for the Sale of Goods and the Provision of Services by Lucas Publications Ltd on this Website
1. Please read these terms and conditions very carefully before ordering any goods and/or services from our website.
Part One sets out the terms and conditions you agree to when you buy goods and services from our website.
Part Two sets out the terms and conditions you agree to when you buy goods and services from our website
Part Three sets out the terms and conditions you agree to when you wish to make use of our Education Consultants service referral.
Part Four sets out the terms and conditions you agree to when you license our basic schools data.
Part Five sets out the general conditions which apply in addition to Parts One, Two Three and Four.
2. We are Lucas Publications Limited (“We” “us”), of 10 Greycoat Place London SW1P 1SB United Kingdom and are contactable by email at [email protected] and by telephone at +44(0) 203 286 6824
3. We are the supplier of goods and services purchased from this website unless expressly stated otherwise.
4. By ordering goods or services through these pages or pages displaying a link to these terms and conditions, you as our customers (“you”) warrant that you are over the age of 18 and that you agree to be legally bound by them.
5. We offer guidance and pointers based on our experience of categories of educational establishments we feature. Luckily, there’s no “one size fits all” in education in the UK.
6. Our relationship with you
You accept that by buying our products and services supplied to you or by seeking a referral to a Consultant though this website:
Our products and services offer you our findings and opinions about the strengths and weaknesses of educational establishments as a guide for those of you considering how to educate a child, and
each individual child will have specific educational needs and that her/his circumstances will be unique and unknown to us;
what parent users can individually manage in parenting for their offspring in educational services will vary considerably and will be unknown to us;
We will not know the opportunities and constraints affecting the parent users’ families as a whole;
Educational establishments are dynamic and circumstances change – for example engaging a new head teacher – or a re-definition of entry criteria - or a change in catchment area;
We use all reasonable means to provide our users useful pointers and critiques in their quest to educate their offspring and in specialised educational consultancy services resources.
before you commit your offspring to a particular educational route, you should seek detailed information from specific schools, colleges, local authorities and other sources upon which to base a decision as to what is best for your child in the context of the wider family.
In using our Education Consultants service referral you are being referred to a freelance educational Consultant with whom you will contract directly, not with us – we act as the agent for such educational Consultant
To those of our users engaged in the Education sector, our guidance is intended, always within the law, to include or exclude educational establishments fairly, to highlight shortcomings when we find them, to offer an independent channel for feedback, to encourage improvement and to give credit where credit is due – We welcome constructive feedback from our users who are engaged in the Education Sector.
PART ONE - Goods
7. We provide various publications for you to buy from this website or which you can access through subscription through this website. To order goods from our websites you need to follow the ordering procedures set out on the order pages.
8. Your order is an offer to buy goods from us under these conditions. Our confirmation of your order or our acceptance of your payment over the internet or otherwise is our acceptance of your offer.
9. It is your responsibility to ensure that all the details you enter on the order form are complete and correct. We will not be liable for any loss or damage that arises from you entering incorrect or incomplete information.
10. All prices are quoted in pounds sterling and include VAT. We may make a delivery charge the details of which will be displayed on the website. The price for the goods is the price shown on our website when you pay for the goods.
11 In the unlikely event that a price stated in your shopping basket is different from that stated elsewhere on the website, please contact us promptly at [email protected] or telephone us at +44 (0)203 286 6824 before completing your order and making payment.
12. If the goods you have ordered are for any reason unavailable for delivery within our usual delivery estimates we will notify you by e-mail and will, unless you are happy to wait for a later delivery, refund any money you have already paid.
13. We will deliver the goods to the address you provide on your order form by first class post or by airmail overseas. Although we use reasonable efforts to deliver your goods within 7 days of confirming acceptance of your order, any delivery date can only be a best estimate and time for delivery is not of the essence. Goods may need to be signed for on delivery.
14. The cost of delivery is charged in addition to the purchase price of the goods, to cover our postal and packing costs. We will clearly inform you of the delivery cost before you make payment with your order.
