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Terms of Service
Last Updated: December 23rd 2017

Welcome, and thank You for Your interest in theeverlearner.com, which operates the website located at http://www.theeverlearner.com and related mobile applications and services (the “Website”). The following Terms of Service are a legal contract between You -an individual subscriber, customer, member, or user (“You”)- and The EverLearner Ltd, a registered business operating in the UK regarding Your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE Website, You ACKNOWLEDGE THAT You HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS and conditions, INCLUDING any ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”).

IF You ARE A PARENT OR GUARDIAN AND You PROVIDE CONSENT FOR YouR CHILD TO REGISTER WITH THE WEBSITE, You AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

Table of Contents:
Terms and conditions
1. Eligibility for Accounts. 2. Privacy Notice. 3. Modification of the Terms. 4. Account Types. 5. User Content License Grant; Representations and Warranties. 6. Licensed Educational Content. 7. Prohibited Conduct. 8. Fees; Payments and Billing. 9. Third-Party Sites, Products and Services; Links. 10. Ownership; Proprietary Rights. 11. Termination. 12. Indemnification. 13. Disclaimers; No Warranties. 14. Limitation of Liability and Damages. 15. Miscellaneous (including Dispute Resolution and Arbitration). Privacy Policy 16. Introduction to our data policies and GDPR Compliance. 17. What is The EverLearner Ltd?. 18. Data Protection Officer. 19. GDPR Internal Training Policy. 20. Why do we collect data? 21. When do we collect personal data? 22. Legitimate interests. 23. Our vision. 24. Our interests. 25. Your interests. 26. Data Protection Policy. 27. Retention of Records Policy. 28. The Right to be Forgotten. 29. Complaints Procedure. 30. Data Portability Policy. 31. Consent Notice. 32. Data Protection Impact Assessment. Cookies Policy
Terms:
1. Eligibility for Accounts.
The Website is not available to any Users previously suspended or removed from the Website by theeverlearner.com. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by theeverlearner.com, (b) that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian or teacher has consented to Your use of the Website; and (c) that Your registration and Your use of the Website is in compliance with any and all applicable laws and regulations.
1.1 Account.
In order to use certain features of the Website, You must register for an account. You may be asked to provide a password in connection with Your account. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to theeverlearner.com, whether on registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorised disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify theeverlearner.com. You may be liable for the losses incurred by theeverlearner.com or others due to any unauthorised use of Your Website account.
1.2 Authentication Service.
theeverlearner.com may permit You to register for the Website through certain third party social networking services, such as Facebook Connect and Google (“Authentication Service”). By registering for the Website using an Authentication Service, You agree that theeverlearner.com may access Your account information from the Authentication Service and You agree to any and all terms of use of the Authentication Service regarding Your use of the Website via the Authentication Service. You agree that any Authentication Service is a Reference Site (as defined below) and You are solely responsible for Your interactions with the Authentication Service as a result of accessing the Website through the Authentication Service.
1.3 Child Member.
If You are a User of the Website that is under the age of 13 (“Child Member”), You may not register an account for the Website without consent and approval from Your legal parent or guardian. A Child Member that begins the registration process for himself or herself without a Parent Member may have the registration process restricted until a Parent Member, or a Coach (as defined below) as the case may be, approves or assumes responsibility for the Child Member account. Additionally, a Child Member may use the Website if registered through certain educational organisations that have entered into a relationship directly with theeverlearner.com and through which educational organisation the legal parent and/or guardian of such Child Member has consented to use of the Website. A Child Member that has registered through such external educational organisations will only be permitted to use the Website for so long as theeverlearner.com reasonably believes that such access has been consented by the Child Member’s parent of guardian.
