Terms of Use

Version dated 4 June 2018

By using this website you accept these Terms of Use. If you do not agree with them, please do not use the website.

Right to use the product

Access to this website and one or more of the products on the website was purchased either by you or for you by a parent/guardian or a tuition centre, private or public school or L(E)A (or other funding body) (educational institution) under a separate subscription agreement. You may access those products for the period of time purchased for you. You will not be able to access them once the subscription agreement ends.

You may access the products on your devices but only with password access. If the subscription agreement changes, so does your right to use. For example (but without limitation as to what the changes might be), if products are removed from the subscription or licence, you may no longer access the removed products.

If an educational institution bought access for you, you must only use our products on this website according to the rules and guidelines determined by your educational institution.

Please note that your use of each product may be monitored for system performance, to ensure compliance with these Terms of Use and as otherwise reasonably required to operate the products and for anonymous research. Teachers and Pearson staff may access learner accounts from within a password protected area of the site to help guide learners in their use of the platform and for customer support purposes. All are required to comply contractually with Pearson policies governing user privacy and security.

Each product is a password protected service. All intellectual property and other rights in the website, all products on the site, all software and all content in it belong to Pearson and its licensors. The website hosts all content/products that were purchased for you and, except where the website expressly allows you to download or copy content, all downloading or copying of content or making it available elsewhere is prohibited.

If you upload content to the website, the ways in which you can interact with the content are determined by the functionalities generally available on the site. You retain all other rights in your content and are free to use it in any way you please except that the copies uploaded to our website/products can only be used within the parameters of the functionalities available on the website/product and in accordance with these Terms of Use.

Cookies

Pearson uses cookies and similar technical means to optimize the functionality of each product for you by recording your preferences, and to supervise use of the products. For further information please visit our cookie policy at http://uk.pearson.com/pearson-privacy-and-you/cookie-policy.html.

Use of content

You may:
You may not:

We may suspend or terminate your access to the website with immediate effect if you do not comply with these rules.

User Conduct

By submitting any material to us you agree to abide by the following rules. Pearson reserves the right but does not have an obligation to monitor materials or any information which is posted on any part of ActiveLearn Digital Service, any bulletin boards, discussion forums or any tools available on ActiveLearn Digital Service allowing you to post comments, material, views, reviews or comment on material posted by you, us or others or to interact with others or materials in any way (the Interactive Areas) and on any part of ActiveLearn Digital Service requiring registration or subscription allowing you to do any of the above.

The views, statements and opinions expressed in any Interactive Areas of ActiveLearn Digital Service, in any form, are those of the individual contributors and not the statements or opinions of Pearson or its affiliated entities.

By posting your comments or materials on any Interactive Areas, you grant us and our affiliated entities a non-exclusive, perpetual, irrevocable, royalty-free, world-wide licence to use, reproduce, modify, adapt, translate, publish, make available, distribute, sub-license and display any content you submit to us in any format now known or later developed. By submitting material you acknowledge that you waive any moral rights you may have in it.

If you do not want to grant us these rights, please do not submit your comments or materials to us.

You may use the Interactive Areas only to post content that is proper and appropriate to such areas and you must not do any of the following:

Pupil Data

If you (or your parent/guardian) purchased access as a consumer, please visit our Privacy Notice at http://uk.pearson.com/pearson-privacy-and-you/privacy-policy/digital-learning-services-privacy-policy.html which explains how Pearson looks after your personal data.

If your educational institution purchased access for you, please direct any queries about use of your personal data to them.

Plug-ins and Linking

A product on this website may make some software (owned by other parties) available for download in order to allow you to view or use the content (Plug-ins). Your use of Plug-ins is governed by the terms of any licence agreement that may accompany or be included with those Plug-ins.

In certain areas of the product there may be links to web sites owned by someone other than Pearson. Content on the internet changes minute by minute, so we cannot guarantee the content of or the availability, integrity or quality of these websites. You acknowledge that we will not be responsible for them.

