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for the Sale of Goods and the Provision of Services by Lucas Publications Ltd on this Website

INTRODUCTION

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 from our website.
  • Part Two sets out the terms and conditions you agree to when you buy services from our website
  • Part Three sets out  an outline of terms and conditions applicable if you wish to make use of our Education Consultants service.
  • 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 English registered company No. 03509671 (“We” “us”), of 4/4a Bloomsbury Square, London, WC1A 2RP United Kingdom and are contactable by email at [email protected] and by telephone at +44(0) 203 286 6824.  Our registered office is at Bennett House the Dean Alresford Hants SO24 9BH

3. We are the supplier of goods and services purchased or ordered 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 the educational establishments we feature. The information and guidance we offer should be interpreted based on your own individual child’s and your own family’s needs.

6. Our relationship with you

You accept that by buying our products and services supplied to you or by ordering an Education Consultants Service through 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.
  • 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.

Order

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.

Price

10. All prices are quoted in pounds sterling. 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.

Delivery

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.

Other

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 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.

Order

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.

Price

25. All prices are quoted in pounds sterling. 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.

Other

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]

PART THREE

The Education Consultants service – Standard Service

38. We provide an Education Consultants service through www.goodschoolsguide.co.uk.

39. Our standard Education Consultants services will be subject to these conditions and those set out in Part 5 below.  Please read them carefully,

40. If you wish to use any of our standard services your use will be subject to these conditions. And You should contact us at [email protected]. Or you can call us on 0800 3687964 (UK) or +44203 286 6824 (International)  Any order/request you place with us thereafter for information or assistance under the Education Consultants standard service is an acknowledgement  that these conditions govern out relationship with you for our Education Consultancy standard services.  If you are in any doubt as to our and your respective obligations you should ask us first before engaging with us on these terms.

41. All prices for the Education Consultants standard services are quoted in pounds sterling inclusive of VAT (where applicable).

42. All sums will be invoiced by us to you and must be paid to us – Lucas Publications Limited.  No sums of whatever nature shall be paid or offered by you or anyone on your behalf to any of our Consultants

43. Additional services shall be the subject of additional express written agreement between us  and prices for specific or bespoke services shall be those we quote in advance and agree between you and us at the time in a bespoke agreement with you to supply the service(s).

44 We will send you confirmation that we have received your order/request. This confirmation is not an acceptance of your order.  We shall next engage with you either by email or by telephone to establish in outline the needs of any child for whom you are responsible and your own needs.  In some instances we may be unable to help (or to help best) you or your child and we shall let you know promptly before you have contracted with us to deliver any services.   

41. We engage a team of experienced consultants.  We will use our best endeavours to select and appoint the most appropriate Consultant for your child’s and your needs on the basis of such information as you provide both in your order/request and your initial phone or email contact with us. The appointed Consultant is engaged and at all times instructed by us to deliver the services you request based upon the information which you supply to us.

44. You warrant to us before undertaking any Education Consultants service standard or otherwise -and we shall be expressly relying on your warranties that

            (a) you are over 18 years of age- We will not contract with a minor.

(b)you are the parent or lawful guardian of any child in respect of whom you ask us to provide any advice with regard to that child’s education or educational needs; and

            (c) you will provide us with a full history of that child’s upbringing and education including academic social and medical history up to the date of the contract; and

            (d) you will provide us upon request with details of that child’s interactions with you any siblings or other close relatives friends or school peers of that child which may be relevant to that child’s educational needs; and 

(e) you understand and recognise that in delivering our service we regard the needs of that child as being the most important aspect of our delivery of our services; and

(f) all answers you give to our questions will be full and truthful; and

(g) if before commencement or during the provision of services to you and so soon as you become aware that any information relating to or concerning that child has become inaccurate you will immediately tell us the correct up to date position

45. It is your responsibility to ensure both before contracting with us and at all times after agreeing terms with us that all the information that you provide us both in relation to yourself(ves) and any child for whom you are responsible is complete correct and up to date.  We will not be liable for any loss or damage that arises from you supplying incomplete incorrect or outdated  information whether about yourself(ves) or the child for whom you are responsible and where we ourselves have not been careless.

46.We shall then send you an email [or letter] setting out the service(s), you are asking us to provide for you, for you to check, and if you are happy to approve them, to return to us with your express written approval under your own email cover. 

Our contract with you using the Education Consultants’ service must be in writing and we (Lucas Publications Limited) are the contracting party with you. .  The provision of our services will start once we receive both your written approval of the requested service on these terms and payment of the fees quoted for the service(s) which you have approved.

47. None of our Consultants is authorised to accept any instructions from you.  Each Consultant works to a remit given by us appropriate to your requests and order for the particular service you have approved at the outset, together as the case may be with any further services you may request from time to time during your engagement with us. 

48. We are responsible for our provision of the Education Consultants service and for the advice given and interaction with you by our Consultants in the authorised and ordinary course of their duties.