1.4 Parent Member.
If You are at least 18 years of age and You are the legal parent or guardian of a child that seeks to register as a Child Member of the Website, You may register a parent account on the Website (“Parent Member”). If You are a Parent Member You may create, register, manage and approve Child Member accounts only for Your own children, or children for whom You are a legal guardian. A Parent Member account, along with all associated Child Member accounts, may be terminated by theeverlearner.com at any time and without warning for any failure to abide by these Terms. IF You REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD MEMBER, You REPRESENT AND WARRANT THAT You ARE SUCH CHILD MEMBER’S LEGAL PARENT OR GUARDIAN AND You AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD MEMBER, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD MEMBER. You acknowledge that theeverlearner.com may choose, but is not obligated, to make any inquiries, either directly or through third parties, that theeverlearner.com deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. theeverlearner.com reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, You ACKNOWLEDGE THAT theeverlearner.com CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND theeverlearner.com IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT MEMBER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD MEMBER OR A COACH DURING REGISTRATION IS SUCH CHILD MEMBER’S ACTUAL PARENT OR GUARDIAN.
2. Privacy Notice
Your privacy is important to theeverlearner.com. theeverlearner.com’s Privacy Policy is hereby incorporated into the Terms by reference. Please read this Privacy Policy carefully for information relating to theeverlearner.com’s collection, use, and disclosure of Your personal information.
3. Modification of the Terms.
theeverlearner.com reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to the Terms, theeverlearner.com will make reasonable effort to provide notice to You of such amended Terms, such as by an email notification to the address associated with Your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) Your actual notice of such changes and (ii) thirty days after theeverlearner.com makes reasonable attempt to provide You such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
4. Account Types.
4.1 theeverlearner.com provides different account types to students, teachers, coaches and to parents/carers.
4.2 The categories of accounts may not overlap. Only a student can hold a student account, a teacher hold a teacher account and so on.
4.3 It is strictly prohibited for teachers to hold student accounts on theeverlearner.com unless given express permission in writing. Teachers are not permitted to purchase student accounts, access student accounts, broadcast, share or transmit the content of student accounts or share student accounts with any other individual. Any of these actions will result in the immediate suspension of the account with no recourse for refund. All users will be prompted to confirm that they are an individual student if the user selects this purchase option. If any teacher chooses to click yes to being an individual student they should expect their account to be deleted without notice and for no refund to be due.
5. User Content License Grant; Representations and Warranties.
5.1 User Content Generally.
theeverlearner.com may now or in the future permit the posting by You and other users of notes, questions, comments, ratings, reviews, images and videos or other communications (collectively, “User Postings”). You understand that whether or not such User Content is published, theeverlearner.com does not guarantee any confidentiality with respect to any submissions.
5.2 License Grant to theeverlearner.com
By submitting or distributing User Content through the Website, You hereby grant to theeverlearner.com a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, adapt, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit Your User Content, under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
5.3 License Grant to Users.
By submitting or distributing User Postings through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use Your User Postings.
5.4 User Content Representations and Warranties.
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing Your User Content to or through the Website, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize theeverlearner.com and theeverlearner.com’s Users to use and distribute Your User Content as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by theeverlearner.com and these Terms of Service; (2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. theeverlearner.com reserves all rights and remedies against any User who violates these Terms of Service.
5.5 User Content Disclaimer.
You understand that when using the Website You will be exposed to User Content from a variety of sources, and that theeverlearner.com is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against theeverlearner.com with respect thereto. theeverlearner.com does not endorse any User Content or any opinion, recommendation or advice expressed therein, and theeverlearner.com expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to the Terms, including without limitation allegations of infringement of third-party intellectual property or proprietary rights, theeverlearner.com may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice or liability to You. For clarity, theeverlearner.com does not permit copyright, trademark, or other intellectual property infringing activities on the Website. theeverlearner.com respects the intellectual property of others and takes the protection of copyrights, trademarks, and all other intellectual property very seriously, and asks that Users do the same.
6. Licensed Educational Content.
6.1 License.
Unless indicated as being in public domain, all educational videos and exercises provided on the Website by theeverlearner.com (the “Educational Content”) and all educational, user-readable source code made available to You by theeverlearner.com. Unless otherwise indicated, all Educational Content is the property of theeverlearner.com.
