Terms and Conditions of Use
By browsing and using applefortheteacher.co.uk (the ‘Website’ which shall include the downloads and 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 Apple for the Teacher Limited.
These user terms and conditions (“Terms and Conditions”) may be updated by Apple for the Teacher Ltd from time to time without notice to You. We will post any revisions to these Terms and Conditions on this page and We will also indicate at the bottom of this page the date that these Terms and Conditions were last revised.
Your use of the Website or this Service 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 Website or this Service. 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.
You should print a copy of these Terms and Conditions for future reference and You should also regularly revisit the Terms and Conditions on the Website for purposes of noting whether or not revisions have been made.
1.1 The term “Apple for the Teacher”, “We” and “Us”, shall mean Apple for the Teacher Limited, the owner of this Website. The term “You”, “Yourself” and “Your” refers to the user or viewer of this Website and its content.
2. The services
2.1 Apple for the Teacher is a provider of printable teaching resources and we call this the ‘Service’. Our resources are primarily distributed through the Website through various navigation choices.
2.2 We 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.
2.3 Apple for the Teacher 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. You are strongly advised to read our help and FAQs.
3. You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled “Content Problems” for details of how to report such Content.
3.1 You agree to not use the Service to:
3.2 upload, post, email or otherwise transmit any Content that is unlawful, harmful, objectionable, harassing, , obscene, threatening, abusive, libellous, tortuous, defamatory, vulgar invasive of another’s privacy, hateful, or racially, ethnically or otherwise discriminatory; harm or attempt to harm minors in any way;
3.3 upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
3.4 manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; forge headers or otherwise.
3.5 impersonate any person or entity, including, but not limited to, a Apple for the Teacher staff member, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3.6 upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
3.7 upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
3.8 upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
3.9 enter into any of our email lists an email address that is not your own where you know (or ought reasonably to know) that the recipient of the email would not wish to be contacted by Us;
4.0 disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
4.1 advertise any job vacancies in any area of the Website unless We expressly agree that you may do so.
4.2 unintentionally or intentionally violate any applicable law or regulation;
4.3 collect or store personal data about other users;
4.4 post content which refers to individual schools, colleges or agencies – or their staff – whether by name, or identifiable by a pseudonym or any other means; and/or
4.5 interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
4.6 You acknowledge that Apple for the Teacher does not pre-screen Content that you post on the Website, but that Apple for the Teacher and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Website. If Apple for the Teacher determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, Apple for the Teacher may refuse to accept or may remove any Content from the Website, without any liability to you or a third party.
5.1 You agree to indemnify, defend and hold Apple for the Teacher Limited 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 Apple for the Teacher Ltd.
6. Content problems
6.1 If you object to anything on the Website, please let us know by sending an email to firstname.lastname@example.org and we will take whatever action we deem appropriate.
6.2 Apple for the Teacher will always immediately correct content where mistakes are found, but We do not guarantee the accuracy of any content provided, and it is for You to verify and be satisfied with the material you download. Apple for the Teacher provides and information service and You accept that We take no responsibility for the way You use the information you download.
7. General practices regarding use and storage
7.1 You acknowledge that Apple for the Teacher may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message postings or other uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
7.2 You agree that Apple for the Teacher has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
7.3 You acknowledge that Apple for the Teacher reserves the right to de-activate accounts that are inactive for an extended period of time.
7.4 You acknowledge that Apple for the Teacher reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. Modifications to service
8.1 Apple for the Teacher 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.
8.2 You agree that Apple for the Teacher shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. Member accounts
9.1 The registration processes will involve You providing a password and We shall provide You with a designated account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Apple for the Teacher Ltd 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. Apple for the Teacher cannot and will not be liable for any loss or damage arising from Your failure to comply with this obligation.
9.3 Certain 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 emailing 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.
9.4 Your Member account is subject to an acceptable use policy, and user accounts are monitored. Apple for the Teacher considers that no individual user would reasonably need to download more than 150 resources per calendar month. Accounts exceeding this download level will be subject to a review and possibly put on hold until the next start point of that particular membership subscription unless otherwise approved by Apple for the Teacher.
