These user terms and conditions ("Terms and Conditions") may be updated by Us from time to time without notice to You. We will post any revisions to these Terms and Conditions on this page and We will also indicate at the top of this page the date that these Terms and Conditions were last revised.

By browsing and using www.thefluencyfactory.co.uk, You are agreeing to comply with and be bound by the following Terms and Conditions of use, which govern the relationship between You and Manic Street Teachers.

Your use of the service or this Website after any revisions have been made constitutes Your acceptance of the new Terms and Conditions. If You do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or this Website. It is Your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to consider such changes.

You should print a copy of these Terms and Conditions for future reference and You should also regularly revisit the Terms and Conditions on the Website for purposes of noting whether or not revisions have been made.

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1. Who We Are
1.1 The Fluency Factory is a product of and by Manic Street Teachers.

1.2. The term "The Fluency Factory", "We" and "Us", shall mean Manic Street Teachers, the owner of this Website. The term "You", "Yourself" and "Your" refers to the user or viewer of this Website.

1.3. Manic Street Teachers is the Data Controller within the definition of the General Data Protection Regulation (GDPR).

2. The Services
2.1 Manic Street Teachers is a provider of high-quality teaching resources - we call this the 'Service'. Our resources are primarily accessed via our online platform/Website.

2.2 Manic Street Teachers provides a range of resource membership services upon payment of a fee as specified on the Website or chargeable in some other way may be purchased. We call this the ‘Membership Service’.

2.3 We reserve the right to change pricing and or availability in respect of any of the services in this clause for any reason and without notice.

2.4 Manic Street Teachers is not responsible for non-delivery or technical limitations of the end user for any reason in respect of any of the services in this clause.

3. Member Accounts
3.1 Certain aspects of the Services may require You to register and provide information about Yourself. You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the relevant registration form contained on the Website (such information being the Registration Data) and (b) maintain and promptly update the Registration Data (by emailing Us) to keep it true, accurate, current and complete and We shall not be liable for any loss suffered by Your non-compliance with this provision.

3.2 Your privacy is important to us. You can find additional information in our Privacy Policy.

3.3 Your member account is strictly for your school use only and you may not use your account to download and print for anyone else outside your school.

3.4 Your Member account is subject to an acceptable use policy, and user accounts are monitored.

4. Indemnity
4.1 You agree to indemnify, defend and hold Manic Street Teachers and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by Manic Street Teachers.

5. Special warning for international use
5.1 The Website is designed to be compliant with the applicable laws and regulations of England and Wales. Due to the global nature of the Internet, users from all over the world will have access to the Website, however if you are resident in a country outside of the United Kingdom you use the Website at your own risk.
 

6. Content problems
6.1 If you object to the publication of any material placed in any area of the Website, please let us know by emailing: info@manicstreetteachers.co.uk

6.2 If you object to anything on the Website, please let us know by sending an email to info@manicstreetteachers.co.uk and we will take whatever action we deem appropriate.

6.3 Manic Street Teachers will always immediately correct content where mistakes are found, but We do not guarantee the accuracy of any content provided, and it is for You to verify and be satisfied with the material you download. Manic Street Teachers provides an information service and You accept that We take no responsibility for the way You use the information you download.

 

6.4 Some of the resources hyperlink to external websites. Please contact us if there is an error or you object to a link. We cannot take responsibility for where this link lands but we will continuously check and amend where necessary. You are responsible for checking any external links prior to using the resource.

7. General practices regarding use and storage
7.1 You acknowledge that Manic Street Teachers may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message postings or other uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.

7.2 You agree that Manic Street Teachers has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
 

7.3 You acknowledge that Manic Street Teachers reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

8. Modifications to service
8.1 Manic Street Teachers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

8.2 You agree that Manic Street Teachers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. Termination
9.1 You agree that Manic Street Teachers, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Manic Street Teachers believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.

9.2 Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Manic Street Teachers’ only remedy and Manic Street Teachers may take any other action we reasonably deem appropriate in connection with such breach.

10. Dealing with advertisers and other suppliers
10.1 Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

10.2 To the fullest extent permitted by applicable law, you agree that: (a) Manic Street Teachers shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the Website, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service or the Website are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.

11. Links to other websites or resources
11.1 The Service may provide, or third parties may provide, links to other websites or resources. As Manic Street Teachers has no control over these sites and resources, you acknowledge and agree that Manic Street Teachers is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

11.2 You acknowledge and agree that Manic Street Teachers shall not be responsible or liable, directly or indirectly, for any damage or loss 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.

12. Use of Manic Street Teachers materials
12.1 All articles, information and other materials presented on the Website are subject to copyright, trademark right and/or other intellectual property right owned by or licensed to Manic Street Teachers. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Website or any resources therein without Manic Street Teachers’ written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.