15. If we are unable to deliver the goods because you have provided an incorrect address, or no one was able to accept delivery on your behalf, or you refuse delivery, the risk in the goods will pass to you and you will be responsible for any costs for storing or any re-delivery of the goods.
16. If you have not received the goods within 7 days of confirmation of the order please contact [email protected] or telephone +44 (0)203 286 6824 between the hours of 0900 and 1700 GMT. Our liability for failure to deliver the goods is to provide replacement goods within a reasonable time or issue a refund for the value of the goods.
17 If goods are damaged during delivery you must notify us within 3 days of receipt of the goods by e-mailing us at [email protected] or telephoning +44 (0)203 286 6824 between the hours of 0900 and 1700 GMT and we will arrange to collect and replace the goods at no additional charge.
Cancellation and Returns
18. Consumer customers are entitled to cancel any order in accordance with their regulatory rights – please see Part 4 Paragraph (7A) below. Otherwise whilst our general policy is to refund dissatisfied customers, and to replace missing or damaged goods we will not be liable for defects in the goods unless you tell us of the defects within 7 days of the time you discover, or ought to have discovered, them and (if we so request) you return the goods to us at our expense so that we are given reasonable opportunity to examine the goods.
19. We will not be liable for any defect if the defect arises through your misuse or inappropriate storage of the goods.
20. If any of the goods have defects for which we are responsible, we will replace the goods or refund the price you have paid for the goods provided that, at our request, you have returned the defective goods to us.
21. IMPORTANT: The terms and conditions you agree to when you buy goods from this website also incorporate the general terms set out in Part Four below and you must also read them before buying goods from us.[Click here]
PART TWO - Services other than Referrals to the Educational Consultants service
22. We provide various services for you to purchase from this website. To order services from our websites you need to follow the ordering procedures set out on the order pages.
23. Your order is an offer to buy or subscribe for services from us under these conditions. Our confirmation of your order or our acceptance of your payment over the internet or otherwise is our acceptance of your offer.
24. It is your responsibility to ensure that all the details you enter on the order/subscription form are complete and correct.
25. All prices are quoted in pounds sterling and include VAT. The price for the service(s) is the price shown on our website when you pay for the service(s).
26. In the unlikely event that a price stated in your shopping basket is different from that stated elsewhere on the website, please contact us promptly at [email protected] or telephone us at +44 (0)203 286 6824 before completing your order and making payment.
Delivery of the Service
27. If for any reason we cannot supply the service(s) and subject to your request to waive any right of cancellation as a consumer to activate your subscription within fifteen days after you have made your order and paid for it, we will notify you by e-mail and will, unless you are happy to wait longer for us to supply you with the service(s), refund any money you have already paid.
28. In the unlikely event that any service(s) you have ordered is/are no longer available we will notify you by e-mail and will promptly refund any money you have paid.
29. Consumer customers are entitled to cancel any order in accordance with their regulatory rights – please see Part 4 Paragraph (7B) below. Otherwise whilst our general policy is to refund dissatisfied customers, we will not be liable for defective supply of the service(s) unless you tell us of the defects within 7 days of the time you discover, or ought to have discovered them and (if we so request) you provide us with a screenshot of the defective supply.
30. Our liability for our failure to deliver the service(s) to you is limited to delivering them within a reasonable time or to issue a refund of the price of the service(s).
Usage and Copyright
31 Your password, and your rights as a subscriber to access and print out the contents of The Good Schools Guide and the other information which we make available online ("the Information"), are personal to you and may not be sold or transferred.
32. If you are not a consumer you have no entitlement to share your subscriber facilities with anyone else. If you are a consumer you may not, without our express permission, make your subscriber facilities available to any person outside your immediate family, whether for gain or otherwise.
33. You are responsible for keeping and must keep your password secure, and, where you are a consumer, not allow it to become known outside your immediate family. You will be responsible for the acts and omissions of any of your immediate family in the utilisation of your password and access afforded as a result.
