Write to Rachel Terms and Conditions
Version 1.0
Write to Rachel Terms and Conditions/User Agreement
Effective Date: 25 July 2015. (This version of our Terms and Conditions/User Agreement replaces and supercedes any prior version for any use of the Write to Rachel website or Write to Rachel programme Services commencing on or after the above date)
Introduction
Welcome to WritetoRachel.com (the “Website”). This Website is, and the Write to Rachel Programmes and services described on this Website (the “Services”) are, provided by Rachel Kent, dba Write to Rachel (“Write to Rachel, “Us” or “We”). If you have any questions relating to this Website or any of the Services, you can email us at info@WritetoRachel.com [insert link]. So that you may fully enjoy our Website and the Services, we would like you to be aware of the following rules that govern your use of the Website and of our Services.
Agreement
THE PARENT OR LEGAL GUARDIAN SHOULD CAREFULLY READ THE USER AGREEMENT AS IT IS A BINDING AGREEMENT BETWEEN WRITE TO RACHEL AND THE PARENT OR LEGAL GUARDIAN.
PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF.
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY USING THIS WEBSITE OR SUBSCRIBING TO ANY OF THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE OR TO USE ANY OF OUR SERVICES.
This User Agreement (the “User Agreement”) is a contract between you and Us and applies to all users of this Website or of the Services. In this User Agreement “you” or “your” means any person or entity using this Website or the Services, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), it also includes such person’s parent or legal guardian.
Certain elements of our Services will involve the parent or guardian and/or require their assistance and support for the child that is benefitting from the Write to Rachel Services. For example, completion of the sign-up questionnaire, designating the email to which Write to Rachel letters are to be sent by us for a child, designating the email to which any report and assessment is to be sent by us, subscribing and paying for the Services, etc.
The User Agreement and Privacy Policy represent the entire agreement between us in relation to their subject matter and form a binding agreement between Write to Rachel and you. The User Agreement and Privacy Policy shall govern and be incorporated into every agreement between us and shall prevail over any terms or conditions (whether or not inconsistent with the User Agreement or Privacy Policy) contained or referred to in any correspondence, order, documentation submitted by you elsewhere or implied by custom, practice or course of dealing.
Amendments
We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Website or use the Services so that you will understand the terms applicable to your access and use of this Website or the Services. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website. Such amended or supplemented User Agreement will be effective as of its date of publication on the Website and will govern any use of the Website or any programme of Services commencing on or after such date. By using the Website or subscribing to or using any Services on or after such date you agree to such amended or supplemented User Agreement. If you do not agree to the amended or supplemented User Agreement, you may not continue to access or use the Website or the Services. However, please note that no changes to this User Agreement that we may make in the future will shorten the balance of programme Services to which you have subscribed before such effective date.
Privacy Policy
Our general Privacy Policy [include link] (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to the Privacy Policy, we will notify you of the changes by posting the revised version on our Website. Such amended Privacy Policy will be effective as of its date of publication on the Website and will govern any use of the Website or any programme of Services commencing on or after such date. By using the Website or subscribing to or using any Services on or after such date you agree to such amended Privacy Policy. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website or the Services. Any other posted guidelines or rules applicable to any individual use of this Website or the Services will form part of this User Agreement.
Links to Other Websites
Any other websites that link to this Website are not part of this Website and may have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting any third party websites to which we provide links.
Subscription and Your Member Account
Certain products, services, information and materials provided through this Website may be accessed and/or used by you without requiring subscription to a Write to Rachel programme (collectively, “Public Materials”). Other products, services, information and materials may be provided by Us in connection with your subscription to a Write to Rachel programme Service (collectively, “Programme Materials”). This User Agreement applies equally to the use and access of Public Materials and Programme Materials.
When you subscribe to a Write to Rachel Programme, you will be asked to provide an email or other communication address to which Programme Materials will be provided (your “Member Account”).
Security of Your Member Account
IT IS IMPORTANT THAT YOU KEEP YOUR MEMBER ACCOUNT SECURE AS IT WILL BE USED FOR RECEIVING AND SENDING YOUR PROGRAMME MATERIALS.
You are responsible for maintaining the security and confidentiality of your Member Account, and for all activities that occur through the use of your Member Account. You agree to immediately notify Us of any unauthorised use of your Member Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
Security of Information
We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. By using the Website or our Services you accept the risk of disclosure of your personal information and agree that, to the extent permitted by applicable law, we disclaim any responsibility for and shall have no liability to you or any third party in the event of such disclosure, whether as a result of negligence or otherwise.
Subscription to Write to Rachel Programmes
You can subscribe to a Write to Rachel programme via the Shop page on the Website or by communicating with Us by email or telephone. Your subscription is effective only when we have received your payment for the programme and we have sent you a written confirmation that your subscription has been accepted. (If you have placed an order to subscribe for a Programme via the Website Shop, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your subscription is confirmed. Our confirmation of your subscription will take place as described above by written confirmation that your subscription has been accepted).
We reserve the right at our sole discretion to determine whether or not to accept a subscription request.
Member Accounts and subscriptions are not transferable.
The programme acceptance will specify the dates during which the programme will run. If the programme is not a standard Write to Rachel Programme (ie. Core, School Holidays or Extension) and has been individually designed as a “custom programme” for you, the programme acceptance will additionally describe the features of the custom programme.
You must provide Write to Rachel with accurate and complete information when you subscribe to any Services. It is your responsibility to update Write to Rachel of any changes to that information by emailing info@WritetoRachel.com.
We understand that your child is busy and has an active schedule and may not always be able to complete their programme within the specified dates. We allow a grace period from the last date of your programme to allow for this eventuality, which varies according to the relevant Write to Rachel Programme. The grace period
Qualifying for Write to Rachel Extension Programmes
Extension Programmes are available to children that have completed a Core or School Holidays or custom programme within the 6 months prior to the commencement of the Extension Programme. Subscriptions to an Extension Programme may be on a month-to-month basis or for the number of months desired.
