Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING WWW.NESSY.COM (HEREAFTER REFERRED TO AS THE WEBSITE) AND THE TABLES OF DOOM APPLICATION (HEREAFTER REFFERRED TO AS THE APPLICATION). All users of the Website and the Application agree that access to and use of the Website and the Application are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use the Website and the Application.

The Purchasing Process

Before making an Application purchase you set up a purchasing account, which will require entering some personal details. Upon completion of your purchase you will receive a unique Secret Word and one passport point, used for the creation of a passport that will give access to the Application. Student passports are created at the Passport Control screen. The student enters their name and makes up a username and 4 digit PIN. The teacher then uses the Secret Word to link this passport to the school records. Using the Secret Word to create a passport uses up one of the purchased passport points.

The first school purchase has a minimum quantity of 1 teacher and 5 students. Thereafter single passport points can be purchased. A discount is automatically applied for larger purchases. A school purchasing account will need to use the Secret Word to create the first teacher passport subsequent teacher passports can be created using the My Account log in. A teacher passport is used to manage records and use the same Secret Word to create student passports.

Terms of Use

Each Application passport is for a single person only. Student progress cannot be reset or reused by another student. Each student requires his or her own Application passport. Student passports automatically save all progress. Teacher passports have no progress saved.

Using your Secret Word to create a passport deducts one purchased passport point. This is non redeemable. There is no recurring subscription cost but accounts that remain unused for 2 years will be archived. Accounts that are not used for 3 years will be deleted and no further access to the Application will be possible without an additional purchase.

Purchase Orders

Ordering using a Purchase Order is available for UK Schools only. Please allow 24 hours for the purchase order to be reviewed by NET EDUCATIONAL SYSTEMS LIMITED (hereafter referred to as NESSY). Upon approval you will receive email confirmation with a unique Secret Word that can be used to create passports and gain access to the Application. Log in to your Nessy account to check that the status of your order has changed from Pending to Approved. When approved, your passport points are ready to use. Invoices generated from Purchase Orders have payment terms of 30 days. Access to the Application will be suspended for unpaid invoices falling outside the 30 day term.

Cancellation and Refunds

You have the right to cancel any order that you have placed with us for any reason whatsoever until 7 working days after the date on which you received confirmation of your purchase. Confirmation of your purchase includes the unique Secret Word required for the creation of a passport, granting access to The Application. Please send a copy of your invoice and a short explanation as to why you wish to cancel your purchase. Upon receiving your cancellation, all access to the Application shall be immediately suspended. Refunds will be made, in full, within 30 days of cancellation.

Technical Requirements

The Application requires a web browser and internet access. Cookies need to be enabled for the website domain www.nessy.com. Printable activities require a PDF reader. The Application has been designed for the following operating systems: Windows XP/Vista/7, Mac OSX 4.5 or higher.

Technical Support

Where we are notified of significant technical errors during the Warranty Period we will attempt to correct the problem by offering technical solutions. Please visit www.nessy.com and click the Help Centre (ambulance) icon to find common solutions to technical problems. For telephone support please call 0117 923 9777 between the hours of 9.30am and 4:30pm British standard time, Monday to Friday (except UK bank holidays). For email support please contact help@nessy.co.uk. If these problems are still unresolved within a reasonable time we will provide a full refund. Calls are charged at a standard rate. Discontinued Applications or those over 3 years old are not supported.

Data loss or hardware damage allegedly caused by the Website and the Application

All our products undergo extensive testing. However, Nessy do not warrant that the operation the Application will be uninterrupted or error-free or that defects in the Application will be corrected. You shall load and use the Application at your own risk and in no event will the Owner be liable to you for any indirect or special loss or damage of any kind (except personal injury or death resulting from the Owner’s negligence or breach of this Agreement) including any form of lost profits or consequential loss arising from your use of or inability to use the Application or from errors or deficiencies in it whether caused by negligence or otherwise. The Owner shall not be liable for any failure by the Application to provide any functions not specified in its associated documentation. In respect of any other claim, in no event shall the Owner’s liability exceed the amount paid by you for the Application.