34. We reserve the right, in our absolute discretion, to disable or alter your password or to withdraw your rights of access if the pattern of usage on your account suggests that these conditions of access have been breached.
35. All copyrights and database rights are reserved. No part of the Information or content supplied to you may be reproduced, stored in or introduced into a network, or transmitted, in any form, or by any other means than for back up alone (and then only during the currency of any subscription) and (if a consumer)for your own personal use without our prior written permission.
36. Site licences are available for use on networks, or in facilities to which third parties have access; without such a site licence, any such use is prohibited. Any person who does any unauthorised copying in any medium or who attempts to gain or to permit others to gain unauthorised access to any content or program on this website may be liable to criminal prosecution and or civil claims for injunctive relief and or damages.
37. IMPORTANT: The terms and conditions you agree to when you buy services from this website also incorporate the General Terms set out in Part Four below and you must also read them before buying those services from us. [Click here]
The Education Consultants service
38. We provide access to an Education Consultants service through www.goodschoolsguide.co.uk and other websites. To use this service you are required to follow the procedure set out on the relevant web page. Any referral by us will be subject to these conditions, and any order/request from you for information or assistance under the Education Consultants service is an acknowledgement of that fact.
39. We will send you confirmation that we have received your order/request and will provide details of our referral. This confirmation is not an acceptance of your order.
40. We cannot enter into a contract on behalf of Consultants. We can only refer your order/request to a suitable Consultant. We will use our best endeavours to select the most appropriate Consultant for your needs on the basis of such information as you provide in your order/request.
41. There will be no contract between you and us in relation to the Education Consultants service. Any contract which is concluded will be between you and the Consultant to whom we, in our absolute discretion, refer you.
42. It is your responsibility to ensure that information that you provide us with is complete and correct. We will not be liable for any loss or damage that arises from you supplying incorrect or incomplete information.
Our Referral Service
43. We are responsible for referring your order/request to a Consultant as set out above. The Consultant is responsible for providing any advice. Such advice is given by the Consultant on their behalf as a separate legal entity and not as an agent or representative of Lucas Publications Limited in any way.
44. While our referred Consultants will share their experience and views with you, their advice is limited to suggesting schools which you might consider. Any decisions that you take on the schooling of your children should be based on your views and cumulative research and you should not rely solely upon the views and opinions you are supplied.
42. We shall recommend a Consultant to you in good faith.
43. All prices for the Education Consultants service are quoted in pounds sterling and include VAT where applicable.
44. The price for the service is that agreed for the service you choose and agree between you and the Consultant.
45. We may collect payment on behalf of the Consultant as their agent and such action shall not give rise to any contract between you and us.
46. We accept no responsibility for any advice given by the Consultant, and by accepting these terms and conditions you accept that your only course of action in respect of the education consultants service is against the Consultant.
47. If you have any complaint about any Consultant referred by us please notify us as well as the Consultant by copying any such complaint to us and sending it marked “confidential” to us either by email to [email protected] or by post to Lucas Publications Limited at 10 Greycoat Place London SW1P 1SB
48. The terms and conditions governing the use of the education consultants service referral incorporate the general terms set out in Part Five below.
PART FOUR – Data License
49. GSG refers to The Good Schools Guide.
50. Licensee is the organisation or individual purchasing a license for GSG Data.
51. Data means information supplied by the GSG about UK schools including but not limited to addresses, contact details, geographic location, pupil and performance information.
52. Restricted Commercial Use means the use of the Data to create products for the Licensee's own use but not licensing the Data to third parties or permitting it to be used by them.
53. In consideration of the Licensee agreeing the following terms and conditions, the GSG hereby grants to the Licensee a non-transferable non-exclusive licence to use the Data for Restricted Commercial Use (incorporating the restrictions below).
54. The Licensee shall
Pay the then-prevailing annual fee
Provide referral links to the GSG's websites from web pages it creates that use the Data but do not mention the name of a school, and link from any school name to the GSG’s page for that school.