Write to Rachel Report and Assessment
At the end of your child’s programme you will be provided with a written report and assessment (and for an Extension Programme this is normally provided every 6 months). This will typically summarise the progress made by your child and make recommendations for further development for your child. Upon request you may also arrange a telephone consultation with us for up to 30 minutes. Please note that the report and assessment and consultation will be based upon the interactions between your child and Write to Rachel during the programme and consequently will be necessarily be more limited than a school report.
Write to Rachel Services
Write to Rachel agree to provide our specified services for the Programme to which you have subscribed for your child with reasonable skill and care. Of course, every programme also involves the participation of your child, and we understand that sometimes your child may require encouragement and support to write their letter back on time, with the requested content, or even at all. We will do our best to encourage this – and this is often sufficient. Sometimes your support as a parent or guardian is invaluable early on and Write to Rachel will work with you, the parent or guardian or other designated responsible person, to help your child become used to and enjoy the fun of writing back. However, Write to Rachel cannot and does not guarantee an outcome or result from your child’s Write to Rachel programme. If your child does not complete their programme (eg. by not writing back to Rachel within a reasonable time plus reasonable time extensions) then we regret that the programme fee is not refundable whether in total or for any part of the programme not completed.
Additional Write to Rachel Consultations Services
If you have requested and we have agreed to provide consultation services in addition to or separate from those included in your Write to Rachel programme subscription, then our consultation acceptance will describe the consulting services requested, the proposed dates and the fee.
Payment for Write to Rachel Services
Payment in full for any Write to Rachel Services for which you subscribe must be made in advance before the commencement of the relevant programme Service. The price for the programme is that posted on the Website at the commencement of the relevant programme, except in the case of a “custom programme” or “consultation service” where the price is that advised in your written confirmation from Write to Rachel. All prices are inclusive of VAT as applicable unless otherwise stated.
It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(i) where the Services’ correct price is less than the price stated on our site, we will charge the lower amount when providing the Services to you. However, if the pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price; and
(ii) if the Service’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
Payment may be made by bank payment or credit card (plus the relevant credit card price supplement). We reserve the right to suspend or terminate your Services if full payment is not made or is reversed. We may charge you interest on overdue sums at the rate of four per cent (4%) per annum above the prevailing rate of NatWest from the relevant due date until the date payment is made. Any right of set off, deduction or withholding is hereby expressly excluded and all sums due from you shall be paid by you to us free from any deductions, withholdings or set off of any kind.
We reserve the right to amend programme prices, provided that any price change shall only be applicable for programmes commencing, or extension programme renewals made, on or after the date the price change came into effect.
Statutory 14 day Cancellation Period for Consumers
If you are a consumer you have the statutory right to cancel your subscription at any time within 14 days of our sending you our written confirmation of acceptance. As a result, we will not commence providing the subscribed for programme Services to you and your child or any consultation Services for you until after the 14 day cancellation period has ended.
If you wish your child’s programme Services or your consultation Services to begin before the end of the 14 day cancellation period, you must expressly request this in writing. If we agree to commence the Services before the end of the 14 day cancellation period and you nonetheless subsequently decide to cancel the Services during the cancellation period we will deduct from any subscription refund a portion of the subscription fees for the elements of the programme or consulatation Services provided up to when we receive your cancellation.
If you wish to cancel your Services before the end of the 14 day cancellation period, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website and return it to us. Alternatively you may prefer to use the EU model form of statutory notice of cancellation and send this to us instead. A link to this is also provided on our website. You can also notify us by e-mail at info@WritetoRachel.com, telephone on +44(0)7771 922 051 or by post to Write to Rachel, c/o Kent 24 Portland, London W11 4LG, United Kingdom. If you are e-mailing us or writing to us please include details of your subscription to help us to identify your order. Your cancellation is effective from the time and date when we receive it. We will send you an email confirming our receipt of your cancellation.
If you cancel your subscription within the 14 day statutory cancellation period you will receive a full refund within 14 days after we receive notice from you of your cancellation. If you have requested and we have agreed to start your subscription or consultation during the 14 day statutory cancellation period we will deduct from the refund a portion of the Services fees for the element of the Services provided up to the date we receive your cancellation. The refund will be paid to you using the same mechanism used by you to pay for the Services unless you request and we agree a different refund mechanism.
Suspension or Termination of Member Account or Services
We may terminate or suspend your use of the Member Account for the Services and/or access to all or part of this Website and/or any of the Services (this will not affect any other legal rights which we may also have under this User Agreement or otherwise) if we determine after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of Write to Rachel or our customers or other third parties. In such event you will not be entitled to a refund of any fees for any incomplete or partially completed subscribed for Services.
Upon not less than 14 days notice, we may terminate or suspend your use of the Member Account for the Services and/or access to all or part of this Website and/or any of the Services (this will not affect any other legal rights which we may also have under this User Agreement or otherwise) if we decide to cease our operations and/or our provision of any applicable Services in connection with the Website. In such event you will be entitled to a pro-rata subscription refund for any partially completed subscribed for Services.
User Code of Conduct
The Website and the Services are provided by Write to Rachel and are intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website or via the Services. Users of this Website or the Services must not:
Write to Rachel warrant that: (i) we have full right and title to enter into the User Agreement; and (ii) we will use reasonable skill and care in the performance of our obligations in relation to the Services. However, we do not give you any other warranties. All other warranties, representations or terms having equivalent effect that might be implied by law are excluded to the extent permitted by law, including any warranties as to satisfactory quality or fitness for a particular purpose.
