Terms and Conditions

Terms and Conditions

ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE, ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, SMART FROG GLOBAL LTD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE.

IMPORTANT NOTICE SMART FROG SUBSCRIPTIONS:

Unless you cancel prior to the expiration of your paid subscription DATE, we will automatically renew your Subscription “yearly” anniversary of the date that you signed up for the paid Subscription.

IMPORTANT NOTICE SMART FROG NON-SUBSCRIPTIONS:

If you have been charged for a non-subscription product, you will not be charged a renewal fee. All site licenses allow unlimited "school" access only for teaching staff via a secure website login. Single licenses are designed for the individual teacher only and should not be shared. 

You will not be entitled to a refund if you have downloaded any Smart Frog Education learning material.  

We will charge your credit card with the applicable renewal subscription fee and any taxes. Yearly subscriptions must be cancelled prior to the anniversary date to avoid automatic renewal. Although we hope you automatically renew and enjoy our services. You can cancel your subscription by emailing us at info@smartfrogeducation.com, or by using your account profile. If you have registered for a free account, or purchased a download package (not a subscription package), you will not be required to renew. All online card payments are processed by PayPal.

By browsing and using www.smartfrogeducation.com which shall include the placing of order subscriptions, you are agreeing to comply with and be bound by the following Terms and Conditions of use, which govern the relationship between you and Smart Frog Global LTD.

All purchases give you access to Smart Frog Education resources on our website.

Who we are

This site is owned by Smart Frog Global LTD

Locations

7 Douncell Court, Brentwood, Essex CM15 9JD United Kingdom

4134 Falling Leaf Drive, Encino, CA, 91316 United States

8/35-39 Judd Street, Cronulla, NSW 2230 Australia

Website use

Your use of the service or this Website after any revisions have been made constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or this Website. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to consider such changes.

Whilst every endeavor is made to ensure that the products and services available on this website are error free, Smart Frog Global LTD cannot guarantee that any product or service does not contains errors and is suitable for the intended use.

Email notifications

When you sign up to any of our services through our website, you also automatically sign up to our email newsletters containing information about new products, special offers and any information they may relate to your account.

Copyright

You may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from this website, except as permitted by these Terms and Conditions.

Intellectual property

Smart Frog uses ideas from educators from time to time for functionality, design, layout and content. If you believe your copyright or other intellectual property is being infringed, please contact us. Under the Digital Millennium Copyright Act, we’ll ensure any material is identified and taken down if necessary. We respect the intellectual property rights of others and encourage you to do the same.

Product use

To ensure you get the best experience from our "Go Interactive" material, we recommend using a Safari, Chrome, Firefox or Internet Explorer browser (please ensure your browser is updated. All "Go Interactive" material is fully functional on a whiteboard, computer, tablet or smart phone devices. Should you experience any problems with our products using these specified browsers or devices, please get in contact with us.

All printable PDF workbooks are available to download using Adobe. To get the latest Adobe Acrobat Reader here; https://get.adobe.com/uk/reader/

1. Our services

1.1 Smart Frog Education is a ‘Service’ provider of professional and high quality, printable teaching resources. Our resources are primarily distributed through our website domain.

1.2 Smart Frog Education provides a subscription resource service upon payment of a fee as specified on the website.

1.3 We Smart Frog Education reserve the right to change pricing and or availability in respect of any of the services in this clause for any reason and without notice.

1.4 Smart Frog Education is not responsible for non-delivery or technical limitations of the end user for any reason in respect of any of the services in this clause.

2. Member accounts

2.1 Some aspects of the Services may require you to register and provide information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form contained on the website (such information being the Registration Data) and (b) maintain and promptly update the Registration Data (by informing us) to keep it true, accurate, current and complete and we shall not be liable for any loss suffered by your non-compliance with this provision.

2.2 Smart Frog will endeavour to protect all personal information collected through the website in accordance with strict data protection standards. Your privacy is important to us.

2.3 The registration processes will involve you providing a password and we shall provide you with a designated account to access learning material.

2.4 You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account.

2.5 You agree to (a) immediately notify Smart Frog of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session.

3. Indemnity

3.1 You agree to indemnify, defend and hold Smart Frog and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the content, our website, service and tools.

This indemnity includes both any liability to third parties, and other costs and losses incurred by Smart Frog.

4. International use

4.1 Our website www.smartfrogeducation.com is designed to be compliant with the applicable laws and regulations of England and Wales.

5. Modifications to service

5.1 Smart Frog reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

5.2 You agree that Smart Frog shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

6. Termination

6.1 You agree that Smart Frog, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the website and/or the service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the service, and may remove and discard any Content within the service, for any reason, including, without limitation, for lack of use or if Smart Frog believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.

7. Merchants, advertisers and other suppliers

7.1 Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

8. Links to other websites or resources

8.1 The Service may provide, or third parties may provide, links to other websites or resources. As Smart Frog has no control over these sites and resources, you acknowledge and agree that Smart Frog is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

9. Use of Smart Frog Resources

9.1 All articles, information and other materials presented on the Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Smart Frog. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this website or any resources therein without Smart Frog’s written consent. You acknowledge that, by making use of this website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.

9.2 You acknowledge that all materials downloaded remain the property of Smart Frog in perpetuity.

10. Disclaimers

10.1 You expressly acknowledge and agree that:

10.1.1 The content of the pages of the Website is for your general information and use only. It is subject to change without notice.

10.1.2 Your use of the Service is at your sole risk. Smart Frog has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication.

11. Limitations of liability

11.1 You expressly acknowledge and agree that Smart Frog shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if Smart Frog has been advised of the possibility of such damage.

11.2 Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Smart Frog.

12. Cancellations

12.1 You may cancel and receive a full refund within fourteen days of your payment, as long as you have not downloaded any of our teaching resource files from the secure member's section during this period. You need to specify in an email to info@smartfrogeducation.com that you are cancelling within fourteen days of your payment and have not downloaded any of our teaching resources in order for the refund to be processed. Any other refunds beyond the 14-day period are at Smart Frog’s discretion. Our refund policy also applies to non-subscription purchases. 

12.2 You need to ensure that your account is cancelled before YOUR renewal date if you do not wish for your account to be renewed. You can cancel at anytime and still access the resources until the renewal date of your account.

13. Third Party Access

13.1 You must take reasonable precautions to prevent any third-party from accessing your username and password. If you disclose your username and password to another person allowing them to access Smart Frog then your access may be terminated. We reserve the right to change member's usernames and passwords. Any changes to your login details will be communicated by email.

14. Acceptable Use Policy

14.1 Smart Frog’s Service is designed to allow individual users to download additional premium teaching resources for their own needs.

14.2 The Premium Service is subject to an acceptable use policy, and user accounts are monitored. Smart Frog considers that no user would reasonably need to download more than 100 products per calendar month and accounts exceeding this download level we be subject to review.

14.3 Any violation of the terms is taken seriously and the user's account will be reviewed and may be suspended immediately.

15. Waiver

15.1 Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this licence nor prejudice that party's right to take subsequent action.

16. Law and disputes

16.1 This Agreement and all matters arising from it are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this

If you have any questions about this Agreement, please contact us direct; info@smartfrogeducation.com