49. While we provide our appointed Consultant’s experience and views to you, that Consultant’s advice is initially limited to suggesting schools or another educational option which you might consider for any child for whom you are responsible.  Nevertheless any decisions that you take on the schooling of that child should be based on your views and cumulative research of which our Education Consultants’ service is but a part and you should not rely solely upon the views and opinions we supply you. 

50. You may ask us to provide that Consultant to carry out additional services for you and your child(ren) but

(a) we reserve the right to accept your instructions to us either by appointing that Consultant or another Consultant as we determine is likely to produce the best outcome for your child(ren), or (b) to decline to accept those further instructions.  

If we accept your request to provide additional services you and we shall enter into a specific written agreement to cover that supply.

51. Each Consultant we appoint to advise you is selected by us in good faith.  If at any time during that appointment you feel that there is a lack of understanding or empathy concerning the service you have asked us to provide, please promptly let us know and we shall first investigate your concerns and report back to you, and if necessary endeavour to appoint an alternative Consultant either to continue and or complete delivery of that service.

.

Other

52. The terms and conditions governing the use of our Education Consultants service  incorporate the general terms set out in Part Five below.

 

PART FOUR – Data License

Definitions

53. GSG refers to The Good Schools Guide.

54. Licensee is the organisation or individual purchasing a license for GSG Data.

55. Data means information supplied by the GSG about UK schools including but not limited to addresses, contact details, geographic location, pupil and performance information.

56. 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.

License

57. 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).

58. The Licensee shall

  1. Pay the then-prevailing annual fee
  2. 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.

59. 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.

60. Licensee shall not use or permit the use of the Data by any third party.

61. 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

62. This data contains public sector information licensed under the Open Government Licence v3.0.

63. 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.

64. 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.

65. 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.

PART FIVE - General Terms

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 4/4a Bloomsbury Square, London, WC1A 2RP (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

(3) By using this Website you authorise us to use, store or process any information that you provide, including your email, name and address for customer services, administration payment and marketing purposes. We also use cookies to collect information about your use of our system and your buying behaviour.

(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 The Good Schools Guide, 4/4a Bloomsbury Square, London, WC1A 2RP, you can also adjust your preferences through your online My Account section.

(5) You must ensure that any information you provide us is accurate and complete. For more information on how we deal with your personal information, and your right to view the information held, please read our The Good Schools Guide privacy policy.

(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

(9) 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 The Good Schools Guide, 4/4a Bloomsbury Square, London, WC1A 2RP. The following will then apply:

A. Physical Goods

  1. 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.
  2. 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.
  3. 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 The Good Schools Guide, 4/4a Bloomsbury Square, London, WC1A 2RP 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.
  4. 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.
  5. Goods to be returned should include our Order number with the packaging.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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.
  3. 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.

C. Aptimore

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:

  1. in the case of User Membership, complete your personal questionnaire; and/or
  2. in the case of any other Services, when you first use or access that Services.

D.    Right to cancel Part 3  Education Consultants Services Contracts by consumers resident in the European Economic Area

 

  1. You may cancel any written contract for the supply of Education Consultants’ Services by sending us a cancellation notice at any time up to 14 days after you have signed and returned the written agreement to us. If under that agreement you have already paid a fee to us 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.
  2. 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 up to the costs of the services you have received in that fourteen day period.
  3. You are under a duty to not to begin, alternatively to cease to use our Education Consultants’ Service after you have sent us your cancellation notice and we reserve the right to discontinue any connection between you and the relevant Consultant(s) as appropriate.

 

Delay in performance – Force Majeure

(10) 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.
  • If any delay affects the delivery of a standard  Education Consultants service through no cause for which you are responsible for a continuous period exceeding 60 days you may ask for your contract to be terminated and for a refund of any part of your fee which has not already been committed by us .

Limitation of Our Liability

(11) 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 provision of the on-line services (other than the Education Consultants’ service) 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; or
  • in respect of any provision of a Education Consultants standard services above and beyond 4 x the fee charged for that standard service
  • in respect of any provision of an Education Consultants Service which is bespoke as expressly provided for in the contract for provision of that special or bespoke service

(12) These terms and conditions do not displace the statutory entitlements afforded by English Law from time to time to 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

(13) 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.

(14) Other than as anticipated by any Education Consultants Service contract in respect of any minor who is to be benefitted thereby 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

(15) The contract (including its formation these terms and their construction) entered into between you and us is governed by English Law.

(16)

16.1     The English Courts have non-exclusive jurisdiction over disputes between us and consumers resident in the European Economic Area.

16.2     The English Courts have exclusive jurisdiction over disputes between us and consumers resident outside the European Economic Area

16.2     The Hastings County Court has exclusive jurisdiction of disputes between us and all non-consumer parties

(17  By accepting our goods or services as the case may be you are expressly accepting the relevant jurisdiction term applicable to you.

 

CANCELLATION NOTICE

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:

[                                   ]

Signed                                                       Date

Signed                                                       Date

Updated May 2018

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