In particular, we cannot guarantee:(i) the accuracy of the Website or the Services; (ii) the availability of the Website or the Services; (iii) that the Website or the Services will be free from infection by viruses or anything else that has contaminating or destructive properties; or (iv) the outcome or result of the Services for your child. No representative of Write to Rachel is authorised to give or make any other representation, warranty, condition or term or modify the warranties provided in this section in any way.
Ownership of Intellectual Property and Restrictions on Use of Write to Rachel Materials
All products, services, content, information displayed, performed or otherwise accessible through this Website or via our Services , including, without limitation, Public Materials, Member Materials, together with all digital images contained on the website, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Write to Rachel Materials”) are the property of Write to Rachel, our partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by copyright, trademark and patent laws throughout the world. Without limiting the generality of any other provisions of this User Agreement, the use of any Write to Rachel Materials on any other website or networked computer environment is prohibited.
This User Agreement grants to you a limited license to access and use this Website and our Services, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use. You may print and retain a copy of pages of this Website or any of our Services materials only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website or any of our Services may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Write to Rachel Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Write to Rachel Materials other than as expressly permitted by us.
Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages or Services materials, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website or our Services materials for your own personal, non-commercial use; (ii) download or copy Website information or Services materials for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Services materials or Write to Rachel Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents or of our Services materials; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website or our Services materials and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Write to Rachel or our licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Write to Rachel or our licensors.
If you download, access or use software from this Website or our Services, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (the “Software”) are licensed to you for your personal, non-commercial use as a personal, non-exclusive, non-assignable, non-transferable license. Write to Rachel keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, disassemble or otherwise render the Software. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
Write to Rachel has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website or the Services; (ii) any part or all of this Website or the Services, including hours of availability; and (iii) to restrict access to parts or all of this Website or Services from time to time with or without notice to you. Write to Rachel may make available and upgrade this Website or Services on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website or such Services. In order to obtain and access parts of this Website or Services, including upgrades, you may be required, at your own cost, to install specific software on your computer.
User Content
Certain areas of this Website or communication via email or otherwise will permit you to send to Write to Rachel text, information and other submissions. We value your feedback on this Website and our Services, and to help us better understand your remarks, we request that you be as specific as possible in your comments on this Website or our Services. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to Write to Rachel shall be deemed to be, and shall remain, the property of Write to Rachel. You shall be deemed to have irrevocably assigned in perpetuity to Write to Rachel free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, Write to Rachel shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Write to Rachel, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.
You are responsible for all User Content posted by you. WRITE TO RACHEL HAVE NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. Write to Rachel retains the right, but not the obligation, to review, edit or delete any User Content which we deem to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.
Confidentiality
Each party agree to keep all commercial, financial or other confidential information obtained from the other in connection with the Website or the Services confidential. Each party will only disclose the confidential information to those of its employees, agents or sub-contractors who need to know it for the purposes of the User Agreement and shall use all reasonable endeavours to procure that those employees, agents or sub-contractors abide by such restrictions.
The obligations of confidentiality set out above shall not apply to any information which a party can show: (i) at the time of its acquisition was in, or at a later date has come into, the public domain, other than as a result of a breach of its confidentiality obligations; or (ii) it knew prior to first disclosure to it by the other party; or (iii) it received independently from a third party with the full right to disclose; or (iv) it is obliged to disclose by applicable law, court order or regulatory rules provided that it gives the other party sufficient notice in advance of such disclosure to take action against the order.
Email Communications
By supplying your email address to Write to Rachel you consent to receive promotional and or program update emails from Write to Rachel. You may opt out of these emails at any time by following the specific opt out instructions within the communication we send
Disclaimer, Exclusions and Limitations
THE USE OF THIS WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WRITE TO RACHEL DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
WRITE TO RACHEL DO NOT WARRANT THAT THIS WEBSITE AND ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH US THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
IN ADDITION, WRITE TO RACHEL DO NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WRITE TO RACHEL DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE RESTS WITH YOU.
WRITE TO RACHEL DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE, EXCEPT AND ONLY TO THE EXTENT OTHERWISE EXPRESSLY STATED IN THIS USER AGREEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, RESULTS AND VALIDITY OF THE SERVICES RESTS WITH YOU, EXCEPT AND ONLY TO THE EXTENT OTHERWISE EXPRESSLY STATED IN THE USER AGREEMENT.
IF YOUR USE OF THIS WEBSITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU ARE RESPONSIBLE FOR THOSE COSTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WRITE TO RACHEL BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR OUR SERVICES OR ANY CONTENTS WITH WHICH IT IS LINKED, EVEN IF WRITE TO RACHEL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, NEITHER WRITE TO RACHEL IS RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE OR THE SERVICES.
IN CERTAIN CASES, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF WRITE TO RACHEL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE SERVICES OR ANY OF THE WRITE TO RACHEL MATERIALS OR FUNCTIONS AT THIS WEBSITE OR VIA THE SERVICES, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU FOR YOUR SUBSCRIPTION TO THE SERVICES IN THE 12 MONTHS PRECEDING THE CAUSE OF ACTION OR (II) £250.
NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, WRITE TO RACHEL DO NOT SEEK TO LIMIT THEIR LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY WRITE TO RACHEL’S NEGLIGENCE OR THAT OF THEIR EMPLOYEES OR AGENTS DULY ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF WRITE TO RACHEL.
Indemnity from You
YOU HEREBY AGREE TO INDEMNIFY AND HOLD WRITE TO RACHEL AND EACH EMPLOYEE OR AGENT OF WRITE TO RACHEL ACTING IN THEIR CAPACITY AS EMPLOYEES OR AGENTS OF WRITE TO RACHEL FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY OF THEM MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR MEMBER ACCOUNT AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR SUBSCRIPTION TO ANY SERVICES; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH WRITE TO RACHEL IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Force Majeure
Write to Rachel will not be liable for any failure or delay in performing our obligations under the User Agreement to the extent that the failure or delay is the result of any cause or circumstance beyond our reasonable control including but in no way limited to fire, war, acts of God, power outages, internet failures, security breaches, malicious hacks, changes in law and/or regulation, labour disputes, failures in the supply chain, or sickness (“Force Majeure”). We may terminate the User Agreement and discontinue the Website or the Services in the event of a Force Majeure that continues for more than 14 days. If you have a current subscription for our Services which is terminated by us as a consequence of Force Majeure you will be entitled to a pro-rate refund of fees for your subscription.
