.
3.4 All prices stated are inclusive of VAT or other local taxes, which will be charged at the rate in place at the time of your order.
4.1 You will have the right to cancel the contract for the account within 7 working days as long as you do not use it to create 3 or more items. If you create 3 or more assets in the system before the expiry of the 7-day period you will no longer be able to cancel the contract, as we will have started providing services to you.
4.2 If you have the right to cancel then:
4.3 You will need to send a notice in writing to us stating that you wish to cancel the contract between us and you; and
4.4 You will need to send us the notice of cancellation within 7 working days, with the 7-day period starting with the day after you receive our confirmation that there is a binding contract between you and us;
4.5 You can send us the notice of cancellation by e-mail to firstname.lastname@example.org or by post to our address above marked for the attention of the Revalidation Accounts Manager;
4.6 After we receive your notice of cancellation we will refund any money you have paid to us within 10 working days.
6.1 We may terminate this Agreement where you are:
6.1.1 in substantial breach of the provisions of this Agreement;
6.1.2 in breach of the Other Provisions.
6.2 We may also terminate this Agreement where we decide to withdraw this website (whether on a temporary or permanent basis) or decide no longer to permit access to the website by you (by use of passwords or changes of passwords or by any other means). In such cases, where you have paid for an account(s), we may either:
6.2.1 return any amounts you have paid prorated to the remaining unexpired portion of your account subscription(s); or
6.2.2 complete performing those of our services to you which remain unperformed.
7.1 Except in the case of death or personal injury caused by our negligence, our liability under or in connection with this Agreement, shall not exceed the sum of either the amount you have paid for the account.
7.2 We shall not be liable to you for any loss, damage, costs or expenses:
7.2.1 due to you missing a deadline
7.2.2.you (or someone on your behalf) suffering loss by reason of inaccuracy or incompleteness of any information or data provided to you;
7.2.3 you suffering a business loss or being unable to undertake any business activity;
7.2.4 a third party making a claim against you;
7.2.5 a government or regulatory authority imposing a fine, penalty or obligation on you.
7.3 Nothing in this Agreement excludes liability for our fraud
It is your responsibility to keep copies of all the content you upload or enter into your account. Whilst we will use reasonable endeavours to maintain access to the account and to maintain data storage, it is not possible to ensure access at all times nor can we guarantee that data will not be deleted and we cannot guarantee to keep backups of data.
9.1 Contacting each other
If you wish to send us any notice or letter then it needs to be sent to Pebble Learning Ltd. E-Innovation Centre, University of Wolverhampton, Telford, Shropshire UK TF2 9FT or via email to email@example.com marking it for the attention of the Revalidation Accounts Manager. If we wish to send you a notice we will use the email address you provided when you signed up for your personal account.
9.2 Reliance on these terms and conditions
We intend to rely on these terms and conditions as being the terms and conditions of the contract between you and us. Any changes to the terms and conditions that you wish to make should be put in writing but any changes will require our agreement.
9.3 Law and jurisdiction
The validity, construction and performance of this Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts.
9.4 Third parties
This Agreement is not intended to, and does not give any person who is not a party to it any right to enforce any of its provisions.