TERMS & CONDITIONS

This agreement (the “Agreement”) sets out the licence we grant to you and governs your use of our Oddizzi online subscription services (the “Services”) provided by the Website www.oddizzi.com (the "Website"). This Agreement limits our liability to you. By clicking “I/We accept”, you are agreeing to the terms set out below.

• 1. Provision of Services
• 1.1 The Services are provided by Little Travel Bug Ltd (“we” or “the Company”) whose company number is 07107938 and registered office is at 69 Lowther Road, London SW13 9NP, Company VAT number 985121510. Your Subscription is with this company.
• 1.2. You will be entitled to access the Services following payment when we send you the starter email and your subscription will start from the date of such email. If you pay by cheque we will not send you the starter email until we receive the cheque. If the cheque fails to clear then your Subscription will be suspended until your payment subsequently clears.
• 1.3. You confirm that you have provided the Company with accurate and complete registration and acknowledge that you are responsible with updating the Company of any changes to that information (including your email address) via [info@oddizzi.com].
• 1.4. You or your establishment will be allocated a unique user name and password (together “ID”). If you are subscribing on behalf of a school or a household (the “Purchasing Establishment), then you are entitled to allocate an ID (which we will pass to you) to any pupil or teacher in your school or any member of your household (each of these pupils, teachers or members who use the Services is a “Nominated Subscriber”). You are not entitled to allocate an ID to any one who is not a Nominated Subscriber.
• 1.5. You must inform Nominated Subscribers that they must keep their ID confidential and are not allowed to pass it on to any one else, including without limitation anyone who is not a Nominated Subscriber.
• 1.6. You must inform each Nominated Subscriber of the terms of use of the Website and Services and any reference to “you” in this Agreement is deemed to include a reference to each of them so that they are each bound by the same obligations set out in this Agreement as you are and any breaches by a Nominated Subscriber shall be deemed to be a breach by you.
• 1.7. You must notify us immediately if you suspect there has been theft or unauthorised disclosure or use of your ID or of any Nominated Subscriber. If the Company has reason to believe that any ID is being used in any way that is not permitted by this Agreement, the Company will be entitled to suspend access rights to you and all your Nominated Subscribers on giving you notice and to block access from such ID until the issue has been resolved.
• 1.8. You will be entitled to use the Services from any computer but must not allow access to the Services except as specifically permitted under this Agreement.
• 1.9. The Company reserves the right to make any changes to any part of the Services without prior notice being given.

• 2. Limited right to use Content
• 2.1. All material displayed on the Services (“Content”) belongs to the Company or its licensors. Subject to Clause 2.2, you may
  • 2.1.1. Retrieve and display the Content on a computer screen
  • 2.1.2. Print individual pages on paper on paper for use at the Purchasing Establishment but not outside it
• 2.2. You may not download or print out copies of any of the photographs on the website. These are the property of a third party and are being used on the website under a licence agreement which prohibits any printing off of the photographs. If there are additional restrictions on any other Content, this will be made clear on the website and these restrictions will apply to you. Such restriction may change from time to time.
• 2.3. You may not (without prior written permission from the Company): redistribute any of the Content or supply it to other people (including by using it as part of any library, archive or similar service); remove the copyright or trademark notice from any copies of Content made under this Agreement; create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content: except as expressly set out above, modify or in any way commercially exploit any of the Content.

• 3. Fees
• 3.1. There is an annual fee payable for your subscription (‘the Fee”) which is payable annually in advance by such method of payment as we reasonably request.
• 3.2. We will write to you in advance of the annual renewal date and inform you of the fee payable for the new subscription year (fees are subject to increase from the previous subscription year). Subscription will only renew if you make payment of the Fee before the anniversary of your then current subscription. If you wish to continue your subscription but fail to pay your fee by such date, we shall be entitled to suspend your access until such fee is paid.
• 3.3. If you have applied for and been given a free trial, you are entitled to access the Services free for the period of such trial but certain parts of the Website and Services will be restricted during the free trial. You may only benefit from one free trial. If we subsequently discover that you have requested more than one free trial, you will be obliged to pay us the Fee as though you had made a Subscription. We will contact you before the end of your free trial to ask you whether you would like to subscribe to the Service.

• 4. User Participation
• 4.1. The Service may include participation in ClassPals, bulletin boards, discussion groups and other public areas (‘Messages”) that allow interaction between users and also feedback to the Company. Any statements, advice, opinion etc given on these are not the Company’s but the users.
• 4.2. You agree that any Messages will be appropriate to be read by primary school age children and will be in the spirit of an educational website aimed at children of this age.
• 4.3. Any misuse of user participation may result in your Subscription being cancelled without refund and/or denial of access to the Services.
• 4.4. You agree not to post any copyrighted material unless the copyright is owned by you.
• 4.5. The Company is entitled to edit or remove posts that are contrary to the terms of this Agreement or not constructive to the spirit of the Services and the website.

• 5. Limitation of liability
• 5.1. The Company will use its reasonable endeavours to remedy faults in the Services during your Subscription.
• 5.2. The Company will not be liable for any losses which you suffer from your use or non-use of the Website and the provision or non-provision of the Services.
• 5.3. If we are in material breach of this Agreement, you agree that our total liability will be restricted to an amount equivalent to the Fee for the relevant year of Subscription.
• 5.4. Notwithstanding the above, our liability will not be limited in the case of fraud or for death or personal injury caused by our negligence.

• 6. Copyright
• 6.1. All material displayed through the website are the property of the Company, its licensors and suppliers and are protected by the United Kingdom copyright laws and international treaty provisions. This Subscription Agreement allows you a limited licence to access and use this Website, the Public Materials and the materials provided to Subscribers for your personal non-commercial use provided such use complies with the terms of this Agreement.
• 6.2. You acknowledge that “Oddizzi” is a registered trade mark and the characters Odd and Izzi are also registered trade marks and you may not use these without prior written permission.

• 7. Privacy Policy
• 7.1. Any personal information you provide to us will be used by us in accordance with our Privacy Policy, which is set out on the Website. Please read the policy carefully.

• 8. Child Supervision
• We are concerned about the safety and privacy of our users, which of course includes young children. We advise teachers and parents who allow children with access to the Website and the Services to supervise such access carefully. When you allow a child access to the Website and the Services they have access to all of the material (but not direct access to ClassPals and user generated content) and it is your responsibility to ensure first that the material is age appropriate.

• 9. Links
• The Website may contain links to other websites and resources. Where independent third parties provide these, the Company shall not be responsible and shall not be liable for the availability or content of these. The Company is not responsible for the contents of any site linking to the Website.

• 10. Termination
• 10.1. Access to the Services may be suspended at any time without prior notice if we consider you to be in material breach of this agreement.
• 10.2. You may terminate this agreement within 10 days of its commencement by written notice to the Company and you shall be entitled to a refund of the Fee. No refund will be due or payable in respect of any termination after such period (other than as allowed under your statutory rights).

• 11. General
• 11.1. We may transfer and/or assign our rights and/or obligations under this Agreement. You may not transfer any of your rights and/or obligations under this Agreement to any other person, organisation, school, establishment or household.
• 11.2. This Agreement is governed by English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.
• 11.3. Nothing in this Agreement shall confer rights on any other person.
• 11.4. We may amend the terms of this Agreement and shall post any changes or additions to this Agreement online. If you do not agree to be bound by those changes, you should not access and/or use the Website and Services any further.
• 11.5. Any notice given under this Agreement to us, should be sent to: Little Travel Bug Ltd at 69 Lowther Road, London, SW13 9NP and marked for the attention of Jennifer Cooke.