Spam
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages
General
You may not assign or transfer your rights or obligations under your Agreement without our prior express written consent. We may at any time assign or transfer our rights and obligations under the User Agreement to another associate of Write to Rachel if we reorganise the business of Write to Rachel from operation through an individual to a legal entity.
The User Agreement (including the Privacy Policy) represents the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied upon any statement or representation not recorded in the User Agreement inducing you to enter into it, but this does not exclude the liability of either party for any pre-contractual statements or representations made fraudulently.
If any provision of the User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of the User Agreement which shall remain in full force and effect. If any provision of the User Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the invalidity of the provision will not effect the validity of the other provisions of the User Agreement, which will remain in full force and effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in full force and effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
Failure by either you or us to exercise any right or remedy under the User Agreement does not constitute a waiver of that right or remedy.
The relationship of Write to Rachel and you established by the User Agreement is that of independent contractor, and not an employment, agency, partnership, franchise, joint venture or any other such relationship.
Any notice to be given under this User Agreement to either party may be served by the other party either by being sent by first class post to such party at the address as that party may notify to the other from time to time or by e-mail to such address as that party may notify from time to time. Any notice served by post shall be deemed to have been served on the working day next following the date of posting or sending. Any notice sent by email transmission shall be deemed to have been duly sent on the date of transmission if a confirmation of receipt has been received.
A person who is not party to your Agreement shall have no right under the Agreements (Rights of Third Parties) Act 1999 to enforce any of its terms.
The User Agreement (and Privacy Policy) is governed by, and construed in accordance with, English law without regard to its conflict of laws. You agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with your Agreement or the legal relationship established by it, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. However, we may also bring an action against you in the courts of your place of residence.
Headings in this User Agreement are for convenience only and will have no legal meaning or effect.
Complaints
Please contact us you have any complaints about Write to Rachel’s Services by emailing us at info@WritetoRachel.com [insert link] and we will do our best to assist you.
Final Note to Parents
The Internet offers a world of wonderful new learning opportunities for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to ensure responsible online practices will help your children use only appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.
Effective Date: 25 July 2015
Write to Rachel Terms and Conditions/User Agreement
Effective Date: 25 July 2015. (This version of our Terms and Conditions/User Agreement replaces and supercedes any prior version for any use of the Write to Rachel website or Write to Rachel programme Services commencing on or after the above date)
Introduction
Welcome to WritetoRachel.com (the “Website”). This Website is, and the Write to Rachel Programmes and services described on this Website (the “Services”) are, provided by Rachel Kent, dba Write to Rachel (“Write to Rachel, “Us” or “We”). If you have any questions relating to this Website or any of the Services, you can email us at info@WritetoRachel.com [insert link]. So that you may fully enjoy our Website and the Services, we would like you to be aware of the following rules that govern your use of the Website and of our Services.
Agreement
THE PARENT OR LEGAL GUARDIAN SHOULD CAREFULLY READ THE USER AGREEMENT AS IT IS A BINDING AGREEMENT BETWEEN WRITE TO RACHEL AND THE PARENT OR LEGAL GUARDIAN.
PLEASE READ THIS USER AGREEMENT CAREFULLY, AND IF YOU ARE UNDER THE AGE OF EIGHTEEN, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF.
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY USING THIS WEBSITE OR SUBSCRIBING TO ANY OF THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE OR TO USE ANY OF OUR SERVICES.
This User Agreement (the “User Agreement”) is a contract between you and Us and applies to all users of this Website or of the Services. In this User Agreement “you” or “your” means any person or entity using this Website or the Services, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), it also includes such person’s parent or legal guardian.
Certain elements of our Services will involve the parent or guardian and/or require their assistance and support for the child that is benefitting from the Write to Rachel Services. For example, completion of the sign-up questionnaire, designating the email to which Write to Rachel letters are to be sent by us for a child, designating the email to which any report and assessment is to be sent by us, subscribing and paying for the Services, etc.
The User Agreement and Privacy Policy represent the entire agreement between us in relation to their subject matter and form a binding agreement between Write to Rachel and you. The User Agreement and Privacy Policy shall govern and be incorporated into every agreement between us and shall prevail over any terms or conditions (whether or not inconsistent with the User Agreement or Privacy Policy) contained or referred to in any correspondence, order, documentation submitted by you elsewhere or implied by custom, practice or course of dealing.
Amendments
We may amend or supplement this User Agreement at any time. Please check this User Agreement each time you access and use this Website or use the Services so that you will understand the terms applicable to your access and use of this Website or the Services. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website. Such amended or supplemented User Agreement will be effective as of its date of publication on the Website and will govern any use of the Website or any programme of Services commencing on or after such date. By using the Website or subscribing to or using any Services on or after such date you agree to such amended or supplemented User Agreement. If you do not agree to the amended or supplemented User Agreement, you may not continue to access or use the Website or the Services. However, please note that no changes to this User Agreement that we may make in the future will shorten the balance of programme Services to which you have subscribed before such effective date.
Privacy Policy
Our general Privacy Policy [include link] (as of the most recent effective date) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. Our Privacy Policy may be changed from time to time. When we make changes to the Privacy Policy, we will notify you of the changes by posting the revised version on our Website. Such amended Privacy Policy will be effective as of its date of publication on the Website and will govern any use of the Website or any programme of Services commencing on or after such date. By using the Website or subscribing to or using any Services on or after such date you agree to such amended Privacy Policy. If you do not agree to the amended Privacy Policy, you may not continue to access or use the Website or the Services. Any other posted guidelines or rules applicable to any individual use of this Website or the Services will form part of this User Agreement.
