Welcome to Beanbag!

Our goal is to create a network of people and resources, dedicated to helping school students succeed.

The Terms and Conditions are important as they protect both community members and Beanbag. Please be advised that members who are not prepared to follow the Terms and Conditions for the site should not join the community or subscribe to its mailing lists or forums.

Establishing an account or logging in to the site implies your full agreement to abide by our Terms and Conditions. Violations may be reported to your Internet Service Provider for further action.

In order to become a member, you must create a basic profile with contact information – this allows you to post to the site, subscribe to mailing lists, and make use of other services such as the educational resources directory. No anonymous postings are permitted. Product support questions and bug reports should be confined to the designated support channels.

The postings are an informal communications channel, and we will have a very light touch moderation policy – Beanbag will not be reviewing all messages.

• If you see a posting, or anything else, that you feel is inappropriate, please report it straight away using the onscreen links or via email to concerns@beanbaglearning.com and the site administrator will determine the appropriate course of action.
• If a site administrator asks you to stop doing something, you must desist immediately. If you disagree with the request, please contact us directly and in a reasonable manner. Please remember, the site administrators have the final say over what is and what is not acceptable.

Please note, there is zero tolerance in relation to:

• Attempts to "hack" the site or circumvent site security.
• Abuse of the site, the administrators, or other users.
• Posting chain letters or e-mail hoaxes.
• Profanity, inappropriate language, or images or films of an unsuitable nature.
• Attempts to collect e-mail addresses, or to use e-mail addresses or any user information on the site for any purpose not directly related to the site.
• Spamming. All advertising and commercial postings not directly related to the purpose of the site will be considered spamming and will be treated as such with banning from the site and potentially reporting your activities to your ISP.

Terms and Conditions

These are the terms and conditions of the Beanbag website. Please read them carefully, they contain important information about your rights and obligations.

1 Introduction

This website beanbaglearning.com ("the Site") is operated by Beanbag Learning Limited (a company registered in England under number 06384211) ("Beanbag", "we" or "us"). By accessing or using the Site you agree to be legally bound by these terms and conditions (the "Terms"), which shall take effect immediately on your first use of the Site. If you do not wish to be bound by the Terms then please do not use the Site.

2 Nature of Site

The Site provides a community where parents can discuss educational issues relating to their children, a place where they can search for and find Tutors, and a store of relevant educational materials which may assist their children’s learning. It is intended that the Site will provide parents with support and information to help them ensure that their children get the most out of their education. It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all opinions, advice, services and other information provided on the Site.

3 Modifications to the Site

3.1 We reserve the absolute right to alter, suspend or discontinue any aspect of the Site or the services provided through it, including your access to it. Unless explicitly stated, any new features on the Site, including but not limited to the release of new services, shall be subject to the Terms.

3.2 We may change the Terms from time to time, so you must check them regularly. Your continued use of the Site will be deemed acceptance of the updated or amended Terms. If you do not agree to the changes, then do not use the Site.

4 Applicability of Online Materials

The Site is controlled and operated by us from our offices in England. We make no representations that the Site or any content of it is appropriate or available for use in other countries. Those who visit the Site from other countries do so on their own initiative and at their own risk.

5 Copyright and Monitoring

5.1 The contents of the Site are protected by international copyright laws and other intellectual property rights. The owner of these rights is Beanbag Learning Limited or other third party licensors. All names and logos mentioned on the Site may be the trade marks, service marks or trading names of their respective owners, including us.

5.2 Unless indicated otherwise, you may copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Site including but not limited to text, graphics, video, messages, code and/or software provided that such use is for educational purposes only and that you comply with any express conditions set out therein.

6 Availability

6.1 We aim to make the Site available at all times but cannot guarantee that the Site will operate continuously or without interruptions nor that it will be error free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Site, router or any other internet connected device.

6.2 We cannot guarantee the continued availability of any product or service provided through the Site and accept no responsibility or liability for the withdrawal, interruption or failure of the same.

7 Contributions

7.1 By sharing any contribution (including any text, photographs, graphics, video or audio) on the Site you agree to grant us, free of charge, permission to use the material in any way we want (including modifying and adapting it for operational and editorial reasons). When you share your contribution we will ask you to choose from a range of different licences under which you agree to make such contribution available.

7.2 Copyright in your contribution will remain with you and you can continue to use the material in any way.

7.3 In order that we can use your contribution, you confirm:

7.3.1 that your contribution is your own original work, or that you have the author’s consent to use it in this way, that it is is not defamatory and that it does not infringe any UK laws;

7.3.2. that you have the right to give us permission to use it for the purposes specified above; and

7.3.3 that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16.

7.4 We will usually show your name with your contribution (unless you ask us not to) but you acknowledge that this is not always possible.

7.5 We reserve the right to contact you for administrative, verification or other purposes in relation to your contribution.

7.6 If you do not want to grant us the right set out in clause 7.1 above, then please do not share your contribution with us or the Site.

8 Linked Sites

We may provide hypertext links to other sites on the Internet which are operated by other people who we believe offer services and/or products which complement those offered by us. We make no representations whatsoever about any other sites which you may access through this Site or which may link to the Site. When you access any other site you understand that:

8.1 it is independent from this Site and that we have no control over the content or availability of that site;

8.2 a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a site; and

8.3 we shall not be liable for any loss or damage 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.

Any concerns regarding any external link should be directed to the respective site administrator or web master.

