Terms and Conditions of Use
Last revised on 17 March 2017
These user terms and conditions ("Terms and Conditions") may be updated by Us from time to time without notice to You. We will post any revisions to these Terms and Conditions on this page and We will also indicate at the top of this page the date that these Terms and Conditions were last revised.
By browsing and using www.twinkl.co.uk (the 'Website' which shall include the placing of orders and subscriptions), You are agreeing to comply with and be bound by the following Terms and Conditions of use, which govern the relationship between You and Twinkl Limited.
Your use of the service or this Website after any revisions have been made constitutes Your acceptance of the new Terms and Conditions. If You do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or this Website. It is Your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to consider such changes.
You should print a copy of these Terms and Conditions for future reference and You should also regularly revisit the Terms and Conditions on the Website for purposes of noting whether or not revisions have been made.
1. Who we are
1.1 Twinkl is the trading name of Twinkl Limited of Wards Exchange, 195-199 Ecclesall Road, Sheffield, S11 8HW, United Kingdom. Twinkl Limited is registered in England and Wales under company no. 07201458. The term "Twinkl", "We" and "Us", shall mean Twinkl Limited, the owner of this Website. The term "You", "Yourself" and "Your" refers to the user or viewer of this Website.
2. The services
2.1 Twinkl is a provider of high quality, printable teaching resources and we call this the 'Service'. Our resources are primarily distributed through the Website.
2.2 Twinkl provides a sticker and product service and we call this the 'Product Service' which is made available through the Website.
2.3 Twinkl provides a premium resource service upon payment of a fee as specified on the Website whereby additional resources denoted as 'premium' or chargeable in some other way may be purchased. We call this the 'Premium Service'.
2.4 Twinkl provides a community forum service and we call this the ‘Forum Service' which is made available through the Website.
2.5 Twinkl provides a service called “We Pay You” and we call this the ‘We Pay You Service' which is made available through the Website.
2.6 We reserve the right to change pricing and or availability in respect of any of the services in this clause for any reason and without notice.
2.7 Twinkl is not responsible for non-delivery or technical limitations of the end user for any reason in respect of any of the services in this clause. You are strongly advised to read our help and support FAQ.
3. Member accounts
3.1 Certain aspects of the Services may require You to register and provide information about Yourself. You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the relevant registration form contained on the Website (such information being the Registration Data) and (b) maintain and promptly update the Registration Data (by emailing Us) to keep it true, accurate, current and complete and We shall not be liable for any loss suffered by Your non-compliance with this provision.
3.3 The registration processes will involve You providing a password and We shall provide You with a designated account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Twinkl of any unauthorised use of Your password or account and any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Twinkl cannot and will not be liable for any loss or damage arising from Your failure to comply with this obligation.
3.4 Your member account is strictly for your personal use only and you may not use your account to download and print for anyone else. Twinkl does not allow volume printing arrangements, unless specifically agreed in writing (these will be individually negotiated).
3.5 Your Member account is subject to an acceptable use policy, and user accounts are monitored. Twinkl considers that no user would reasonably need to download more than 200 resources per calendar month and accounts exceeding this download level are subject to review.
4. Your conduct
4.1 You can contribute to Twinkl in a variety of ways, including (but not limited to) the shared resource bank, forum, calendar events, booklist suggestions and in addition, on most pages of the Website you are capable of posting comments for lawful, relevant, fair and appropriate opinion. You acknowledge that all information, data (including registration data), text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
4.2 Twinkl accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any Content placed on our Website (in any manner specified in Clause 4.1 or otherwise) by you or any third party.
4.3 You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled "Content Problems" for details of how to report such Content.
4.4 If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in registration data and other data concerning your identity being disclosed and your having to pay compensation to the person or company aggrieved.
