Teach It Outside

Find Your Perfect Outdoor Lesson Plan

Discover > Grow To School

Website Terms of Sale

Last revised on 19th November 2024

BACKGROUND:

These Terms of Sale set out the terms and conditions on which we sell subscription services to access digital content through our website, www.teachitoutside.com (“Our Site”).  We use the term “Subscription” to mean a subscription to Our Site which provides access to digital content sold through Our Site, which we refer to as “Paid Content”.

Why you should read these Terms of Sale:

These Terms of Sale tell you who we are, how we will provide our services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription.  You will be required to read and accept these Terms of Sale when ordering a Subscription.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Paid Content through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

Are you a business customer or a consumer?

In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  • You are an individual.
  • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession (including for your educational establishment)).

Provisions specific to consumers and those specific to businesses is made clear at the beginning of the provision.

Other Terms which may apply to you

These Terms of Sale refer to the following additional terms, which also apply to your use of Our Site:
Our Terms of Use which include Our Acceptable Use Policy
Our Cookie Policy
Our Privacy Policy

Business customers only: Entire Agreement

If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

  1. Information About Us
    1. Our Site, www.teachitoutside.com is owned and operated by Grow to School CIC. We are a limited company registered in England and Wales under company number 8390034. Our main trading address is LG12, Brian Jackson House, New North Parade, Huddersfield, HD1 5JP.
    2. We are regulated by the Council for Learning Outside, the Classroom Quality Badge.
    3. We use “We” and “Us” and “our” to mean Grow to School CIC, the owner of Our Site.
  2. Contacting Us and how we may contact you
    1. If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 07710084388 by email at info@teachitoutside.com, or by post at LG12, Brian Jackson House, New North Parade, Huddersfield, HD1 5JP
    2. For matters relating the Paid Content or your Subscription, please contact Us by telephone at 07710084388 by email at info@teachitoutside.com or by post at LG12, Brian Jackson House, New North Parade, Huddersfield, HD1 5JP
    3. For matters relating to cancellations, please contact Us by telephone at 07710084388 by email at info@teachitoutside.com or by post at LG12, Brian Jackson House, New North Parade, Huddersfield, HD1 5JP or refer to the relevant Clauses above.
    4. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to Us in your order.
    5. “Writing” includes emails. When We use the words “writing” or “written” in these terms, this includes emails.
  3. Age Restrictions
    Consumers may only purchase Subscriptions and access Paid Content through Our Site if they are at least eighteen (18) years of age.
  4. Subscriptions, Paid Content, Pricing and Availability
    1. We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that you will receive. This does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies.  Please see Clause 9 if your Subscription or the Paid Content is incorrect.
    2. We may from time to time change Our prices.  Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. If your Subscription renews automatically, We will inform you of any change in price at least thirty (30) days before the change is due to take effect.  If you do not agree to such a change, you may cancel the Contract as described in Clause 11.1.
    3. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues.  These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content.  However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
    4. In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content or these Terms of Sale.  If We do so, We will notify you.  If you do not agree to the changes, you may cancel the Contract as described in Clause 11.1.
    5. Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content.  Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
    6. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  Changes in price will not affect any order that you have already placed (please see Clause 4.10 regarding VAT, however).
    7. All prices are checked by Us before We accept your order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your order, we will simply charge you the lower amount and continue processing your order.  If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it).  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within fourteen (14) days[A2] , We will treat your order as cancelled and notify you of this in writing. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the Contract, refund you any sums you have paid and require the return of any content provided to you.
    8. If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  You may, however, have the right to cancel the Contract if this happens.  If We inform you of such an error and you do wish to cancel the Contract, please see Clause 11.4.
    9. If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.
    10. All prices on Our Site include VAT.  If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
  5. Orders – How Contracts Are Formed
    1. No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an email accepting and confirming your purchase of a Subscription. This is referred to as a “Subscription Confirmation”.  Only once We have sent you a Subscription Confirmation will there be a legally binding contract between Us and you (the “Contract”).
    2. Our Site will guide you through the process of purchasing a Subscription.  Before completing your purchase, you will be given the opportunity to review your order and amend it.  Please ensure that you have checked your order carefully before submitting it.
    3. If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
    4. Subscription Confirmations shall contain the following information:
      1. Your Subscription ID, which is the reference number for your Subscription;
      2. Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
      3. Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
      4. The duration of your Subscription (including the start date, and the expiry and/or renewal date); and
      5. Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content; please see Clause 10.1.
    5. If you wish to make a change to the service you have ordered please contact Us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Subscription or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
    6. In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within fourteen (14) calendar days of the day on which the event triggering the refund occurs.
    7. Refunds will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.
  6. Payment
    1. Payment for Subscriptions must always be made in advance.  Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation. This usually occurs on the same day but can take up to five (5) business days and you will be shown a message confirming your payment. You must pay for your Subscription before accessing or downloading the Paid Content.
    2. We only accept payment on Our Site through our third party payments provider(s).
    3. We may suspend provision of the Paid Content if We do not receive payment on time from you.  We will remind you of the non-payment on the due date, however if you do not make payment within fourteen (14) days [A4] of Our reminder, We may suspend provision of the Paid Content until We have received all outstanding sums due from you.  If We do suspend provision of the Paid Content, We will inform you of the suspension.  You will not be charged for any Paid Content while provision is suspended. If you are a business, We can also charge you interest on your overdue payments; see Clause 6.7.
    4. If you believe that We have charged you an incorrect amount, please contact Us at info@teachitoutside.com as soon as reasonably possible to let us know.  You will not be charged for Paid Content while availability is suspended.
    5. Credit and debit card details are not stored nor shared with third parties. Our payment transactions are processed via Stripe or other secure third party payment providers and We encourage you to read the terms and conditions for any financial transactions with the relevant company.
    6. Business customers only: If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    7. Business customers only: If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  7. Provision of Paid Content
    1. Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you or we end the Contract. If the product is a one-off purchase of Paid Content, We will make the Paid Content available for download by you as soon as we send you your Subscription Confirmation or other one-off purchase confirmation.
    2. When you place an order for a Subscription, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately. If you are a consumer, you will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”). Please see Clause 10.1 for more information.
    3. In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
      1. To fix technical problems or to make necessary minor technical changes;
      2. To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
      3. To make more significant changes to the Paid Content.
    4. If We need to suspend availability of the Paid Content for any of the above reasons, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension). You will not be charged while availability is suspended and your Subscription will be extended by a period equivalent to the length of the suspension. If the suspension lasts (or We tell you that it is going to last) for more than thirty (30) days, you may end the Contract as described below in Clause 11.2.
    5. We are not responsible for delays outside Our control. If Our supply of the Subscription is delayed by an event outside our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this we will not be liable for delays caused by the event, but if there is a risk of significant delay you may contact us to end the Contract and receive a pro rata refund for any Subscription you have paid for but not received.
    6. Any refunds under this Clause 7 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
    7. Refunds under this Clause 7 will be made using the same payment method that you used when purchasing your Subscription.
  8. Licence
    1. When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, educational and non-commercial purposes, for the duration of the Subscription only.  The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties) and you acknowledge that all Paid Content remains the property of Us (or third parties).
    2. The licence granted to you under this Clause 8 is subject to the following usage restrictions and/or permissions:
      1. You may not edit, copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).
  9. Problems with the Paid Content
    1. This Clause applies to consumers only: By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described.  If any Paid Content available through your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem.  Your available remedies will be as follows:
      1. If the Paid Content has faults, you will be entitled to a repair or a replacement.
      2. If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
      3. If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    2. Please note that We will not be liable under this Clause 9 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
    3. Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.
    4. Refunds under this Clause 9 will be made using the same payment method that you used when purchasing your Subscription.
    5. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  10. Cancelling Your Subscription
    1. This Clause applies to consumers only:
    2. If you purchase a Subscription by mistake (or allow your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided you have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
    3. If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation using the contact details set out below.  Cancellation by email or by post is effective from the date on which you send Us your message.
      1. Telephone: 07710084388;
      2. Email: info@teachitoutside.com;
      3. Post: Room LG12, Brian Jackson House, New North Parade, Huddersfield, HD1 5JP