We do not monitor and cannot guarantee the content, availability, integrity or quality of websites which other users may include in content they submit to the product and you acknowledge that we will not be responsible for them.

Limitation of liability

Pearson will not be liable for any loss of data, loss of profit and wasted management time whether they are direct or indirect damages, and Pearson will not be liable for any special, indirect, consequential or incidental damages (including damages for loss of use) arising in contract, tort or otherwise from your (or your users’) use of or inability to use the website or any product on it, or from any action taken (or refrained from being taken) as a result of using the website or any product on it.

You acknowledge that we have no liability for any loss, claim or damage suffered by or made against you as a result of any unauthorised access to any product on the website or breach by you, or other parties of these Terms of Use.

In any event, our total liability to you in respect of any claim for breach of contract, negligence or otherwise in relation to the website and all products on it shall be limited to the greater of the total fees paid or payable to Pearson for your use for the 12 months preceding the cause of action and £500.

You agree that you are responsible for all claims, costs and expenses (including reasonable legal expenses) that we incur if you breach these Terms of Use or any applicable law.

Nothing will limit either party’s liability for death or personal injury caused by its negligence, or for fraud, fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

You will promptly inform Pearson in the event of any claim by a third party received by you in relation to the website or any product.

Limited Warranty

We make no warranty that the website or any product is accurate, available or free from viruses or anything else that has contaminating or destructive properties. We exclude all express or implied warranties or representations to the fullest extent permitted by applicable law, including without limitation, any warranties or representations as to satisfactory quality, title, quiet possession, non-infringement of third party rights, error-free functioning, or fitness for purpose.

If your school purchased access for you, please raise any claim (for breach of contract, negligence or otherwise) in respect of your use of the website or any product on it with your school.

Changes

We may, at our discretion and at any time, make changes to the website or any products on it. We will ensure that these changes do not materially decrease the functionality or content of products for which you/your educational institution has purchased access for you. But if we make a change which in our view materially decreases its content or functionality, we will notify you (if you purchased access yourself) or your educational institution of this. In that case, the educational institution (if they bought access for you) might terminate their subscription agreement with us and you may no longer be able to access the products.

We may replace any product with another product and migrate you to the new product according to the terms we have agreed with you if you purchase directly from us or with your educational institution if they purchased access.

Pearson reserves the right to vary these Terms of Use at any time and then the varied terms shall apply. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. We may also email you to let you know that we have updated the Terms of Use.

Trademark notice

The logos and brand names used on this website and in any products are trademarks of Pearson and our licensors and you may not use them or any other third party trademarks on the website or contained in any product without our prior written permission.

General

These Terms of Use are governed by English law without regard to its conflict of laws. In the event of any dispute regarding these Terms of Use or any matter related to the website, any product or your relationship with us, you agree to submit to the exclusive jurisdiction of the English Courts. We may however also bring an action against you in the courts of your place of residence. Our failure or delay to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.

These Terms of Use, together with the subscription agreement, contain the entire agreement between us regarding the website and all products. Your non-compliance with these Terms of Use may result in our suspension or termination of your access or where an educational institution purchased the access for you, it may result in the suspension or termination of access by your educational institution to the website and any product.

If any part of any provision of these Terms of Use is held invalid, the remaining parts of the provision and all other provisions shall continue in effect to the fullest extent permitted by applicable law.

A person who is not party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms of Use. This shall not affect any right or remedy of a third party which exists or is available apart from that Act.

We will not be responsible for any breach of these Terms of Use caused by circumstances beyond our reasonable control.

We may immediately suspend or terminate your access to the website and any product without notice if any breach of these Terms of Use by you is brought to our attention or in the event of breach or termination of our subscription agreement with your educational institution.

You may consult the subscription terms here.

Pearson company details

Throughout these Terms of Use all references to “Pearson” or “we” means Pearson Education Limited, a company registered in England and Wales with company number 872828, registered address 80 Strand, London WC2R 0RL, and VAT number GB278 5371 21.