BEYOND THE CLASSROOM DOOR - MOBILE APP TERMS AND CONDITIONS
Welcome to the Beyond the Classroom Door app (the App). These terms and conditions (Terms) set out the agreement between you and Beyond the Classroom Door Limited (Company No. 17414117) (we, us or our) when you download, access or use the App. Please read them carefully. By creating an account or using the App, you confirm that you accept these Terms and agree to be bound by them.
If you do not agree to these Terms, please do not download, access or use the App.
You can contact us at any time by emailing theteam@beyond-the-classroom-door.com. Our registered office is at 66 Paul Street, London, England, United Kingdom, EC2A 4NA.
1 ABOUT THESE TERMS AND WHO CAN USE THE APP
1.1 The App
The App is designed to support parents and carers during a child's first (reception) year at school. It provides weekly, phased content and articles about what a child may be experiencing or learning at each stage of the reception year.
1.2 Who can use the App
To use the App you must:
(a) be at least 18 years old; and
(b) have the legal capacity to enter into a binding agreement with us.
1.3 Children must not create accounts
The App is intended for adults only. Children must not create an account or use the App directly. You are responsible for ensuring that any device on which the App is installed is not used by a child to access your account.
2 YOUR ACCOUNT
2.1 Registering
To access the App's content you need to create an account. When you register you will provide your name and email address, and choose your child's reception start date (and, if you wish, notify us of the relevant half-term and holiday dates) so that we can time the content to your child's school year. When you register, you must:
(a) provide accurate, current and complete information; and
(b) keep your account details up to date.
2.2 Information about your child
We only ask for your child's term start dates and, optionally, term vacation dates, so we can tailor the timing of content. We do not ask for, and you should not enter or send us, any personal details about your child (such as their name, school or any information about their health, needs or development). The App has no upload capability. If you do send us information you should not (such as personal details about your child), we may delete it, and our Privacy Policy explains how we handle any such data.
2.3 Keeping your account secure
You are responsible for your account. This means you must:
(a) keep your login details confidential and not share them with anyone;
(b) take reasonable steps to prevent unauthorised access to your account; and
(c) tell us promptly at theteam@beyond-the-classroom-door.com if you think someone has accessed your account without your permission.
3 MEMBERSHIP TIERS AND CONTENT
3.1 Free and paid memberships
We offer:
(a) a free membership, which gives you access to certain pages and features that are available at all times; and
(b) a paid subscription membership, on a monthly or annual basis, which unlocks the full library of content.
3.2 How content is provided
Much of the App's content is phased over the school year. This means content is released to you week by week as your child progresses through their reception year, rather than being available all at once. The pace and timing of content is based on the reception start date and any term dates you provide. Some pages remain available to you at all times.
3.3 Changes to content
We may update, add to or remove content from time to time to keep it useful and current. We will not materially reduce the core content you have paid for during a subscription period you have already paid for, except where we need to do so for legal reasons or to fix an error.
4 IMPORTANT: NATURE OF OUR CONTENT AND DISCLAIMERS
4.1 General information only
All content in the App is provided for general information and support purposes only. Every child is different, and children develop at their own pace. The content describes what a child in reception may generally be feeling, learning or experiencing. It is not tailored to your individual child and may not reflect your child's actual situation, feelings, learning or development.
4.2 Not a substitute for your child's teacher or professional advice
(a) The App does not provide, and must not be treated as a substitute for:
(i) advice, assessment or support from your child's teacher, school or any other education professional;
(ii) medical, psychological, developmental, safeguarding or other professional advice; or
(iii) any decision that should properly be made in consultation with your child's school or a qualified professional.
(b) Suggested questions for teachers or parent meetings are prompts only. They do not replace speaking directly to your child's teacher or school, and you should always raise any concern about your child directly with them or with an appropriate professional.