4.5 You agree to not use the Service to:
4.5.1 upload, post, email or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory; harm or attempt to harm minors in any way;
4.5.2 impersonate any person or entity, including, but not limited to, a Twinkl staff member, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.5.3 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
4.5.4 upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.5.5 enter into any of our email lists an email address that is not your own where you know (or ought reasonably to know) that the recipient of the email would not wish to be contacted by Us;
4.5.6 upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights ("Rights") of any party;
4.5.7 upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
4.5.8 upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.5.9 disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
4.5.10 interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
4.5.11 intentionally or unintentionally violate any applicable law or regulation;
4.5.12 collect or store personal data about other users;
4.5.13 post content which refers to individual schools, colleges or agencies - or their staff - whether by name, or identifiable by a pseudonym or any other means; and/or
4.5.14 advertise any job vacancies in any area of the Website unless We expressly agree that you may do so.
4.6 You acknowledge that Twinkl does not pre-screen Content that you post on the Website, but that Twinkl and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Website. If Twinkl determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, Twinkl may refuse to accept or may remove any Content from the Website, without any liability to you or a third party.
5.1 You agree to indemnify, defend and hold Twinkl Limited and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by Twinkl Limited.
6. Special warning for international use
6.1 The Website is designed to be compliant with the applicable laws and regulations of England and Wales. Due to the global nature of the Internet, users from all over the world will have access to the Website, however if you are resident in a country outside of the United Kingdom you use the Website at your own risk.
7. Rights in posted content
7.1 With respect to all Content you post on the Website, you grant Twinkl Limited a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to all Content you post to the Website, you hereby waive any moral rights you have in the Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Twinkl Limited, including the execution of deeds and documents, at our request.
7.2 You represent and warrant that you own or otherwise control all of the rights to the Content and can grant the rights set out above. You represent, warrant and undertake that: (i) the work submitted is your own (ii) the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (iii) you have obtained all rights and consents that are necessary for you to provide the Content; and (iv) you will immediately remove and notify us of any Content that does not does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify Twinkl Limited for all claims brought by a third party against Twinkl Limited in respect of infringement of that third party's intellectual property rights or arising out of or in connection with a breach of any of these warranties. Twinkl Limited reserves the right to refuse to host any content that has been made in the course of business and in any respect, asserts its right to host Content entirely at its own discretion.
8. Content problems
8.1 If you object to the publication of any material placed in any area of the Website, please let us know by clicking on the 'Report' link next to the relevant post/message. This is the fastest way to notify us and will provide to us a direct link to the post/message in question.
8.2 If you object to anything on the Website, please let us know by sending an email to firstname.lastname@example.org and we will take whatever action we deem appropriate.
8.3 Twinkl will always immediately correct content where mistakes are found, but We do not guarantee the accuracy of any content provided, and it is for You to verify and be satisfied with the material you download. Twinkl provides and information service and You accept that We take no responsibility for the way You use the information you download.
9. General practices regarding use and storage
9.1 You acknowledge that Twinkl may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message postings or other uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
9.2 You agree that Twinkl has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
9.3 You acknowledge that Twinkl reserves the right to de-activate accounts that are inactive for an extended period of time.
9.4 You acknowledge that Twinkl reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. Modifications to service
10.1 Twinkl reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
10.2 You agree that Twinkl shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11.1 You agree that Twinkl, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Twinkl Limited believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
11.2 Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Twinkl's only remedy and Twinkl may take any other action we reasonably deem appropriate in connection with such breach.
12. Dealing with advertisers and other suppliers
12.1 Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
12.2 To the fullest extent permitted by applicable law, you agree that: (a) Twinkl Limited shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the Website, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service or the Website are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.
13. Links to other websites or resources
13.1 The Service may provide, or third parties may provide, links to other websites or resources. As Twinkl has no control over these sites and resources, you acknowledge and agree that Twinkl is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
13.2 You acknowledge and agree that Twinkl shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. Use of Twinkl materials
14.1 All articles, information and other materials presented on the Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Twinkl Limited. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Website or any resources therein without Twinkl Limited's written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
14.2 You acknowledge that all materials You download remain the property of Twinkl Limited in perpetuity.
15.1 You expressly acknowledge and agree that:
15.1.1 The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
15.1.2 Your use of the Service is at your sole risk. Twinkl has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Twinkl for any errors, omissions or inaccurate information on the Website or available through the Service.