Copyright

The entire content included in this site, including but not limited to text, graphics or code, is copyrighted as a collective work under the United Kingdom and other copyright laws, and is the property of Net Educational Systems Limited, trading as Nessy. The collective work includes works that are licensed to Net Educational Systems Limited. Copyright 2008, Net Educational Systems Limited ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Net Educational Systems Limited or purchasing Net Educational Systems Limited products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Net Educational Systems Limited or to purchase Net Educational Systems Limited products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Net Educational Systems Limited. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Net Educational Systems Limited used in the site are trademarks or registered trademarks of Net Educational Systems Limited, trading as Nessy.

Warranty

Once the Application has been purchased and the terms agreement accepted, Nessy warrants that the Application will perform substantially in accordance with the Application description, provided that the Application is properly used on the computer and with the operating system for which it was designed. Your computer must meet the minimum specifications of the product for the warranty to be valid.

Warranty Disclaimer

All the materials and services displayed on the Website and the Application are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Net Educational Systems Limited disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Net Educational Systems Limited does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Net Educational Systems Limited does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some nation states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Net Educational Systems Limited shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or the performance of the products on the Website and the Application, even if Net Educational Systems Limited has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors

In the event that a Net Educational Systems Limited Application is mistakenly listed at an incorrect price, Net Educational Systems Limited reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Net Educational Systems Limited reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Net Educational Systems Limited shall issue a credit to your credit card account for the amount you paid.

Data loss or hardware damage allegedly caused by the Website or the Application

All our products undergo extensive testing, however Net Educational Systems Limited (trading as Nessy) do not warrant that the operation of the Application will be uninterrupted or error-free or that defects in the Application will be corrected. You shall use the Application at your own risk and in no event will the Owner be liable to you for any indirect or special loss or damage of any kind (except personal injury or death resulting from the Owner’s negligence or breach of this Agreement) including any form of lost profits or consequential loss arising from your use of or inability to use the Application or from errors or deficiencies in it whether caused by negligence or otherwise. The Owner shall not be liable for any failure by the Application to provide any functions not specified in its associated documentation. In respect of any other claim, in no event shall the Owner’s liability exceed the amount paid by you for the Application.

Security

At Net Educational Systems Ltd we take your security very seriously and make your use of the Website and the Application as safe as possible. Net Educational Systems Ltd does not process or retain your credit card details. When you checkout and pay for your products you temporarily leave our website and are transferred to online ordering services powered by PayPal. Their security system takes over in secure mode which means all of your details are encrypted to help keep them secure and private as they are transmitted. Encryption creates billions of code combinations to protect each transaction made on our site, so your card details cannot be viewed by anyone else using the Internet. PayPal is a well known payment collection company used by major international businesses and offers a high level of security to the user. When payment is complete you are returned to our website. No credit or debit card details are stored once your order has been processed. EU law protects you against fraudulent use of your payment card in Internet transactions; credit cards give you extra protection.

Governing law and jurisdiction

All Nessy terms and conditions shall be governed and construed in accordance with the laws of England and Wales to comply with distance selling and e-commerce regulations.

Notice to terminate Application service

These terms and conditions are applicable to you upon your accessing the Website and Application or completing the registration or shopping process. Net Educational Systems Limited may terminate these terms and conditions, or any part of them, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Net Educational Systems Limited may deliver notice to you, by means of e-mail, a general notice on the website, or by other reliable method to the address you have provided to Net Educational Systems Limited, that the Application service will be terminated.

Miscellaneous

Your use of the website and Application shall be governed in all respects by the laws of the United Kingdom, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Net Educational Systems Limited products) shall be in the courts located in the United Kingdom. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Net Educational Systems Limited products) must be commenced within one (1) year after the claim or cause of action arises. Net Educational Systems Limited's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Net Educational Systems Limited may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of the Website and the Application

Harassment in any manner or form, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Nessy or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.

Participation Disclaimer

Nessy does not and cannot review all communications and materials posted to or created by users accessing the Website and the Application and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content, Nessy is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nessy reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Net Educational Systems Limited in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Net Educational Systems Limited, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website and the Application using your Internet account.

Contact Details

If you require clarification of any of the above information please contact Net Educational Systems Limited (Nessy), reg. No.3845393 10 Upper Belgrave Road, Bristol BS8 2XH, UK. Telephone 01179239777. email info@nessy.co.uk