4.3 No reliance and no guaranteed outcomes
We do not warrant that any content is suitable for your personal circumstances, and you should not rely on it as if it were personal advice. We make no promise about any particular result or outcome for your child. Any action you take based on the content is at your own discretion and risk. Nothing in this clause limits your non-excludable rights under consumer law or our liability for death or personal injury caused by our negligence, or for fraud.
5 FEES, SUBSCRIPTIONS AND AUTO-RENEWAL
5.1 Prices and payment
The current prices for paid memberships are shown in the App and on the applicable app store before you subscribe. Prices are in pounds sterling (GBP) and include VAT where applicable. Paid subscriptions are purchased through the Apple App Store or Google Play, and payment is taken by that app store using the payment method linked to your app store account. Your subscription may be managed on our behalf using a third-party subscription management provider.
5.2 Auto-renewal
Paid subscriptions renew automatically so that your access continues without interruption:
(a) a monthly subscription renews each month, and an annual subscription renews each year, at the then-current price;
(b) the applicable app store will charge the renewal fee within the period set out in the app store's rules (usually within 24 hours before the end of the current period) unless you cancel first; and
(c) before an annual subscription renews, we (or the relevant app store) will send you a reminder before the renewal date, so that you have time to cancel if you do not wish to continue.
5.3 Cancelling
You can cancel a paid subscription at any time:
(a) you cancel through your Apple App Store or Google Play account settings, not through us directly, because the app store manages your subscription and billing;
(b) if you cancel, your paid access continues until the end of the period you have already paid for, and it will not renew after that; and
(c) the same approach applies to both monthly and annual subscriptions.
5.4 Price changes
We may change our subscription prices from time to time. Any change will only take effect from your next renewal, and we (or the relevant app store) will give you notice in advance in accordance with the app store's rules and applicable law, so that you can cancel before the change takes effect if you do not wish to continue.
6 YOUR RIGHT TO CHANGE YOUR MIND AND REFUNDS
6.1 your cancellation right
You have a legal right to change your mind and cancel your subscription within 14 days of purchase under the Consumer Contracts Regulations. The 14 days shall commence from the date your paid subscription starts.
6.2 Refunds through the app store
As purchases are made through the Apple App Store or Google Play, refund requests are generally handled by the relevant app store in accordance with its own refund policies. Please contact the app store directly to request a refund. This does not affect your non-excludable rights under consumer law, including your rights if the App or content is faulty or not as described.
6.3 Your consumer rights against us
Separately from any app store process, if the App or content is faulty or not as described, you have statutory remedies under the Consumer Rights Act 2015 that you can bring directly against us. In that situation we may issue or facilitate a refund, repair or replacement as appropriate, in addition to any app store route. If you have a problem, please contact us at theteam@beyond-the-classroom-door.com and we will try to help.
7 ACCEPTABLE USE
You agree to use the App only for your own personal, non-commercial purposes as a parent or carer, and you must not:
(a) copy, reproduce, distribute, publish or share the content with anyone else, or use it for any commercial purpose;
(b) attempt to gain unauthorised access to the App, our systems or another user's account;
(c) introduce any virus, malware or other harmful material, or otherwise interfere with the proper working of the App;
(d) reverse engineer, decompile or attempt to extract the source code of the App, except to the extent the law allows; or
(e) use the App in any way that is unlawful, fraudulent or harmful, or that breaches these Terms or the rules of the relevant app store.
8 LICENCE TO USE THE APP
We grant you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on any device that you own or control, for your own personal use, in accordance with these Terms and the rules of the relevant app store. This licence continues while your account and paid subscription is active and ends if your account or subscription is cancelled.
9 INTELLECTUAL PROPERTY
We (or our licensors) own all intellectual property rights in the App and all content within it, including text, articles, graphics, design and the name Beyond the Classroom Door. Nothing in these Terms transfers any of those rights to you. Except for the limited licence in clause 8, you may not use our intellectual property without our prior written permission.