6.2 Restrictions.
The Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, the Educational Content may not be used, distributed, communicated or broadcast or otherwise exploited for “commercial advantage or private monetary compensation” unless otherwise agreed in writing by theeverlearner.com. This restriction includes the broadcasting of the educational content within a classroom. The following are types of uses that theeverlearner.com expressly defines as falling outside of the definition of “non-commercial”:
. (a) the sale or rental of (i) any part of the Educational Content, (ii) any derivative works based at least in part on the Educational Content, or (iii) any collective work that includes any part of the Educational Content;
. (b) the sale of access or a link to any part of the Educational Content without first obtaining informed consent from the buyer that the buyer is aware that the Educational Content, or such part thereof, is available at the Website free of charge;
. (c) providing training, support, or editorial services that use or reference the Educational Content in exchange for a fee; and
. (d) the sale of advertisements, sponsorships, or promotions placed on the Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Educational Material, including without limitation any “pop-up advertisements”.
6.3 Non-Commercial Use.
Whether a particular use of the Educational Content is “non-commercial” depends on the use, not the user. . (a) As an example, a for-profit corporation’s use of the Educational Content for internal professional development or training of employees is permitted, so long as the corporation charges no fees, directly or indirectly, for such use.
. (b) As another example, a non-profit entity’s use of the Educational Content in connection with a fee-based training or educational program is NOT “non-commercial” and is not permitted.
6.4 Crediting theeverlearner.com.
You are required to attribute to theeverlearner.com in association with Your use of the Educational Content. Accordingly, if You distribute, publicly perform or display, transmit, publish, or otherwise make available any Educational Content, You must also provide the following notice prominently along with the Licensed Educational Content: “All theeverlearner.com content is available for free at www.theeverlearner.com.org”
7. Prohibited Conduct.
BY USING THE WEBSITE You AGREE NOT TO:
7.1 use the Website or any related services, including any theeverlearner.com API, for any commercial use or purpose unless expressly permitted by theeverlearner.com in writing.
7.2 use the Website for any purposes other than to disseminate or receive original or appropriately content and/or to access the Website as such services are offered by theeverlearner.com;
7.3 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 11, below);
7.4 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
7.5 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
7.6 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Website, or perform any other similar fraudulent activity;
7.7 assert, or authorize, assist, or encourage any third party to assert, against theeverlearner.com or any of its affiliates or licensors, any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content, or User Content You have used, submitted, or otherwise made available on or through the Website;
7.8 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
7.9 use the Website for any illegal purpose, or in violation of any local, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
7.10 defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent;
7.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Educational Content, or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Educational Content, or User Content;
7.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
7.13 modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the extent expressly permitted by theeverlearner.com herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
7.14 intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
8. Fees; Payments and Billing.
8.1 Fees
theeverlearner.com may now, or in the future, charge fees for access to and use of the Website, or certain features thereof (“Fees”). You agree to pay all Fees and charges specified for such features. All Fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and You are solely responsible for the payment of any such taxes that may be imposed on Your use of the Website.
8.2 Payment Methods.
To use theeverlearner.com service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. Following any update, you authorise us to continue to charge the applicable Payment Method(s). You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
8.3 Credit Card Authorization.
If theeverlearner.com permits You to use a credit card to activate pay for any Fees related to the Website, You will be asked to provide theeverlearner.com with a credit card number from a card issuer that we accept. theeverlearner.com may seek pre-authorization of Your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover Your purchase. These pre-authorizations will reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your credit card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement.
8.4 Changes in Price and Subscription Plans.
We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.
8.5 Cancellation.
You can cancel your subscription to theeverlearner.com at any time. You can choose to cancel immediately (in which case your account will be cancelled with immediate effect and no money will be reimbursed) or to cancel at the end of the current billing period (in which case you will continue to have access to the service through the end of your current billing period). To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-month membership periods or non-completed courses. To cancel your subscription, log into your account and go to your profile. To see when your account will close, look at the Billing details on your profile page.