        In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
    4. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
    5. Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel. If you are a business customer, refunds will be processed as soon as possible.
    6. Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription.
  11. Your Other Rights to End the Contract
    1. You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content (as described in Clauses 4.3 or 4.5), or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription.  If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.
    2. If We have suspended availability of the Paid Content for more than thirty (30) days, or We have informed you that We are going to suspend availability for more than thirty (30) days, you may end the Contract immediately, as described in Clause 7.4. If you end the Contract for this reason, We will issue you with a pro rata refund. We may deduct from any refund an amount for the supply of the Paid Content for the period for which it was supplied, ending with the time when you told us you wish to end the Contract. The amount will be in proportion to what has been supplied, in comparison with the full Subscription duration.
    3. If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately. Please see Clause 7.5.
    4. If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a pro rata refund.
    5. You also have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
    6. Refunds under this Clause 11 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
    7. If you wish to exercise your right to cancel under this Clause 11, please contact Us using the following details:
      1. Telephone: 07710084388;
      2. Email: info@growtoschool.com;
      3. Post: Room LG12, Brian Jackson House, New North Parade, Huddersfield, HD1 5JP;

        In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
  12. This applies to consumers only: Our Liability to Consumers
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our failure to comply with these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our failure to comply with these Terms of Sale or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    2. Our Paid Content is intended for educational and non-commercial use only.  We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
    3. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  13. This applies to business customers only: Our liability to business customers
    1. Nothing in these Terms of Sale shall limit or exclude our liability for:
      (a)  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      (b)  fraud or fraudulent misrepresentation; or
      (c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Subject to Clause 13.1, We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.
  14. Disclaimer
    1. You are responsible for carrying out all health and safety and other risk assessments and for ensuring that the Paid Content meets your specific requirements, including the educational and safety needs of your learners. We do not accept any responsibility for the results of any action taken on the basis of the information provided on Our Site or available through the Paid Content. We give no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the Paid Content for any particular purpose.
    2. Our Paid Content and the information provided on Our Site is intended for use by UK-based educational institutions only. We do not warrant or represent that our Paid Content or any information available on or through Our Site is appropriate for use or available in other locations.
  15. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      1. In writing, addressed to Ama Chaney
      2. By email, addressed to Managing Director Grow to School CIC ama@growtoschool.co,uk; or
      3. By contacting Us by telephone on 07710084388.
  16. How We Use Your Personal Information (Data Protection)
    We will only use your personal information as set out in Our Privacy Policy, and Cookie Policy.
  17. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
    3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
    4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
    6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them [A9] (also see Clause 11.1 above).
  18. Law and Jurisdiction
    1. These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) are governed by the laws of England and Wales.
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Section 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer you and We both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute, controversy, proceedings or claim except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
    4. If you are a business customer, any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.