9.5 Your member account is strictly for your personal use only and you may not use your account to download and print for anyone else. Apple for the Teacher does not allow volume printing arrangements, unless specifically agreed in writing (these will be individually negotiated).
10.1 You agree that Apple for the Teacher, 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 Apple for the Teacher Ltd believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
10.2 Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Apple for the Teacher’s only remedy and Apple for the Teacher may take any other action we reasonably deem appropriate in connection with such breach.
10.3 If you have found out your school already subscribes and you would like to cancel?
If it can be confirmed that the school you are currently working at are already registered to applefortheteacher.co.uk and that you have not downloaded any resources and it is within 14 days of you signing up, then a %50 refund will be given within 30 days of you signing up. The final decision to grant a refund is at the sole discretion of Apple for the teacher Ltd.
10.4 See section 28 – Subscription renewals for more information on auto renewal subscriptions and cancellation policies.
11. Dealing with advertisers and other suppliers
11.1 To the fullest extent permitted by applicable law, you agree that: (a) Apple for the Teacher Ltd shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the Website, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service or the Website are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.
11.2 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.
12. International users and subscribers
12.1 The Website is designed to be compliant with the current UK national curriculum, applicable laws and regulations of England and Wales. Due to the global nature of the Internet, users from all over the world will have access to the Website, however if you are resident in a country outside of the United Kingdom you use the resources available at your own risk.
13. Links to other websites or resources
13.1 The Service may provide, or third parties may provide, links to other websites or resources. As Apple for the Teacher has no control over these sites and resources, you acknowledge and agree that Apple for the Teacher 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.
13.2 You acknowledge and agree that Apple for the Teacher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. Use of Apple for the Teacher materials
14.1 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 Apple for the Teacher Ltd. 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 Apple for the Teacher Ltd’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.
14.2 You acknowledge that all materials You download remain the property of Apple for the Teacher Ltd in perpetuity.
14.3 Apple for the Teacher Ltd strictly forbids the use of any scripted or otherwise automated method of content or website access.
15.1 You expressly acknowledge and agree that:
15.2 The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
15.3 Your use of the Service is at your sole risk. Apple for the Teacher 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. However, the Website and the Service are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Apple for the Teacher for any errors, omissions or inaccurate information on the Website or available through the Service.
15.4 Neither Apple for the Teacher nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
15.5 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
15.6 From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Apple for the Teacher endorses the website(s) and Apple for the Teacher has no responsibility for the content of the linked website(s).
15.7 The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice.
15.8 Apple for the Teacher is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
15.9 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
15.9.1 No advice or information, whether oral or written, obtained by you from Apple for the Teacher shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
16. Intellectual property
16.1 The contents of the Website is protected by international copyright laws and other intellectual property rights. The owner of these rights is Apple for the Teacher Ltd or other third party licencors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners including us.
16.2 Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of Apple for the Teacher Ltd.
17. Availability of the Website
17.1 Apple for the Teacher has an excellent record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free and Apple for the Teacher therefore accepts no liability for its unavailability.
17.2 You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
18. Limitations of liability
18.1 Apple for the Teacher Ltd’s liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited the greater of: (a) £150 and (b) the price paid by you to Apple for the Teacher Limited under any Contract during the 3 months preceding the event giving rise to the claim.
18.2 You expressly acknowledge and agree that Apple for the Teacher Ltd 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 Apple for the Teacher Ltd has been advised of the possibility of such damage.
18.3 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 Apple for the Teacher Ltd.
19. Events outside of our control
19.1 Apple for the Teacher will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
19.1.1 Strikes, lock-outs or other industrial action.
19.1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
19.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
19.1.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.1.5 Impossibility of the use of public or private telecommunications networks.