55. The Licensee shall fully and prominently acknowledge the source of the Data as set out under paragraph 58 of these Terms and Conditions in any use it makes of the Data.
56. Licensee shall not use or permit the use of the Data by any third party.
57. This licence shall run for 12 months from the date of purchase. The GSG reserves the right to terminate this licence without notice if the Licensee is in breach of any of the conditions herein.
Intellectual Property and Warranty
58. This data contains public sector information licensed under the Open Government Licence v3.0.
59. The GSG retains all intellectual property rights in the Data it has created, including, but not limited to, all copyright, all future rights and all rights in the nature of copyright.
60. The licence granted to the Licensee operates as a permission only and does not imply any obligation or liability or any conditions, warranties or representations in relation to the accuracy of the Data on the part of the GSG.
61. The Licensee agrees to include the following acknowledgement in any publication or website making use of the Data: "Data provided by the Good Schools Guide, www.goodschoolsguide.co.uk. The Good Schools Guide accepts no responsibility for any inaccuracies or omissions in the data, nor for any loss or damage directly or indirectly caused to any person or body by reason of, or arising out of, any use of this data.” On a website the GSG URL should be provided as a link from this statement.
Communication with you
(1) We shall give you notice of any material matters by posting notices on the website and/or by sending email communications to you at the email address you have notified to us. Any notice that you need to give us in writing can be sent by email to [email protected] (which will be deemed to be received 24 hours after proof of e-delivery) or by first class or airmail post to 10 Greycoat Place, London, SW1P 1SB (which will be deemed to be received on the second working day after the date of posting if sent from the United Kingdom and on the fifth working day if from outside the United Kingdom).
(2) If you have any complaints or comments about our goods and services please contact [email protected]
Your Personal Information
(4) If you wish to be contacted for marketing purposes please indicate to that effect on our registration form If at any time you change your mind please email us at [email protected] or write to us at 10 Greycoat Place, London, SW1P 1SB, you can also adjust your preferences through your online My Account section.
(6) Any service or goods offered to you from this website are subject to your compliance with our Standard Terms and Conditions for Website Access, which you agree to when entering and using this website. You recognise that whilst we use reasonable technological measures to prevent unauthorised material being introduced onto our website and webserver, we unfortunately cannot guarantee that our on-line service will at all times be free from any virus malware or other unauthorised program and you are responsible for protecting your own server and or computer by use of appropriate software programs to prevent or impede the introduction of any such unauthorised programs.
(7) When your subscription has expired we will keep your details in our database so that we may prove our correct accounting for VAT and taxes during any subsequent inspection, and so that we can contact you occasionally to offer you products and services. Any such offer will contain an opportunity for you to request us to cease emailing you.
(8) We may contact you if you leave a school comment and we would like to follow up, or it doesn't comply with our Terms of Fair Comment
Right to cancel Part 1 and Part 2 sales/subscriptions by consumers resident in the European Economic Area
(7) If you are a consumer and wish to cancel your purchase or subscription for whatever reason, you must notify us by sending us a cancellation notice (we set out a specimen notice at the end of these terms which you can use) either by email to [email protected] or by first class mail /airmail to 10 Greycoat Place, London, SW1P 1SB. The following will then apply:
A. Physical Goods
If you cancel this agreement, prior to dispatch of goods, you will be entitled to a refund which we will make within 15 days of the date on which you give us your cancellation notice.
If you cancel this agreement after dispatch of the goods, you will, subject to the following paras. 3 to 10, be entitled to a refund which we will make within 15 days of the date on which you give us your cancellation notice.
Save for the purpose of ascertaining the nature characteristics and function of the goods, goods must be returned unused and unread by you as the consumer to 10 Greycoat Place London SW1P 1SB within 14 days following the date you give us your cancellation notice, with the original packaging, and they should be adequately insured during the return journey.
Provided the goods are unused and unread you will receive within 14 days following receipt of the returned goods by us a refund of all monies paid for the goods (including insurance credit card processing and delivery charges, if any) except for return postal charges and delivery costs above a standard delivery charge.