8.6 Billing Cycle.
Monthly subscription: The subscription fee for theeverlearner.com service and any other charges such as taxes will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit theeverlearner.com, log in and go to your profile to manage your subscription or see your next payment date.
Annual subscription: The subscription fee for theeverlearner.com service and any other charges such as taxes will be charged on a yearly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your subscription. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit theeverlearner.com, log in and go to your profile to manage your subscription or see your next payment date.
9. Third-Party Sites, Products and Services; Links.
The Website may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). theeverlearner.com does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
10. Ownership; Proprietary Rights.
The Website is owned and operated by The EverLearner Ltd. The visual interfaces, graphics, design, compilation, information,, products, software, services, and all other elements of the Website provided by theeverlearner.com (the “Materials”) are, except for any User Content that are provided and owned by Users, the property of theeverlearner.com or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to theeverlearner.com or its affiliates and/or third-party licensors. Except as expressly authorized by theeverlearner.com, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials. theeverlearner.com reserves all rights to the Materials not expressly granted in the Terms.
11. Termination.
11.1 Termination by theeverlearner.com
You agree that theeverlearner.com, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with theeverlearner.com or Your use of the Website and remove and discard all or any part of Your account, User profile, and any User Content, at any time. theeverlearner.com may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of Your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that theeverlearner.com will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies theeverlearner.com may have at law or in equity. As discussed herein, theeverlearner.com does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
11.2 Termination by You.
Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of theeverlearner.com in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and Your account. You may terminate the Terms at any time by deleting Your login account with the Website and discontinuing use of any and all parts of the Website.
12. Indemnification.
You agree to indemnify, defend, and hold harmless theeverlearner.com, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“theeverlearner.com Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child Member associated with You if You are a Parent Member. theeverlearner.com reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify theeverlearner.com, and You agree to cooperate with theeverlearner.com’s defense of these claims. theeverlearner.com will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You also acknowledge that the exam performance of all students is the responsibility of the student not of theeverlearner.com. theeverlearner.com provides support for students but does not guarantee exam result success regardless of the quantity of use of the website as preparation.
13. Disclaimers; No Warranties.
13.1 No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, theeverlearner.com, and its affiliates, partners, LICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL WITH REGARDS TO THE WEBSITE. No advice or information, whether oral or written, obtained by You from theeverlearner.com or through the Website will create any warranty not expressly stated herein. You expressly acknowledge that, as used in this Section 14, the term theeverlearner.com includes theeverlearner.com’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
13.2 “As is” and “As available” and “With All Faults”.
You expressly agree that use of the Website is at Your sole risk. THE Website AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Content, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Website ARE PROVIDED on an “AS IS,” “AS AVAILABLE” AND “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.
13.3 Content.
theeverlearner.com, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, User Content, FUNCTIONS, or any other information OFFERED ON or through THE WEBSITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
13.4 Accuracy.
theeverlearner.com, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
13.5 Harm to Your Computer.
You UNDERSTAND AND AGREE THAT You use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE WEBSITE (INCLUDING RSS FEEDS) or any reference sites AT Your own DISCRETION AND RISK AND THAT You WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO Your property (including Your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.
14. Limitation of Liability and Damages.
14.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL theeverlearner.com OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YouR USE OF OR YouR INABILITY TO USE THE WEBSITE or any reference sites, OR ANY OTHER INTERACTIONS WITH theeverlearner.com, EVEN IF theeverlearner.com OR A theeverlearner.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO You. IN SUCH CASES, theeverlearner.com’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.2 Limitation of Damages.
IN NO EVENT WILL theeverlearner.com’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO You FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YouR USE OF THE WEBSITE OR Your interaction with OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY You, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE date of the claim OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
14.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY You BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN theeverlearner.com AND RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY reference sites.