Links to Other Websites
Any other websites that link to this Website are not part of this Website and may have different policies with respect to the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting any third party websites to which we provide links.
Subscription and Your Member Account
Certain products, services, information and materials provided through this Website may be accessed and/or used by you without requiring subscription to a Write to Rachel programme (collectively, “Public Materials”). Other products, services, information and materials may be provided by Us in connection with your subscription to a Write to Rachel programme Service (collectively, “Programme Materials”). This User Agreement applies equally to the use and access of Public Materials and Programme Materials.
When you subscribe to a Write to Rachel Programme, you will be asked to provide an email or other communication address to which Programme Materials will be provided (your “Member Account”).
Security of Your Member Account
IT IS IMPORTANT THAT YOU KEEP YOUR MEMBER ACCOUNT SECURE AS IT WILL BE USED FOR RECEIVING AND SENDING YOUR PROGRAMME MATERIALS.
You are responsible for maintaining the security and confidentiality of your Member Account, and for all activities that occur through the use of your Member Account. You agree to immediately notify Us of any unauthorised use of your Member Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
Security of Information
We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the Internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. By using the Website or our Services you accept the risk of disclosure of your personal information and agree that, to the extent permitted by applicable law, we disclaim any responsibility for and shall have no liability to you or any third party in the event of such disclosure, whether as a result of negligence or otherwise.
Subscription to Write to Rachel Programmes
You can subscribe to a Write to Rachel programme via the Shop page on the Website or by communicating with Us by email or telephone. Your subscription is effective only when we have received your payment for the programme and we have sent you a written confirmation that your subscription has been accepted. (If you have placed an order to subscribe for a Programme via the Website Shop, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your subscription is confirmed. Our confirmation of your subscription will take place as described above by written confirmation that your subscription has been accepted).
We reserve the right at our sole discretion to determine whether or not to accept a subscription request.
Member Accounts and subscriptions are not transferable.
The programme acceptance will specify the dates during which the programme will run. If the programme is not a standard Write to Rachel Programme (ie. Core, School Holidays or Extension) and has been individually designed as a “custom programme” for you, the programme acceptance will additionally describe the features of the custom programme.
You must provide Write to Rachel with accurate and complete information when you subscribe to any Services. It is your responsibility to update Write to Rachel of any changes to that information by emailing info@WritetoRachel.com.
We understand that your child is busy and has an active schedule and may not always be able to complete their programme within the specified dates. We allow a grace period from the last date of your programme to allow for this eventuality, which varies according to the relevant Write to Rachel Programme. The grace period
- for
the Core Programme is 6 weeks;
- for
the Summer School Holidays Programme is 4 weeks;
- for
the Winter/Spring School Holidays Programme is 2 weeks;
- for
an Extension Programme is one week after each relevant month; and
- for a
“custom programme” will be specified in the programme acceptance.
Qualifying for Write to Rachel Extension Programmes
Extension Programmes are available to children that have completed a Core or School Holidays or custom programme within the 6 months prior to the commencement of the Extension Programme. Subscriptions to an Extension Programme may be on a month-to-month basis or for the number of months desired.
Write to Rachel Report and Assessment
At the end of your child’s programme you will be provided with a written report and assessment (and for an Extension Programme this is normally provided every 6 months). This will typically summarise the progress made by your child and make recommendations for further development for your child. Upon request you may also arrange a telephone consultation with us for up to 30 minutes. Please note that the report and assessment and consultation will be based upon the interactions between your child and Write to Rachel during the programme and consequently will be necessarily be more limited than a school report.
Write to Rachel Services
Write to Rachel agree to provide our specified services for the Programme to which you have subscribed for your child with reasonable skill and care. Of course, every programme also involves the participation of your child, and we understand that sometimes your child may require encouragement and support to write their letter back on time, with the requested content, or even at all. We will do our best to encourage this – and this is often sufficient. Sometimes your support as a parent or guardian is invaluable early on and Write to Rachel will work with you, the parent or guardian or other designated responsible person, to help your child become used to and enjoy the fun of writing back. However, Write to Rachel cannot and does not guarantee an outcome or result from your child’s Write to Rachel programme. If your child does not complete their programme (eg. by not writing back to Rachel within a reasonable time plus reasonable time extensions) then we regret that the programme fee is not refundable whether in total or for any part of the programme not completed.
Additional Write to Rachel Consultations Services
If you have requested and we have agreed to provide consultation services in addition to or separate from those included in your Write to Rachel programme subscription, then our consultation acceptance will describe the consulting services requested, the proposed dates and the fee.
Payment for Write to Rachel Services
Payment in full for any Write to Rachel Services for which you subscribe must be made in advance before the commencement of the relevant programme Service. The price for the programme is that posted on the Website at the commencement of the relevant programme, except in the case of a “custom programme” or “consultation service” where the price is that advised in your written confirmation from Write to Rachel. All prices are inclusive of VAT as applicable unless otherwise stated.
It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(i) where the Services’ correct price is less than the price stated on our site, we will charge the lower amount when providing the Services to you. However, if the pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price; and
(ii) if the Service’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
Payment may be made by bank payment or credit card (plus the relevant credit card price supplement). We reserve the right to suspend or terminate your Services if full payment is not made or is reversed. We may charge you interest on overdue sums at the rate of four per cent (4%) per annum above the prevailing rate of NatWest from the relevant due date until the date payment is made. Any right of set off, deduction or withholding is hereby expressly excluded and all sums due from you shall be paid by you to us free from any deductions, withholdings or set off of any kind.
We reserve the right to amend programme prices, provided that any price change shall only be applicable for programmes commencing, or extension programme renewals made, on or after the date the price change came into effect.