19.1.6 The acts, decrees, legislation, regulations or restrictions of any government.
19.1.7 Viruses and cyber attacks
19.1.8 Power or other failure affecting any part of our servers, premises or any other part of our service
19.2 Apple for the Teacher Ltd’s performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.
20.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from You to Us must be in writing and sent to our contact address at Apple for the Teacher Ltd, University Business Centre, 6-8 Bond Terrace, Wakefield, WF12HW
20.2 Notices from Us to You may be in writing or electronic format (to include both email and notice via the Website).
21.1 If any part of these Terms and Conditions is unenforceable (including any provision in which We exclude our liability to You) the enforce-ability of any other part of these conditions will not be affected.
23. Third party rights
23.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
24. Entire agreement
25.1 No delay or failure by Apple for the Teacher to exercise any of its powers, rights or remedies under this agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.
26. Governing law
26.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
26.2 Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales and You hereby consent to this jurisdiction.
27. Apple for the Teacher Subscription Offers and Competitions
27.1 All competitions or offers coordinated by Apple for the Teacher on official social media accounts will make clear what any offer includes, who is able to participate, how to participate and when said competitions begins and ends. Any entries that do not meet these requirements will not be entered in to any promotion.
27.2 Promotions by Apple for the Teacher staff will give specific restrictions and conditions of entry for each offer in the launching of any competition. Apple for the Teacher staff operating the promotions will be available to answer questions and clarify the terms of entry for any potential entries.
27.3 Any given conditions of entry will be made clear before or at the time of entry for prize draws, discount opportunities or offer codes. These conditions will remain accessible through the period of the promotion.
28. Apple for the Teacher Subscription Renewals
28.1 Individual subscription accounts are set to renew automatically when the current paid term is due to expire. A reminder email will be sent to the user account email address before the renewal date, where possible (please check spam folders). But it is the account holder’s responsibility to cancel the account PRIOR to auto renewal taking place, if the subscription is no longer required. This can be done in your account dashboard, or you can contact email@example.com via email directly. No charges at all will then be taken. If your account is cancelled before Auto Renewal, this will remain open until the end of your paid term, it will then end automatically once that term expires. If you do not wish to auto renew and you fail to cancel your account BEFORE auto renewal, your account will be automatically charged for another year. If you wish to cancel after auto renewal, providing no resources have been downloaded, this can be arranged, however any refunds made after the auto renewal has happened will be less any refund charges which Apple For The Teacher then has to pay in order to process this payment. Customers are expected to cancel their account before Auto renewal happens if they don’t require the subscription to continue for another year, to prevent any charges being made.
28.2 School subscription accounts will be emailed 30 days and 7 days before the renewal date of the school subscription. An invoice for the full amount will be sent via email to the school. This invoice will be paid in full before the account can be restarted or continue. BACS payment or a cleared cheque is acceptable.
29. Apple for the teacher Ltd Affiliate Programme Terms and Conditions
The purpose of the Apple for the teacher Ltd affiliate programme is to reward Affiliates for any new customers that they refer to Apple for the teacher Ltd by properly advertising the applefortheteacher.co.uk domain through legitimate methods.
By clicking on the ‘register’ icon on the https://applefortheteacher.co.uk/become-an-affiliate/ page you agree to abide by the terms and conditions detailed in this Agreement.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the Apple for the teacher Ltd Affiliate Programme. This Agreement constitutes the entire agreement between Apple for the teacher Ltd and the Affiliate and any pre-existing agreement or arrangement between Apple for the teacher Ltd and the Affiliate shall be terminated forthwith upon completion of this Agreement, any outstanding commissions owed to you prior to the revocation of your affiliate status will be credited to the Affiliate’s account.
“this Agreement” shall mean the contents of the contract between Apple for the teacher Ltd and the Affiliate in respect of the Programme.
‘the Programme’ shall mean the affiliate Programme as set out on the Site and that is governed by this Agreement.
‘the Link’ shall mean the HTML link provided from time to time by Apple for the teacher Ltd to link the Affiliate’s website or other advertising media to the Site.
‘the Affiliate’ shall mean the party who agrees to take part in the Programme.
31 The Programme
31.1) The Programme shall be the affiliate programme as set out on the Site from time to time.