Goods to be returned should include our Order number with the packaging.
If you fail to return the goods following cancellation, we shall be entitled at our option to deduct or offset the cost (not to exceed the cost of the goods credit card charges and delivery charges) of recovering the goods from you.
You are under a duty to take proper care of the goods and not to use or read them before they have been despatched for return or recovered as the case may be.
Where returned goods are found to be damaged due to your fault you will be liable for the loss of value due to the damage.
If you fail to observe these requirements you will be liable for any loss up to the full value of the goods +costs of processing the sale and delivery which we suffer as a result.
You must arrange to return the goods at your own expense. That expense will be refunded to you if the goods are free from defect
B. On-Line Services
You may cancel any on-line service or subscription by sending us a cancellation notice at any time up to 14 days after you have made your purchase. If you do so you will be entitled to a refund which we will make within 15 days of the date on which you give us your cancellation notice.
The supply of your service will commence at the end of the cancellation period unless you ask us to supply it promptly but in that case you will not be entitled to a refund for the services used in that fourteen day period.
You are under a duty to not to begin, alternatively to cease to use any service which you have been supplied after you have sent us your cancellation notice and we reserve the right to discontinue any connection to such service as appropriate.
- You may cancel any purchase of Aptimore User Membership or any Services and claim a refund from Aptimore for any reason within 14 working days of your purchase (except as set out in 1 and 2). You may do this by returning or completing the cancellation form and returning it to us by email or post, or by sending an email to us clearly setting out your request with details that will allow us easily to identify your payment transaction. However, you will lose your right to a refund as soon as you:
- in the case of User Membership, complete your personal questionnaire; and/or
- in the case of any other Services, when you first use or access that Services.
Delay in performance – Force Majeure
(8) If we are prevented from carrying on our business due to circumstances beyond our reasonable control, including act of God, national or local government action, power or communications failures, cyberattack, strikes, war, riot or civil commotion
we may defer delivery of any of our goods for a period of up to 90 days. If the interruption continues beyond 90 days either party may cancel the contract and we shall refund you with any payment you have made for the undeliverable goods.
If we are prevented from providing you with on-line services, we will (if the interruption lasts for longer than 7 days in any one year) extend your subscription by twice the length of the interruption. If the interruption lasts for more than 14 days in any one year you may give us notice to cancel this agreement; and we will refund the unexpired part of your subscription.
Limitation of Our Liability
(9) Save in the event of death or personal injury caused by our negligent act or omission, or any fraudulent misrepresentation for which we are responsible, we shall not liable for any loss, damage, expenses or costs of whatever nature
caused by or arising from any delay in the delivery of or defect in the goods in excess of the price of the goods you have bought together with standard delivery charges, if any; or
caused by any defect in the services supplied in excess of the price of the service(s) you have bought and or any subscription charge you have paid for the then current period, if any.
(10) These terms and conditions do not displace the statutory entitlements of consumers within the European Economic Area. Save in that respect all other implied terms conditions and warranties are hereby excluded to the fullest extent permitted by law.
No Waiver and no 3rd Party Rights
(11) If we do not immediately follow up on any breach of any of these terms by you it cannot be taken as a waiver of our entitlements in connection with that or any subsequent breach of the same or any other terms by you.
(12) No person other than the purchaser of any of our goods or services or a subscriber to our services is entitled to enforce these terms and the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.
Governing Law and jurisdiction
(13) The contract (including its formation these terms and their construction) between you and us is governed by English Law.
(14) The English Courts have non-exclusive jurisdiction over disputes between us and consumers resident in the European Economic Area.
(15) The Eastbourne County Court has exclusive jurisdiction of disputes between us and all non-consumer parties
TO LUCAS PUBLICATIONS LIMITED
From [ ] of [ ]
[And][ ] of [ ]
(here state your name in capitals) (here state your address).
I/We (as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract reference number:
Updated May 2018