Statutory 14 day Cancellation Period for Consumers
If you are a consumer you have the statutory right to cancel your subscription at any time within 14 days of our sending you our written confirmation of acceptance. As a result, we will not commence providing the subscribed for programme Services to you and your child or any consultation Services for you until after the 14 day cancellation period has ended.
If you wish your child’s programme Services or your consultation Services to begin before the end of the 14 day cancellation period, you must expressly request this in writing. If we agree to commence the Services before the end of the 14 day cancellation period and you nonetheless subsequently decide to cancel the Services during the cancellation period we will deduct from any subscription refund a portion of the subscription fees for the elements of the programme or consulatation Services provided up to when we receive your cancellation.
If you wish to cancel your Services before the end of the 14 day cancellation period, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website and return it to us. Alternatively you may prefer to use the EU model form of statutory notice of cancellation and send this to us instead. A link to this is also provided on our website. You can also notify us by e-mail at info@WritetoRachel.com, telephone on +44(0)7771 922 051 or by post to Write to Rachel, c/o Kent 24 Portland, London W11 4LG, United Kingdom. If you are e-mailing us or writing to us please include details of your subscription to help us to identify your order. Your cancellation is effective from the time and date when we receive it. We will send you an email confirming our receipt of your cancellation.
If you cancel your subscription within the 14 day statutory cancellation period you will receive a full refund within 14 days after we receive notice from you of your cancellation. If you have requested and we have agreed to start your subscription or consultation during the 14 day statutory cancellation period we will deduct from the refund a portion of the Services fees for the element of the Services provided up to the date we receive your cancellation. The refund will be paid to you using the same mechanism used by you to pay for the Services unless you request and we agree a different refund mechanism.
Suspension or Termination of Member Account or Services
We may terminate or suspend your use of the Member Account for the Services and/or access to all or part of this Website and/or any of the Services (this will not affect any other legal rights which we may also have under this User Agreement or otherwise) if we determine after reasonable investigation that you have breached this User Agreement or that your conduct violates applicable law or is otherwise harmful to the interests of Write to Rachel or our customers or other third parties. In such event you will not be entitled to a refund of any fees for any incomplete or partially completed subscribed for Services.
Upon not less than 14 days notice, we may terminate or suspend your use of the Member Account for the Services and/or access to all or part of this Website and/or any of the Services (this will not affect any other legal rights which we may also have under this User Agreement or otherwise) if we decide to cease our operations and/or our provision of any applicable Services in connection with the Website. In such event you will be entitled to a pro-rata subscription refund for any partially completed subscribed for Services.
User Code of Conduct
The Website and the Services are provided by Write to Rachel and are intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on this Website or via the Services. Users of this Website or the Services must not:
- Use this Website or the Services in such a way as to offend or interfere with the use by anyone else of this Website or the Services;
- Sell, trade or barter any items obtained through this Website or the Services;
- Upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website or the Services that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy;
- Attempt to circumvent the security systems of this Website or the Services;
- Attempt to gain access to this Website or the Services in a fraudulent manner;
- Attempt to use this Website or the Services in a fraudulent manner, including but not limited to, access to this Website or our Services or information or images that have not yet been officially announced or incorporated into this Website’s functionality or that are confidential to any other user of this Website or of our Services.
- Attempt to gain access to any other user’s Accounts;
- Attempt to ascertain any other user’s personal information by any means whatsoever, including without limitation, by use of this Website or the Services or any other website, or by e-mail communication;
- Attempt to harvest or otherwise collect information about other users without their consent;
- Attempt to use this Website or the Services for any purposes other than those intended by Write to Rachel; or
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Write to Rachel warrant that: (i) we have full right and title to enter into the User Agreement; and (ii) we will use reasonable skill and care in the performance of our obligations in relation to the Services. However, we do not give you any other warranties. All other warranties, representations or terms having equivalent effect that might be implied by law are excluded to the extent permitted by law, including any warranties as to satisfactory quality or fitness for a particular purpose.
In particular, we cannot guarantee:(i) the accuracy of the Website or the Services; (ii) the availability of the Website or the Services; (iii) that the Website or the Services will be free from infection by viruses or anything else that has contaminating or destructive properties; or (iv) the outcome or result of the Services for your child. No representative of Write to Rachel is authorised to give or make any other representation, warranty, condition or term or modify the warranties provided in this section in any way.
Ownership of Intellectual Property and Restrictions on Use of Write to Rachel Materials
All products, services, content, information displayed, performed or otherwise accessible through this Website or via our Services , including, without limitation, Public Materials, Member Materials, together with all digital images contained on the website, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Write to Rachel Materials”) are the property of Write to Rachel, our partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns and are protected, without limitation, by copyright, trademark and patent laws throughout the world. Without limiting the generality of any other provisions of this User Agreement, the use of any Write to Rachel Materials on any other website or networked computer environment is prohibited.
This User Agreement grants to you a limited license to access and use this Website and our Services, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use. You may print and retain a copy of pages of this Website or any of our Services materials only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Website or any of our Services may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Write to Rachel Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Write to Rachel Materials other than as expressly permitted by us.
Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy any Website pages or Services materials, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website or our Services materials for your own personal, non-commercial use; (ii) download or copy Website information or Services materials for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the Services materials or Write to Rachel Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents or of our Services materials; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website or our Services materials and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Write to Rachel or our licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Write to Rachel or our licensors.
If you download, access or use software from this Website or our Services, the software, including any files, codes, images, and audio clips incorporated in or generated by the software, and data accompanying the software (the “Software”) are licensed to you for your personal, non-commercial use as a personal, non-exclusive, non-assignable, non-transferable license. Write to Rachel keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, disassemble or otherwise render the Software. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
Write to Rachel has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Website or the Services; (ii) any part or all of this Website or the Services, including hours of availability; and (iii) to restrict access to parts or all of this Website or Services from time to time with or without notice to you. Write to Rachel may make available and upgrade this Website or Services on the same terms and conditions as this User Agreement and any such upgrades will form part of this Website or such Services. In order to obtain and access parts of this Website or Services, including upgrades, you may be required, at your own cost, to install specific software on your computer.