14.4 Basis of the Bargain.
You ACKNOWLEDGE AND AGREE THAT theeverlearner.com HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN You AND theeverlearner.com, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN You AND theeverlearner.com. theeverlearner.com would not be able to provide the Website to You on an economically reasonable basis without these limitations.
15. Miscellaneous.
15.1 Notice.
theeverlearner.com may provide You with notices, including those regarding changes to the Terms, by email, regular mail or postings on the Website. Notice will be deemed given twenty-four hours after email is sent, unless theeverlearner.com is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
15.2 Waiver.
The failure of theeverlearner.com to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by theeverlearner.com.
15.3 Severability.
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
15.4 Assignment.
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by theeverlearner.com without restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
15.5 Survival.
Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 5 through 15.
15.6 Headings.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.7 Entire Agreement.
The Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and theeverlearner.com relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by theeverlearner.com as set forth in Section 4 above.
15.8 Claims.
You AND theeverlearner.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15.9 Disclosures.
The Website is hosted in the United Kingdom, and the services provided hereunder are offered by theeverlearner.com: info@theeverlearner.com


theeverlearner.com Privacy Policy:
How The EverLearner Ltd handles your personal data is changing. In order to protect your personal data and to comply with the GDPR regulations of 2018, The EverLearner Ltd is notifying you of the changes we are making to our data protection protocols.
16 Introduction to our Data Policies and GDPR Compliance.
The EverLearner Ltd is fully compliant with the GDPR regulations of 2018.
The EverLearner Ltd reviews the information that follows on a regular 30-day cycle.
The EverLearner Ltd collects the following personal data about its users:
  • Forename and surname, including title (compulsory)
  • Email address (compulsory)
  • Telephone number (not compulsory)
  • Name and email of tutor (not compulsory)
  • Subgroup data such as SEN, FSM, PP etc… (not compulsory)
  • Profile picture (not compulsory)
This personal data is uploaded to the database by the School Administrator or Head of Department within a particular school. The EverLearner Ltd offers to support all school-based colleagues in this pursuit.
The EverLearner Ltd holds this data solely in the database of theeverlearner.com which is physically housed on two OVH SP-64 servers in London UK.
The EverLearner Ltd holds this personal data in no other formats except for individual cases such as downloading a user list for a school administrator.
The EverLearner Ltd never holds further physical copies of this personal data. Any processing of an individual’s personal data will be executed following the Information Security Policy.
The EverLearner Ltd guarantees to never share any personal data with any third parties.
The EverLearner Ltd guarantees to never sell personal data to any third parties.
The EverLearner Ltd guarantees to never send marketing emails to its users unless they have positively opted in.
The EverLearner Ltd never communicates directly with a school-aged student unless there is the presence of another adult. For example, The EverLearner Ltd will always copy an email communication with a student user to either another member of the team or to the teacher/guardian of the student.
The EverLearner Ltd guarantees to always maintain high levels of security relating to users’ personal data. Specific policies and procedures are detailed across our privacy information that follows.
17 What is The EverLearner Ltd?.
The EverLearner Ltd is an educational resource company that provides online and physical resources to schools and individual students.
The EverLearner Ltd provides its services primarily via theeverlearner.com platform and has previously provided services via mypeexam.org (now replaced).
Company registration:
Directors: James Simms and Marta Soteras Munt
18 Data Protection Officer.
The nominated DPO for The EverLearner Ltd is James Simms, Director. James is responsible for all policies, procedures and training related to data protection and The EverLearner Ltd.
James’s details are as follows:
Name: James Simms
Title: Director of The EverLearner Ltd
Address: 68 Park Road, Farnborough, Hampshire GU14 6LU
Telephone: 01252 756537
19 GDPR Internal Training Policy.
The EverLearner Ltd provides monthly and annual training to all personnel employed including full-time, part-time and contracted employees.