31.2) Apple for the teacher Ltd is entitled to vary, amend or cancel the Programme without giving notice to the Affiliate. Apple for the teacher Ltd may make any such change by publishing any revised terms on the Site.
31.3) The Programme is expressly a business-to-business relationship and both Apple for the teacher Ltd and the Affiliate enter into it in a business capacity and not as a consumer.
31.4) The Programme does not entitle the Affiliate to represent themselves as an agent, partner or any other form of associate of Apple for the teacher Ltd other than as an Affiliate as expressly provided for in this Agreement.
32. Suitability for the Apple for the teacher Ltd Affiliate Program
32.1) Apple for the teacher Ltd reserves the right to terminate this Agreement and the Affiliate’s status at any time for any reason whatsoever at its sole discretion.
32.2) In particular if Apple for the teacher Ltd deems that the Affiliate’s website or other advertising media is inappropriate for the Programme then this Agreement shall be terminated. The Affiliate’s website or other advertising media may be deemed inappropriate if in the view of Apple for the teacher Ltd it contains, promotes or contains links to sites that are:
32.3) discriminatory, sexually explicit or violent material, or
32.3) promote, depict or contain links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or
32.4) contains unlawful material, this shall include but not be limited to materials that may possibly violate another’s intellectual property rights, or
32.5) contains information regarding, promotes or links to a site that provides information or promotes illegal activity, or
32.6) for any other reason that is deemed by Apple for the teacher Ltd (at its sole discretion) to be unsuitable.
32.7) Upon Clicking on the ‘register’ icon on the https://applefortheteacher.co.uk/become-an-affiliate/ page you are automatically accepted on the Programme. Apple for the teacher Ltd reserves the right to withdraw Affiliate status at anytime after you have been accepted onto the Programme for any reason that Apple for the teacher Ltd deems relevant. Acceptance into the Programme does not mean that Apple for the teacher Ltd has specifically approved the Affiliate or its website or other advertising media.
33. Legitimate methods of advertising
33.1) In order to receive commission’s for referring customers to Apple for the teacher Ltd, the Affiliate must engage in proper advertising. Affiliates found to be engaging in improper advertising shall have their agreement terminated and their affiliate status revoked. Apple for the teacher Ltd shall be the sole and absolute arbiter of what constitutes proper advertising.
33.2) A non-exhaustive list of examples of improper advertising shall include but not be limited to:
33.2.1) the forwarding of any urls direct to applefortheteacher.co.uk (this includes misspells of the above trademark domain); and
33.2.2) forcing cookies through iframes;
33.2.3) advertising through third party networks; with the exception arising from Clause 32.3 below;
33.2.4) brand bidding (including misspells) for PPC advertising,
33.2.5) including your Apple for the teacher Ltd affiliate link within Unsolicited Commercial Email (UCE) or SPAM,
33.2.6) including any of Apple for the teacher Ltd url in search adverts.
33.3) Affiliates are permitted to promote Apple for the teacher Ltd through various social media communities, as a limited exception to Clause 32.2.3 above. However, Affiliates are not permitted to create groups or specific web pages in social communities whereby they purport or hold themselves out to be representatives of Apple for the teacher Ltd.
33.4) Apple for the teacher Ltd reserves the right to conclude that you have engaged in an improper method of advertising according to our standards, at our sole discretion. We may come to such a conclusion even if it is based upon our opinion or mere suspicion or belief and is without any duty on Apple for the teacher Ltd to prove that our opinion or suspicion is well-founded; and even if our opinion is proven not to be well-founded or if other hosting/domain name companies have not deemed it to be an improper method of advertising.
33.5) Any Affiliate found to be adopting improper methods of advertising for the purpose of the Programme shall be deemed to have been in breach of this Agreement and shall have their Affiliate status revoked. Such an Affiliate will therefore immediately cease in being an Affiliate of Apple for the teacher Ltd.
33.6) Any sales that have been generated through improper advertising will not qualify for commission or credit from Apple for the teacher Ltd.