User Content
Certain areas of this Website or communication via email or otherwise will permit you to send to Write to Rachel text, information and other submissions. We value your feedback on this Website and our Services, and to help us better understand your remarks, we request that you be as specific as possible in your comments on this Website or our Services. Upon submission, all creative suggestions, ideas, notes, artwork, drawings, stories, concepts, content, materials or information of any nature, save and except any personally identifiable information as defined in our Privacy Policy (collectively, the “User Content”), submitted by you to Write to Rachel shall be deemed to be, and shall remain, the property of Write to Rachel. You shall be deemed to have irrevocably assigned in perpetuity to Write to Rachel free of charge all of your worldwide right, title and interest in and to such User Content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, Write to Rachel shall exclusively own all now known or hereafter existing rights to the User Content of every kind and nature throughout the world, and shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. To the extent any User Content is deemed non-assignable by applicable law, you hereby grant (or warrant that the owner of such rights has expressly granted) to Write to Rachel, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize such User Content anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you.
You are responsible for all User Content posted by you. WRITE TO RACHEL HAVE NO RESPONSIBILITY FOR SUCH USER CONTENT. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide. Write to Rachel retains the right, but not the obligation, to review, edit or delete any User Content which we deem to be illegal, offensive, or otherwise inappropriate. All information submitted by you which constitutes personal information shall be subject to our Privacy Policy.
Confidentiality
Each party agree to keep all commercial, financial or other confidential information obtained from the other in connection with the Website or the Services confidential. Each party will only disclose the confidential information to those of its employees, agents or sub-contractors who need to know it for the purposes of the User Agreement and shall use all reasonable endeavours to procure that those employees, agents or sub-contractors abide by such restrictions.
The obligations of confidentiality set out above shall not apply to any information which a party can show: (i) at the time of its acquisition was in, or at a later date has come into, the public domain, other than as a result of a breach of its confidentiality obligations; or (ii) it knew prior to first disclosure to it by the other party; or (iii) it received independently from a third party with the full right to disclose; or (iv) it is obliged to disclose by applicable law, court order or regulatory rules provided that it gives the other party sufficient notice in advance of such disclosure to take action against the order.
Email Communications
By supplying your email address to Write to Rachel you consent to receive promotional and or program update emails from Write to Rachel. You may opt out of these emails at any time by following the specific opt out instructions within the communication we send
Disclaimer, Exclusions and Limitations
THE USE OF THIS WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WRITE TO RACHEL DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS WEBSITE, ITS CONTENTS, THE SERVICES AVAILABLE THROUGH THIS WEBSITE, OR ASSOCIATED WITH THE USE OF THIS WEBSITE, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
WRITE TO RACHEL DO NOT WARRANT THAT THIS WEBSITE AND ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED WILL BE AVAILABLE AT ANY PARTICULAR TIME, WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR WILL BE CORRECTED IF FOUND TO BE DEFECTIVE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH US THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
IN ADDITION, WRITE TO RACHEL DO NOT WARRANT THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WRITE TO RACHEL DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THIS WEBSITE RESTS WITH YOU.
WRITE TO RACHEL DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE, EXCEPT AND ONLY TO THE EXTENT OTHERWISE EXPRESSLY STATED IN THIS USER AGREEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, RESULTS AND VALIDITY OF THE SERVICES RESTS WITH YOU, EXCEPT AND ONLY TO THE EXTENT OTHERWISE EXPRESSLY STATED IN THE USER AGREEMENT.
IF YOUR USE OF THIS WEBSITE OR THE SERVICES RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU ARE RESPONSIBLE FOR THOSE COSTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WRITE TO RACHEL BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR OUR SERVICES OR ANY CONTENTS WITH WHICH IT IS LINKED, EVEN IF WRITE TO RACHEL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, NEITHER WRITE TO RACHEL IS RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE OR THE SERVICES.
IN CERTAIN CASES, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF WRITE TO RACHEL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE SERVICES OR ANY OF THE WRITE TO RACHEL MATERIALS OR FUNCTIONS AT THIS WEBSITE OR VIA THE SERVICES, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU FOR YOUR SUBSCRIPTION TO THE SERVICES IN THE 12 MONTHS PRECEDING THE CAUSE OF ACTION OR (II) £250.
NOTHWITHSTANDING THE GENERALITY OF THE ABOVE, WRITE TO RACHEL DO NOT SEEK TO LIMIT THEIR LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY DIRECTLY CAUSED BY WRITE TO RACHEL’S NEGLIGENCE OR THAT OF THEIR EMPLOYEES OR AGENTS DULY ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF WRITE TO RACHEL.
Indemnity from You
YOU HEREBY AGREE TO INDEMNIFY AND HOLD WRITE TO RACHEL AND EACH EMPLOYEE OR AGENT OF WRITE TO RACHEL ACTING IN THEIR CAPACITY AS EMPLOYEES OR AGENTS OF WRITE TO RACHEL FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL FEES, WHICH ANY OF THEM MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THIS USER AGREEMENT; (II) YOUR USE OF THIS WEBSITE, YOUR MEMBER ACCOUNT AND/OR YOUR SUBMISSION OF USER CONTENT; (III) YOUR SUBSCRIPTION TO ANY SERVICES; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY. YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH WRITE TO RACHEL IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
Force Majeure
Write to Rachel will not be liable for any failure or delay in performing our obligations under the User Agreement to the extent that the failure or delay is the result of any cause or circumstance beyond our reasonable control including but in no way limited to fire, war, acts of God, power outages, internet failures, security breaches, malicious hacks, changes in law and/or regulation, labour disputes, failures in the supply chain, or sickness (“Force Majeure”). We may terminate the User Agreement and discontinue the Website or the Services in the event of a Force Majeure that continues for more than 14 days. If you have a current subscription for our Services which is terminated by us as a consequence of Force Majeure you will be entitled to a pro-rate refund of fees for your subscription.