The training is undertaken by James Simms, Director of The EverLearner Ltd and DPO.
The EverLearner Ltd has a three-tier approach to training:
Weekly: Data protection and security is a standing item on all Friday team meeting agendas.
Monthly: Monthly training for entire team on the main facets of data protection.
Annually: A full review of all policies and procedures by the DPO supported by the Directors and the Product Manager. The standing annual review date is 25th May annually.
20 Why do we collect data?
Data is collected for two primary purposes:
Purpose 1: To enable learners and teachers to effectively utilise theeverlearner.com. This involves the collection of the following information:
  • Forename and surname, including title (compulsory)
  • Email address (compulsory)
  • Telephone number (not compulsory)
  • Name and email of tutor (not compulsory)
  • Subgroup data such as SEN, FSM, PP etc… (not compulsory)
  • Profile picture (not compulsory)
Purpose 2: To provide information on new services to adults via our newsletters and marketing correspondence. This involves the collection of the following information:
  • Forename and surname
  • Email address
21 When do we collect personal data?
The EverLearner Ltd collects data at three times:
The EverLearner Ltd collects data at three times:
1. On user registration to theeverlearner.com
2. When a teacher updates user information in relation to student and teacher users on theeverlearner.com via the dashboard of either a School Administrator or Head of Department.
3. When an adult positively opts in to our marketing list by selecting this option when completing a registration process or completing a contact form.
22 Legitimate interests.
Under the new data protection law starting in May 2018 we have a number of lawful reasons that we can use (or 'process') your personal information. One of the lawful reasons is called 'legitimate interests'.
Broadly speaking Legitimate Interests means that we can process your personal information if:
We have a genuine and legitimate reason and we are not harming any of your rights and interests
So, what does this mean? When you provide your personal details to us we use your information for our legitimate business interests to carry out our work of innovating and challenging the dominant classroom model in practice in the world today.
Before doing this, though, we will also carefully consider and balance any potential impact on you and your rights.
Some typical examples of when we might use the approach are for preventing fraud, direct marketing, maintaining the security of our system, data analytics, enhancing, modifying or improving our services, identifying usage trends and determining the effectiveness of our campaigns and fundraising.
23 Our vision.
The vision of The EverLearner Ltd is to “Use technology to humanise every classroom.”
And our objective is to:
“Accelerate the transition to a self-paced humanistic dominant classroom model as rapidly as possible.”
The EverLearner will use various ways to achieve our mission and to support our objectives: we believe that people who share our values would love to know how to support us. We will process the personal information you have supplied to us to conduct and manage our business to enable us to give you the most appropriate marketing, information, service and products and provide the best and most secure experience. These are what we consider to be our 'Legitimate Interests'.
24 Our interests.
The following are some examples of when and why we would use this approach in our work helping woods and trees:
  • Direct Marketing: We will send postal marketing. We will also make sure our postal marketing is relevant for you, tailored to your interests.
  • Ordering online: In order for us to process an order, payment has to be taken and contact information collected, such as name, delivery address and telephone number, provided. The seller would also need to record the transaction.
  • Your best interest: Processing your information to protect you against fraud when transacting on our website, and to ensure our websites and systems are secure.
  • Personalisation: Where the processing enables us to enhance, modify, personalise or otherwise improve our services/communications for the benefit of our supporters.
  • Analytics: To process your personal information for the purposes of customer analysis, assessment, profiling and direct marketing, on a personalised or aggregated basis, to help us with our activities and to provide you with the most relevant information as long as this does not harm any of your rights and interests.
  • Research: To determine the effectiveness of promotional campaigns and advertising and to develop our products, services, systems and relationships with you.
  • Due Diligence: We may need to conduct investigations on supporters, potential customers and business partners to determine if those companies and individuals have been involved or convicted of offences such as fraud, bribery and corruption.
We will also hold information about you so that we can respect your preferences for being contacted by us.