33.7) Any Affiliate found to be utilising these or any other improper methods of advertising may be required to pay back any such commission that has been paid by Apple for the teacher Ltd to them. If Apple for the teacher Ltd elects not to enforce this right it shall not be deemed to be a waiver of any other rights that it may have under this Agreement.
34. The Procedure
34.1) Subject to the terms of this Section, we will provide to you all Links, and any related banners, graphics, or text advertisements necessary to promote and offer the Apple for the teacher Ltd Services to your site’s visitors and/or its members. The Apple for the teacher Ltd link may contain any picture, text, logo, graphic, that maybe be attributed with Apple for the teacher Ltd.
34.2) Apple for the teacher Ltd reserves the right to change the content and or display of the Link from time to time in our sole discretion. The link will connect your site with the area on our site (the landing page) where your referral may apply for Apple for the teacher Ltd products directly with us. The presence of the Apple for the teacher Ltd link on your site will serve to identify you as a member of our Affiliate Programme.
35. The Payment of Commission
35.1) Once a customer has arrived at our website having followed the Link, their actions on our website will be tracked for 30 days using a cookie. You will earn commission on their first order that is placed during the 30 day period. Apple for the teacher Ltd will not be responsible for commissions missed due to the cookie being deleted or blocked or in any other way failing to track the customer from the Link.
35.2) Affiliates will only earn commission fees only with respect to activity on our site occurring directly through the Link that will appear on their website.
35.3) Apple for the teacher Ltd is under no obligation whatsoever to pay any commission to any Affiliate who does not strictly follow this Agreement as published from time to time.
35.4) Apple for the teacher Ltd reserves the right to take legal action against any Affiliate that commits fraud, or conspiracy to defraud and to recover any commissions paid to an Affiliate which was earned as a result of such fraud. For the purposes of this agreement fraud shall include but not be limited to wittingly violating the terms of this Agreement.
35.5) Apple for the teacher Ltd will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.
35.6) the commission balance threshold for the purpose of this agreement is £100.
35.7) Apple for the teacher Ltd reserves the sole right to change the commission balance threshold at any time it sees fit without the prior the consent of its affiliates. In the event of a commission balance threshold change Apple for the teacher Ltd shall notify all its affiliates of the change before hand. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If an Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.
35.7) The Affiliate’s continuing participation in the Programme constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.
35.8) Affiliates that exceed the commission balance threshold will automatically be paid by BACS from the Apple for the teacher Paypal account. Affiliates that do not exceed the commission balance threshold will have the balance transferred into the following month.
35.9) Affiliates that do not reach the £100 commission balance threshold in one calendar month will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from Apple for the teacher Ltd.
35.10) Apple for the teacher Ltd will only pay out commissions on sales that are 60 days old.
Commissions for sales over 60 days old will be paid once the £100 threshold is reached.
35.11) Cheques shall be sent to Affiliates by post. Affiliates shall allow up to 28 days to receive their cheques. It is the sole responsibility of an Affiliate to make sure that their contact details are up to date and accurate on the Apple for the teacher Ltd system in order to facilitate the cheque reaching them.
35.12) In the event that an affiliate has not received their cheque after 28 days or their cheque has gone astray, Apple for the teacher Ltd will reissue the Affiliate’s cheque provided that the missing cheque has not been cashed.
35.13) All missing cheques must be followed up within six months of the date of their issue. All payments due from missing cheques that have not been brought to the attention of Apple for the teacher Ltd within six months shall be deemed to have been forfeited by the Affiliate.
35.14) Affiliates will only be paid Commissions for the first order made by their referral customer only. Commissions will not be not paid on orders made by existing Apple for the teacher Ltd customers. Apple for the teacher Ltd will not pay commission for products that an Affiliate purchases for itself through the Link. The Apple for the teacher Ltd system will simply not recognise this as an Affiliate sale. Web agencies or resellers purchasing subscriptions through their account for other people are encouraged to contact Apple for the teacher Ltd directly for information on how they can become eligible for commission.