10 APP STORES AND THIRD-PARTY SERVICES
10.1 App store terms
You obtain the App through the Apple App Store or Google Play, and your use is also subject to that store's terms and rules. If there is any conflict between these Terms and the relevant app store's rules on payment, refunds or in-app subscriptions, the app store's rules will apply to those matters. The app stores are not responsible for the App or its content, and are not party to these Terms.
10.2 Third-party services
We use third-party services to run the App, including subscription management, analytics and hosting. Those services are provided by third parties under their own terms, and we are not responsible for them beyond our own obligations to you. How these providers handle any personal data is explained in our Privacy Policy.
11 AVAILABILITY OF THE APP
We try to keep the App available and working properly, but we do not guarantee that it will always be available or uninterrupted. We may suspend, withdraw or restrict all or part of the App for business or operational reasons, including to carry out maintenance or updates. We will try to give you reasonable notice of any planned suspension where we can.
12 OUR LIABILITY TO YOU
12.1 What we do not exclude
Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of your legal rights in relation to the App and content, including the right to receive services and digital content with reasonable care and skill and as described; or
(d) any other liability that cannot be excluded or limited under the law of England and Wales.
12.2 What we are responsible for
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms or of our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time you accepted these Terms, both we and you knew it might happen. Our liability to you under these Terms is capped at the fees you have paid to us for the App in the 12 months before the event giving rise to the liability, subject always to clauses 12.1 and 12.3.
12.3 What we are not responsible for
The App is provided for personal use. We are not liable for any business losses, and (subject to clause 12.1) we are not liable for any loss arising from your reliance on the content, given that it is general information only and not a substitute for advice from your child's teacher, school or a professional, as set out in clause 4.
13 SUSPENDING OR ENDING YOUR ACCESS
13.1 Ending by you
You may stop using the App and close your account at any time. If you have a paid subscription, please also cancel it through the relevant app store as described in clause 6 (Your right to change your mind) to avoid any subscription renewals.
13.2 Ending or suspending by us
We may suspend or end your access to the App if you seriously or repeatedly breach these Terms, or if we reasonably need to for legal, security or operational reasons. Where it is fair and practical to do so, we will give you notice first. If we end your paid access other than because of your breach, we will refund any fees you have paid for a period you can no longer use the App.
14 CHANGES TO THESE TERMS
We may update these Terms from time to time, for example to reflect changes to the App, to our subscription arrangements, or to the law. If we make a significant change, we will let you know through the App or by email. If you do not agree to a change, you can stop using the App and cancel any paid subscription. Continuing to use the App after a change takes effect means you accept the updated Terms.
15 PRIVACY AND DATA
We take your privacy seriously. We collect only limited personal data about you (such as your name, email address and the reception and term dates you enter). Our Privacy Policy [link] explains what we collect, how we use it, how we use cookies and similar technologies, the third-party processors we use, and how we handle any transfer of data outside the UK. Please read it alongside these Terms.
16 GENERAL
16.1 Transferring this agreement
We may transfer our rights and obligations under these Terms to another organisation, and we will tell you if this happens. This will not affect your rights under these Terms. You may not transfer your rights or obligations under these Terms to anyone else.
16.2 If a court finds part of these Terms unlawful
Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful, including if any changes to legislation or regulations limit the enforceability of any clauses of these Terms, the remaining clauses will remain in full force and effect.
16.3 Delay in enforcing these Terms
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things, and it will not prevent us taking steps against you at a later date.
16.4 Third-party rights
These Terms are between you and us. No other person has any rights to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999, except that the relevant app store may enforce clause 10 (App stores) and third-party services in relation to itself.
16.5 Governing law and jurisdiction
These Terms are governed by the law of England and Wales. You and we both agree that the courts of England and Wales have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms, except that if you live in Scotland or Northern Ireland you may bring proceedings in your local courts.
2 HOW TO CONTACT US
If you have any questions, concerns or complaints about the App or these Terms, please contact us at theteam@beyond-the-classroom-door.com or via our website www.beyond-the-classroom-door.com We will do our best to help.