Spam
The publication of electronic mail addresses on this Website is to facilitate communications relating to the functions of this Website and must not be inferred as consent by us to receiving unsolicited commercial electronic messages
General
You may not assign or transfer your rights or obligations under your Agreement without our prior express written consent. We may at any time assign or transfer our rights and obligations under the User Agreement to another associate of Write to Rachel if we reorganise the business of Write to Rachel from operation through an individual to a legal entity.
The User Agreement (including the Privacy Policy) represents the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied upon any statement or representation not recorded in the User Agreement inducing you to enter into it, but this does not exclude the liability of either party for any pre-contractual statements or representations made fraudulently.
If any provision of the User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of the User Agreement which shall remain in full force and effect. If any provision of the User Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the invalidity of the provision will not effect the validity of the other provisions of the User Agreement, which will remain in full force and effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in full force and effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
Failure by either you or us to exercise any right or remedy under the User Agreement does not constitute a waiver of that right or remedy.
The relationship of Write to Rachel and you established by the User Agreement is that of independent contractor, and not an employment, agency, partnership, franchise, joint venture or any other such relationship.
Any notice to be given under this User Agreement to either party may be served by the other party either by being sent by first class post to such party at the address as that party may notify to the other from time to time or by e-mail to such address as that party may notify from time to time. Any notice served by post shall be deemed to have been served on the working day next following the date of posting or sending. Any notice sent by email transmission shall be deemed to have been duly sent on the date of transmission if a confirmation of receipt has been received.
A person who is not party to your Agreement shall have no right under the Agreements (Rights of Third Parties) Act 1999 to enforce any of its terms.
The User Agreement (and Privacy Policy) is governed by, and construed in accordance with, English law without regard to its conflict of laws. You agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with your Agreement or the legal relationship established by it, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. However, we may also bring an action against you in the courts of your place of residence.
Headings in this User Agreement are for convenience only and will have no legal meaning or effect.
Complaints
Please contact us you have any complaints about Write to Rachel’s Services by emailing us at info@WritetoRachel.com [insert link] and we will do our best to assist you.
Final Note to Parents
The Internet offers a world of wonderful new learning opportunities for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. Your efforts to ensure responsible online practices will help your children use only appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.
Effective Date: 25 July 2015
Write to Rachel Privacy Policy
This Policy applies to the use of personal data collected through the Write to Rachel website or by Write to Rachel, i.e. data which relates to an identifiable individual, for example, names, addresses and email addresses (“Customer Information”).
By using the Write to Rachel website you consent to the use of Customer Information as set out in this Policy.
Collection of Customer Information or Customer Information that you submit
Visitors to the Write to Rachel website are able to access the website without disclosing any personal information. However information that you submit to us, for instance by sending us an email regarding a Write to Rachel programme or by participating in a Write to Rachel course, will be recorded by and will be used for the purposes set out below.
Use and Disclosure of Personal Information
Security of Customer Information
Write to Rachel understands that privacy is important. We will take all reasonable precautions to ensure that the Customer Information that we hold about you remains confidential.
Customer Information is handled on a “Need to Know” basis and access is only provided to those persons who have a legitimate need for that information for the purposes of our business.
Cookie Policy
The Write to Rachel website (www.WritetoRachel.com) places cookies, which are small data files, on your computer or handheld device. This is standard practice for all websites. For example, our online shop uses cookies to keep track of your order as you browse our programmes. By using the Write to Rachel website, you consent to cookies being used in accordance with our policy. If you do not consent, you must disable cookies or refrain from using the site.
For further information on cookies please refer to the following website: allaboutcookies.org
Effective Date: 25 July 2015
By using the Write to Rachel website you consent to the use of Customer Information as set out in this Policy.
Collection of Customer Information or Customer Information that you submit
Visitors to the Write to Rachel website are able to access the website without disclosing any personal information. However information that you submit to us, for instance by sending us an email regarding a Write to Rachel programme or by participating in a Write to Rachel course, will be recorded by and will be used for the purposes set out below.
Use and Disclosure of Personal Information
- Customer Information is used to provide and/or enhance the services we offer to you.
- Write to Rachel may also use Customer Information to keep you informed of new products and/or services that we are offering and think you may find of value.
- Write to Rachel will not provide or sell Customer Information to any third party not affiliated with Write to Rachel other than in the circumstances set out below:
- We may disclose Customer Information to our agents and contractors in order to provide services to you.
- We reserve the right to release Customer Information when we believe that release is appropriate in order to comply with law or regulation or to protect the rights, property, or safety of our employees, agents or customers, or other third parties.
- We may from time to time use your personal information to send you information about us, our special offers and other information that you may find useful.
Security of Customer Information
Write to Rachel understands that privacy is important. We will take all reasonable precautions to ensure that the Customer Information that we hold about you remains confidential.
Customer Information is handled on a “Need to Know” basis and access is only provided to those persons who have a legitimate need for that information for the purposes of our business.
Cookie Policy
The Write to Rachel website (www.WritetoRachel.com) places cookies, which are small data files, on your computer or handheld device. This is standard practice for all websites. For example, our online shop uses cookies to keep track of your order as you browse our programmes. By using the Write to Rachel website, you consent to cookies being used in accordance with our policy. If you do not consent, you must disable cookies or refrain from using the site.
For further information on cookies please refer to the following website: allaboutcookies.org
Effective Date: 25 July 2015