35.15) The rates of commission payable to the Affiliate from time to time shall be published on the Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by Apple for the teacher Ltd at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the site.
36. Apple for the teacher Ltd Obligations
Apple for the teacher Ltd agrees to undertake the following obligations:
36.1) provide all information necessary to allow the Affiliate to make necessary the Link from the applefortheteacher.co.uk to the Affiliate’s site,
36.2) processing all orders for Apple for the teacher Ltd products or services placed by a referral following the Link,
36.3) tracking the number and amount of relevant sales generated through the Link,
36.4) providing information to you regarding commission payments,
36.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Apple for the teacher Ltd for the purpose of our business, and
36.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep Apple for the teacher Ltd fully indemnified in respect of:
36.7) the content of the Affiliate’s site or any site that they may be connected to,
36.8) any misrepresentation of Apple for the teacher Ltd or its products or services,
36.9) making of any false claims, representations or warranties in connection with Apple for the teacher Ltd,
36.10) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
36.11) obtaining permission to use another party’s copyrighted or any other proprietary material,
36.12) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. Apple for the teacher Ltd hereby disclaim all liability for all such matters,
36.13) Affiliates also agree to indemnify and hold harmless Apple for the teacher Ltd, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
36.14) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
36.15) the payment of all tax and national insurance payable on any payments made to you by Apple for the teacher Ltd.
- Right to Name as a Reference Customer
37.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to Apple for the teacher Ltd other than those mentioned in this Agreement or otherwise provided by Apple for the teacher Ltd, without the prior written consent of Apple for the teacher Ltd. Apple for the teacher Ltd reserves the right to refuse any request for consent under this Agreement.
- The License
38.1) Apple for the teacher Ltd grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the applefortheteacher.co.uk site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Apple for the teacher Ltd and which Apple for the teacher Ltd shall provide to the Affiliate, for the sole purpose of establishing the Link to applefortheteacher.co.uk so customers can purchase Apple for the teacher Ltd products and services.
38.2) Affiliates cannot modify or change the Link or any other materials provided by Apple for the teacher Ltd in any way.
38.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Apple for the teacher Ltd without first obtaining the prior written consent of Apple for the teacher Ltd. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Apple for the teacher Ltd brand or any other brands.
38.4) Apple for the teacher Ltd reserves all of its rights in the materials provided and all of its other proprietary rights. Apple for the teacher Ltd shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
38.5) The licenses described in this Section shall expire upon the termination of this Agreement.
38.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Apple for the teacher Ltd may be cause for immediate termination of this Agreement.
- Terms of the agreement
39.1) The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
39.2) Upon the termination of this Agreement any commission that has not yet reached the commission threshold shall be turned into credit which can only be used to purchase products or services from Apple for the teacher Ltd. Affiliates that have reached the £100 commission threshold will be paid a cheque upon the termination of the Agreement subject always to the terms of this Agreement as shall be published from time to time.
40.1) Apple for the teacher Ltd reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Apple for the teacher Ltd shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
- Limitation of Liability
41.1) Apple for the teacher Ltd shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Apple for the teacher Ltd has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
41.2) Apple for the teacher Ltd’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
41.3) Apple for the teacher Ltd makes no warranties, either express or implied, concerning the performance or functionality of the Apple for the teacher Ltd services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
41.4) Apple for the teacher Ltd shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or Apple for the teacher Ltd.
42.1) This Agreement is governed by and is construed in accordance with the laws of England and Wales.
42.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
42.3) Apple for the teacher Ltd shall not be liable for the legality of Apple for the teacher Ltd service in countries other than the United Kingdom.
42.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to Apple for the teacher Ltd service from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.
43.1) By clicking on the ‘register’ icon on the https://applefortheteacher.co.uk/become-an-affiliate/ page the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.
43.2) By subscribing to apple for the teacher, you are acknowledging that you agree to the terms and conditions of this Agreement.
Apple for the Teacher is the trading name of Apple for the Teacher Ltd. Apple for the Teacher Ltd is registered in England and Wales under company no. 11143611.