15.1.3 Neither Twinkl nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
15.1.4 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
15.1.5 From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Twinkl endorses the website(s) and Twinkl has no responsibility for the content of the linked website(s).
15.1.6 The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice.
15.1.7 Twinkl is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
15.1.8 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
15.1.9 No advice or information, whether oral or written, obtained by you from Twinkl shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
16. Availability of the Website
16.1 Twinkl has an excellent record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free and Twinkl therefore accepts no liability for its unavailability.
16.2 You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
17. Limitations of liability
17.1 Twinkl Limited's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited the greater of: (a) £150 and (b) the price paid by you to Twinkl Limited under any Contract during the 3 months preceding the event giving rise to the claim.
17.2 You expressly acknowledge and agree that Twinkl Limited shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if Twinkl Limited has been advised of the possibility of such damage.
17.3 Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Twinkl Limited.
18. Events outside of our control
18.1 Twinkl will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.1.1 Strikes, lock-outs or other industrial action.
18.1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
18.1.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.1.5 Impossibility of the use of public or private telecommunications networks.
18.1.6 The acts, decrees, legislation, regulations or restrictions of any government.
18.1.7 Viruses and cyber attacks
18.1.8 Power or other failure affecting any part of our servers, premises or any other part of our service
18.2 Twinkl Limited's performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.
19. Twinkl Premium
19.1 The Twinkl premium subscription service is subject to these Terms and Conditions and in an addition the following conditions shall apply to this service:
19.1.1 Twinkl makes available the Premium Service by way of a subscription to You upon payment of a fee as specified from time to time on the Website.
19.1.2 In accordance with the general Terms and Conditions, Your User and Premium account username and password will not be shared with anyone.
19.1.3 In accordance with our Copyright Terms, You will not redistribute any resources downloaded through the Premium Service and You understand that any resources You download from the Website whether through the Premium Service or otherwise are for Your personal use only.
19.1.4 You have explicitly read and agree to abide by the Twinkl Copyright Terms .
19.1.5 You understand and agree to the Premium service Acceptable Use Policy, as detailed in clause 20.
19.1.6 You agree that a breach of any of the general Terms and Conditions will lead to Your access to the Premium Service being immediately suspended. It is at Twinkl's absolute discretion as to whether Your account will be reinstated.
19.1.7 You understand and agree that We will monitor Your usage of the Service to allow us to determine whether a violation has, or is, occurring.
19.1.8 A subscription to the Premium Service can only be purchased directly from Twinkl by (1) paying a monthly subscription fee; (“Monthly Subscriptions”) or (2) pre-payment giving You access to the Twink Premium Service for a specific time period (“Pre-Paid Subscriptions”). The Minimum Term of our monthly subscriptions is 12 months. The minimum Pre-Paid Subscription is 12 months. Twinkl retains the absolute right at their complete discretion to offer Monthly Subscriptions in certain countries for certain periods of time or Pre-Paid Subscriptions in certain countries for certain periods of time.
19.1.9 When You register for the Twinkl Premium Service, You consent to get access to Twinkl Premium services immediately.
19.1.10 If You reside within the European Union, You may cancel Your order for access to the Premium Service within 14 days from the date of Your purchase and obtain a full refund by contacting the Twinkl Cares team unless You have started to download any Premium resources. Once You have started to download any Premium resources, You cannot cancel Your order, and You will not receive a full or partial refund for Your order. By placing an order to subscribe to the Premium Service, You acknowledge and provide Your consent to this. If You reside outside an EU country, You understand and agree that We are unable to offer refunds under any circumstance.