9 Community Conversations

9.1 In order to participate in and contribute to the Site’s community conversations (including message boards) ("Conversations") you will be required to register with us. Any personal information supplied to us as part of this registration process and any other interaction with us will be collected, stored and used in accordance with the our privacy policy.

9.2 You must register with a valid personal email address that you access regularly so that moderation emails can be sent to you. If you register with someone else’s email address, or with a temporary email address then your registration may be terminated without notice. We may require users to re-validate their registration if we believe they have been using an invalid email address. We reserve the right to terminate a registration if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registrations.

9.3 You agree to submit comments and materials in accordance with the following standards ("the Standards"):

• You should search or browse for existing answers before you ask a question;
• Stay on topic;
• Be polite. Everyone should feel comfortable reading and participating in discussions. Beanbag will not tolerate behaviour that is disruptive or abusive. This includes that which is libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, abusive, vulgar, obscene, pornographic, sexually explicit, or offensive in a sexual, racial, cultural or ethnic context;
• Do not disrupt a constructive conversation or impersonate another user by posting under a false user name. If you suffer disruptive behaviour by another user please let an administrator know;
• Post constructive comments and questions. Unless otherwise noted, your submission should either be in the form of a question or an answer that is within the Site’s permitted subject matter;
• Do not post a URL unless it directly answers a user’s question or is otherwise relevant to the topic under discussion. If any part of your submission, including any posted URL, results in any accrual of payment or benefit to you, then you must note this in your post;
• Do not send spam to your fellow users. Spam is defined as sending unsolicited email without the recipient’s consent. Spam includes chain letters and advertisements;
• No impersonations. This includes screen names and signatures; and
• No inappropriate user names. Inappropriate or offensive user names or aliases will be removed.

9.4 You agree that comments and materials submitted by you will not include:

9.4.1 any submission created solely to advertise a book, service, software or some other item for sale;

9.4.2 any reference, including a link, to a commercial item that is not directly related to the Site’s subject matter;

9.4.3 any "boilerplate" text. Your submissions will generally be credited to you and may automatically include a link to your public profile on the site, if you have one;

9.4.4 anything that promotes or commits, or is intended to promote or commit an illegal act;

9.4.5 anything that is defamatory; or

9.4.6 anything that you do not own or otherwise hold an appropriate licence to use. We reserve the right to ask you to provide us with evidence of such right.

9.5 If you commit any breach of these Terms or the Standards contained in clause 9.3 above, we reserve the right to take enforcement action against you. This action could include any of the following:

9.5.1 sending you an e-mail informing you that your submission has been deleted or edited. This mail will also include a warning that continuing to breach these Terms may result in action being taken against your account or accounts;

9.5.2 temporary or permanent suspension of your ability to participate in any or all of the areas on the Site; or

9.5.3 informing relevant third parties (including, but limited to your internet service provider and the police) of the infringement.

9.6 We advise that you are circumspect in the personal information you choose to reveal on the Site (for example: telephone number, school, postal address, home address, email address or any other details that would allow you to be personally identified).

9.7 If you are under 16 years of age, please get a parent’s or guardian’s permission before registering on the Site.

10 Tutors and Educational Materials

10.1 We do not establish references, nor check qualifications or credentials of any of the tutors who advertise on the Site. You acknowledge that you must rely on your own investigations.

10.2 We do not make any warranties as to the appropriateness or the content of any video or educational materials that you access, purchase or download via the Site.

10.3 We are not a party to any arrangement that you might make with any tutor contacted as a result of an advertisement on our Site, and do not accept any liability therefor.

11 Disclaimers and Limitation of Liability

11.1 Much of the content posted on the Site is created by members of the public. The views expressed are theirs and unless specifically stated are not shared by us. We are not responsible for any content posted by members of the public on the Site.

11.2 We are not responsible for the availability or content of any third party sites that are accessible through the Site. Any links to third party websites from the Site do not amount to any endorsement of that site by us and any use of that site by you is at your own risk.

11.3 The Site and all materials and information thereon, (including the information, names, images, pictures, logos and icons regarding or relating to us, our products and services (or to third party products and services)), is provided "as is" and on an "as available" basis. To the fullest extent permitted by law, we exclude all representations, warranties and endorsements (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not guarantee the timeliness, completeness or performance of the Site or any of the content. While we try to ensure that all content provided by us is correct at the time of publication no responsibility is accepted by us for any errors, omissions or inaccurate content on the Site.

11.4 Nothing in the Terms limits or excludes our liability for death or personal injury caused by our proven negligence. Subject to the previous sentence, we shall not be liable for any consequence, loss or damage of any nature whatsoever and howsoever arising (whether such damage or loss was foreseen, foreseeable, known or otherwise) out of or in connection with the viewing, use or performance of the Site, its content or links therefrom, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants or agents, or any other person. Such shall include (but not be limited to) loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.

11.5 We do not warrant that the Site or any aspect of it will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

11.6 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

11.7 We accept no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material available on or through this Site.

11.8 No warranty or representation express or implied is given in respect of any tutor. We accept no liability for any loss, damage, cost, expenses or other claims for compensation or damages arising from the conduct of a tutor. Nor do we accept liability for the failure of the tutor to meet your requirements.

12 General

12.1 We may assign or subcontract any or all of our rights and obligations under these Terms.

12.2 All notices shall be given by e-mail to enquiries@beanbaglearning.com or to you at either the e-mail or postal address you provide during the registration process. Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.

12.3 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.

12.4 Any failure or delay by us to exercise or enforce any right in these Terms does not waive our right to enforce that right.

12.5 These Terms and your use of the Site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.