25 Your interests.
When we process your personal information for our legitimate interests, we will consider and balance any potential impact on you and your rights under data protection and any other relevant law. Our legitimate business interests do not automatically override your interests – we will not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
26 Data Protection Policy.
This data protection policy incorporates all actions that are deemed necessary to secure the personal data of users of theeverlearner.com and contacts of The EverLearner LTd. Please read this policy in combination with other data and security-related policies written by The EverLearner Ltd.
Data officer: James Simms
ICO accreditation number: ZA382932
Date of next review: 25th May 2019
Item 1: What personal data does The EverLearner Ltd hold?
The EverLearner Ltd collects the following personal data about its users:
  • Forename and surname (compulsory)
  • Email address (compulsory)
  • Telephone number (not compulsory)
  • Name and email of tutor (not compulsory)
  • Subgroup data such as SEN, FSM, PP etc… (not compulsory)
  • Profile picture (not compulsory)
Item 2: Where is this personal data held?
The EverLearner Ltd holds this data solely in the database of theeverlearner.com which is physically housed on two OVH SP-64 servers in London UK. Detailed information on the servers can be found here.
The server uses TLS 1.2+ to serve content to users. Details here.
Item 3: What 3rd party extensions does The EverLearner Ltd use to process data?
The EverLearner Ltd uses the following extension services:
Item 4: How does The EverLearner Ltd guarantee to protect personal data?
  • The EverLearner Ltd guarantees to only use the data processing and storage methods listed above.
  • The EverLearner Ltd uses a encryption process known as TLS 1.2+ to ensure that data is served to the user via an encrypted pathway. Details of this process can be found here.
  • The EverLearner Ltd holds no further physical storage of any personal data.
  • The EverLearner Ltd takes all reasonable precautions to ensure there is no loss of data from the misplacement or theft of physical devices.
Item 5: What process does The EverLearner Ltd take to delete unused personal data?
The EverLearner Ltd has a robust and automated policy to achieve this. Please see our Retention/Deletion policy for full details. The main points are as follows:
  • All users on theeverlearner.com have the right and capability to permanently delete their personal data from the database at any time.
  • The EverLearner Ltd automatically deletes all personal data for a user when the user becomes “inactive”.
  • Inactivity is defined as time since last login.
  • The EverLearner Ltd guarantees to permanently delete personal data exactly 730 days after last activity.
  • School administrators and Heads of department can archive but cannot delete user data. User data is permanently deleted by The EverLearner Ltd exactly 365 days of archive.
  • Deletion is permanent and complete. After deletion, The EverLearner Ltd retains no personal data for the user.
Item 6: What DPIAs are in place for the most “high risk” data?
The EverLearner Ltd has three DPIAs in place:
1. Protection of personal data relating to children.
2. Protection of data related to user subgroup status.
3. Protection of learning data associated with student users.
27 Retention of Records Policy.
The EverLearner Ltd guarantees to never hold personal data about any individual without a specific purpose. The EverLearner Ltd is committed to maintaining up-to-date and relevant records of users and recognises the benefit of deleting user data when that data becomes redundant.
The EverLearner Ltd has a robust and automated policy to achieve this:
  • All users on theeverlearner.com have the right and capability to permanently delete their personal data from the database at any time.
  • The EverLearner Ltd automatically deletes all personal data for a user when the user becomes “inactive”.
  • Inactivity is defined as time since last login.
  • The EverLearner Ltd guarantees to permanently delete personal data exactly 730 days after last activity unless the point that follows happens sooner.
  • School administrators and Heads of department can archive but cannot delete user data. User data is permanently deleted by The EverLearner Ltd exactly 365 days of archive.
  • Deletion is permanent and complete. After deletion, The EverLearner Ltd retains no personal data for the user.
The EverLearner Ltd guarantees to permanently “forget” any contact that has opted out of a marketing list or has not positively opted in to a marketing list. In such cases, The EverLearner Ltd will make the permanent deletion within 730 days of the user action/inaction.