19.1.11 In relation to Monthly Subscriptions, You’ll be charged the rate stated at the time of purchase, plus applicable taxes (such as value added tax when the stated rate doesn’t include VAT), every month for the duration of the Minimum Term. If the applicable VAT rate (or other included tax or duty) changes during the Minimum Period, the tax-inclusive price will adjust accordingly. At the end of the Minimum Term, Your contract will renew automatically for another 12 months until You or We cancel.
19.1.12 Twinkl may change the price for the Monthly Subscriptions and Pre-Paid Subscriptions (for periods not yet paid for, and will communicate any price changes to You in advance and, if applicable, how to accept those changes. Price changes for Monthly Subscriptions will take effect a month after the price change was communicated to You. As permitted by local law, You accept the new price by continuing to use the Twinkl premium subscription service after the price change takes effect. If You do not agree with the price changes, You have the right to reject the change by unsubscribing from the Twinkl premium subscription service prior to the price change going into effect. Please therefore make sure You read any such notification of price changes carefully.
19.1.13 For your safety, credit/debit card details are not stored nor shared with third parties. In short, we value your safety as highly as we would our own.
19.1.14 As per Clause 14.2, You acknowledge that all content remains the property of Twinkl Ltd at all times. You also understand that your purchasing of a Twinkl Premium package constitutes a licence for the use of Twinkl material for the duration of the subscription only.
20. Premium Service Acceptable Use Policy
20.1 The Premium Service is designed to allow individual users to download additional premium teaching resources for their own needs. Collectively, the Twinkl premium collection has taken many thousands of hours to create.
20.2 The Premium Service is subject to an acceptable use policy, and user accounts are monitored. Twinkl considers that no user would reasonably need to download more than 200 premium resources per calendar month and accounts exceeding this download level are subject to review.
20.3 The Premium Service allows the Twinkl community to support the hard work of the Twinkl staff. As such, any violation of the terms of Clause 19 or 20.2 is taken seriously and the user's account will be reviewed and may be suspended immediately.
21. Premium Service gift vouchers
21.1 The premium service can also be purchased by way of gift voucher through the Website.
21.2 A gift voucher purchase is subject to the terms of clause 21.3 but additionally to all provisions of clause 19 (notably clause 19.1.8).
21.3 A gift voucher will be delivered to You electronically at the point of payment and must be used within one (1) year of the date and time of purchase. If it is not used within this time period it will expire and You will no longer be able to make use of it.
22. Product Service
22.1 The Product Service allows You to purchase physical products directly from the Website and have them delivered to You.
22.2 Unless we agree otherwise, when you place an Order through the Website or otherwise, the price You pay will include first class postage to UK mainland addresses only. If You are ordering from overseas, we are happy to process the order, but will charge and additional postage surcharge.
22.3 When You place an order with us, this is technically an Offer from you, to us. We will deem to have accepted this offer when the Order has been processed, the resources printed and posted. We reserve the right to cancel any order for any reason and will refund you your money if we do so.
22.4 We aim to process and send out Your order as quickly as possible. This will usually be the same day, but it may take up to five days to process.
22.5 Please ensure that you check the address you have set up in PayPal as your postal address. We are not responsible for any orders sent to the wrong address, where you have not informed us of a change of address within 2 hours of placing your order.
22.6 If the resource(s) provided under the Product Service are not what You ordered or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at our contact address of the problem within 5 working days of the delivery of the service in question.
22.7 If You notify a problem to Us under clause 22.6 above, our only obligation will be, at Your option:
22.7.1 to make good any shortage or non-delivery;
22.7.2 to repair and resend any products that are damaged or defective.
22.8 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Us under this contract and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the relevant order.
22.9 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Services from our site. The importation or exportation of certain goods may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products under the service You purchase.
23. Forum Service
23.1 The forum service is subject to our Forum Community House Rules and our Forum Etiquette. Please note that a breach of either of these sets of rules is likely to result in the suspension of your service and an indefinite ban.
24. Create Service
24.1 The Twinkl Create service (hosted at www.twinkl.co.uk/create) is subject to these Terms and Conditions and in an addition the following conditions shall apply to this service:
24.1.1 Twinkl makes available the Create Service to You upon payment of a fee as specified from time to time on the Website.