28 The Right to be Forgotten.
The EverLearner Ltd respects the rights of any user who requests that their data is deleted more immediately than stated above. In such cases, The EverLearner Ltd guarantees to permanently delete personal data held about user within 30 days of a request to do so. This guarantee supersedes all that is written above.
29 Complaints Procedure.
The EverLearner Ltd respects the rights of any individual to make a complaint about how the company handles data. This complaint will always be dealt with through functional interaction that, if processed correctly, can lead to learning and an improvement in protocol.
By letter:
Please send your complaint to:
James Simms
Data Protection Officer
The EverLearner Ltd
68 Park Road
Farnborough
Hampshire, GU14 6LU
By email:
Add the following subject:
“FAO: Data Protection Officer”
Email to james@theeverlearner.com
Within the letter or email, please address the following points:
  • What, specifically, is the nature of your complaint?
  • When, specifically, did your concern arise?
  • How, specifically, would you like The EverLearner Ltd to address your concern?
The EverLearner Ltd guarantees to respond to complaints within 7 days of receipt of the complaint. All responses will be made by email.
You also have the right to make a complaint to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues, at any time. The ICO’s contact details are as follows:
Information Commissioner's Office Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Telephone - 0303 123 1113 (local rate) or 01625 545 745
Website - https://ico.org.uk/concerns
30 Data Portability Policy.
The EverLearner Ltd recognises the right to data portability by users. The EverLearner Ltd welcomes requests by users for personal data only and will make every effort to ensure the process is achieved efficiently and punctually.
The following forms of personal data are available to the user:
  • Forename and surname, including title
  • Email address
  • Telephone number (if provided)
  • Name and email of tutor (if provided)
  • Subgroup data such as SEN, FSM, PP etc… (if provided)
  • Learning data (course completion statistics, quiz scores, test scores).
  • Profile picture?
Portability requests must be made in writing:
By letter:
Please send your request to:
James Simms
Data Protection Officer
The EverLearner Ltd
68 Park Road
Farnborough
Hampshire, GU14 6LU
By email:
Add the following subject:
“FAO: Data Protection Officer”
Email to james@theeverlearner.com
Within the letter or email, please address the following points:
  • Exactly which data do you require?
  • Exactly what is the intended usage of the data (this allows us to prepare it for you in the best way)?
  • Exactly when do you need the data to be provided to you?
The EverLearner Ltd guarantees to process data portability requests within 30 calendar days of receipt of the request. If the request is considered to be “complex” then The EverLearner Ltd reserves the right to two further months of processing.
The EverLearner Ltd guarantees to provide the data in a commonly used format such as CSV or .xls.
The EverLearner Ltd takes no responsibility for the ease of assimilation of the data by the end user.
31 Consent Notice.
The EverLearner Ltd seeks consent from the user before data is processed. Consent can be provided by any individual greater than 13 years old and is explicitly detailed in the following processes:
  • Registration to theeverlearner.com.
  • Positive opt in to The EverLearner Ltd marketing list.
Consent for personal data to be processed on theeverlearner.com can be provided on users’ behalf by three groups:
  • The user’s parent or guardian
  • The user’s school teacher
  • The user tutor or coach (using a coach account)
Consent by users less than 13 years old must be made by the user’s parent or guardian.
32 Data Protection Impact Assessment.
DPIA #1: Protection of personal data relating to children.
DPIA #2: Protection of data related to user subgroup status.
DPIA #3: Protection of learning data associated with student users.


Use of Cookies by The EverLearner Ltd
Our website uses cookies. A “cookie” is a file that is sent to your computer by a website and automatically saved on your computer by your web browser (e.g. Internet Explorer). Each time you request a page from the website, your web browser sends this cookie back to the website server. The table below explains the cookies we use:
For most browsers, you can manage cookies from the ‘tools’ or ‘options’ menu. From there, usually through a “Privacy” tab, you should be able to delete cookies and manage cookie settings.