24.1.2 In accordance with the general Terms and Conditions, Your User and Premium/Create account username and password will not be shared with anyone.
24.1.3 Your use of the Create service is a request by You, to Us, to create a specified resource for You. We may decide to use the Create service to fulfill this request, but You may also assist Us by creating the resource yourself using the Create Service. In this regard, You understand that by using the Create service, You are producing products for Twinkl Ltd and not for your own personal use. Once your product has been created, we may, at our discretion, allow You to access the resource after our approval.
24.1.4 In accordance with our Copyright Terms, You will not redistribute any resources created through the Create Service.
24.1.5 You have explicitly read and agree to abide by the Twinkl Copyright Terms.
24.1.6 All resources you produce through the Create service are the ownership of Twinkl Ltd absolutely and you further consent to Clause 7.2 of these Terms and Conditions.
24.1.7 You agree that a breach of any of the general Terms and Conditions will lead to Your access to the Create Service being immediately suspended. It is at Twinkl's absolute discretion as to whether Your account will be reinstated.
24.1.8 You understand and agree that we will monitor Your usage of the Service to allow us to determine whether a violation has, or is, occurring.
24.1.9 Due to the electronic nature of the subscription, you understand and agree that we are unable to offer refunds under any circumstance.
25. We Pay You Service
25.1 The We Pay You Service (hosted at www.twinkl.co.uk) is subject to these Terms and Conditions and in an addition the following conditions shall apply to this service:
25.1.1 Twinkl makes available the We Pay You Service to You for the purposes of You selling Your teaching resources to Us as specified from time to time on the Website.
25.1.2 The We Pay You Service allows You to sell your resource(s) (the “Resources”) to us, and for Us to provide You with payment in the form of either a fee or account credit in consideration for the material you have provided to Us.
25.1.3 Your uploading of the Resources to us is technically an Offer from You, to Us to sell the Resources you have uploaded for the fee or credit specified by Us. We will deem to have accepted Your offer when the credit is applied, or fee paid to You.
25.1.4 Given the bargain reached and described in 25.1.3 You understand that by using the We Pay You Service, You are selling Your Resources to Twinkl Ltd and You therefore assign all applicable rights in the resource to Twinkl Limited all applicable rights. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Twinkl Limited, including the execution of deeds and documents, at our request.
25.1.5 You represent and warrant that you own or otherwise control all of the rights to the Resources and can grant the rights set out above. You represent, warrant and undertake that: (i) the work submitted is your own (ii) the Resources will not infringe the rights of any third parties (including that the Resources or material is not defamatory); and (iii) you have obtained all rights and consents that are necessary for you to provide the Resources; and (iv) you will immediately remove and notify us of any Resources that does not does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify Twinkl Limited for all claims brought by a third party against Twinkl Limited in respect of infringement of that third party's intellectual property rights or arising out of or in connection with a breach of any of these warranties.
25.1.6 All credits or fees provided by Us to You are made entirely at the sole discretion of Twinkl Limited.
26. Intellectual property
26.1 The contents of the Website is protected by international copyright laws and other intellectual property rights. The owner of these rights is Twinkl Limited or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners including us.
26.2 Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of Twinkl Limited.
27.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from You to Us must be in writing and sent to our contact address at Twinkl Limited, Wards Exchange, 195-199 Ecclesall Road, Sheffield, S11 8HW, United Kingdom.
27.2 Notices from Us to You may be in writing or electronic format (to include both email and notice via the Website).
28.1 If any part of these Terms and Conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
30. Third party rights
30.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
31. Entire agreement
32.1 No delay or failure by Twinkl to exercise any of its powers, rights or remedies under this agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.
33. Governing law
33.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
33.2 Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales and You hereby consent to this jurisdiction.
34. Twinkl School Premium
34.1 Twinkl School Premium accounts are also subject to our Schools Terms and Conditions.