12.2 You acknowledge that all materials You receive from us remain the property of Manic Street Teachers in perpetuity.

12.3 Manic Street Teachers strictly forbids the use of any scripted or otherwise automated method of content or website access.

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12.4 Where copyrighted materials from book extracts have been used, commercial use has been sought and approved by publishers. These works remain the copyright of these publishers and must not be used by other means without approval.

13. Disclaimers
13.1 You expressly acknowledge and agree that:

• The content of the pages of the Website is for your general information and use only. It is subject to change without notice.

• Your use of the Service is at your sole risk. Manic Street Teachers has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Manic Street Teachers for any errors, omissions or inaccurate information on the Website or available through the Service.

• Neither Manic Street Teachers nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.

• The Website and our resources may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Manic Street Teachers endorses the website(s) and Manic Street Teachers has no responsibility for the content of the linked website(s).

• The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice.

• Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

• No advice or information, whether oral or written, obtained by you from Manic Street Teachers shall create any warranty or other obligation not expressly stated in these Terms and Conditions.

 

14. Availability of the Website
14.1 Manic Street Teachers has an excellent record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free and Manic Street Teachers therefore accepts no liability for its unavailability.

14.2 You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.

15. Limitations of liability
15.1 Manic Street Teachers Limited's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited to the greater of: (a) £80 or (b) the price paid by you to Manic Street Teachers under any Contract during the 3 months preceding the event giving rise to the claim.

15.2 You expressly acknowledge and agree that Manic Street Teachers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if Manic Street Teachers has been advised of the possibility of such damage.

15.3 Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of Manic Street Teachers.

16. Events outside of our control
16.1 Manic Street Teachers will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions or any Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action.

• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

• Impossibility of the use of public or private telecommunications networks.

• The acts, decrees, legislation, regulations or restrictions of any government.

• Viruses and cyber attacks

• Power or other failure affecting any part of our servers, premises or any other part of our service

 

16.2 Manic Street Teachers’ performance under any Terms and Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms and Conditions or any Contract may be performed despite the Force Majeure Event.

17. Membership Service Acceptable Use Policy
17.1 The Membership Service is designed to allow individual users to download teaching resources for their own needs. Collectively, The Fluency Factory website construction and resource collection has taken years to create.

17.2 The Membership Service is subject to an acceptable use policy, and user accounts are monitored. Manic Street Teachers considers that no user would reasonably need to download more than 100 resources per calendar month and accounts exceeding this download level are subject to review.

17.3 The Membership Service allows the Manic Street Teachers community to support the hard work of the Manic Street Teachers staff.

17.4 If the service(s) provided are not what You ordered We shall have no liability to You unless You notify Us in writing at our contact address/email of the problem within 5 working days of the delivery of the service in question.

17.5 If You notify a problem to Us under clause above, our only obligation will be, at Your option:

17.6 to make good any shortage or non-delivery;

17.7 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Us under this contract and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the relevant order.

17.8 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Services from our site. The importation or exportation of certain goods may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products under the service You purchase.

18. Intellectual property
18.1 The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Manic Street Teachers or other third party licensors. All product and company names and logos mentioned in our Website are the trademarks, service marks or trading names of their respective owners including us.

18.2 Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of Manic Street Teachers.

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18.3 Where copyrighted materials from book extracts have been used, commercial use has been sought and approved by publishers. These works remain the copyright of these publishers and must not be used by other means without approval.

19. Notices
19.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from You to Us must be in writing and sent to our contact address at Manic Street Teachers, 14 Brookside Road, Ruddington, Nottingham NG11 6AW

19.2 Notices from Us to You may be in writing or electronic format (to include both email and notice via the Website).

20. Invalidity
20.1 If any part of these Terms and Conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.

21. Privacy
21.1 You acknowledge and agree to be bound by the terms of our Privacy Policy.

22. Third party rights
22.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

23. Entire agreement
23.1 These Terms and Conditions, together with our current Website prices, details and privacy policy, set out the whole of our agreement relating to the supply of the Services to You by Us.

24. Waiver
24.1 No delay or failure by Manic Street Teachers to exercise any of its powers, rights or remedies under this agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.

25. Governing law
25.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

25.2 Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales and You hereby consent to this jurisdiction.

26. The Fluency Factory  Membership for Schools
26.1 The Fluency Factory Membership accounts are also subject to our Schools Terms and Conditions.

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26.2 All school subscriptions are valid for one year and will need to be renewed one year after the initial purchase to continue having access to the resources. We will set timely reminders 30 days, 7 days and 1 day before the expiry date to remind schools to renew.

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26.3 We reserve the right to increase or decrease the cost of Paid Plans when we choose to without notice.

27. Manic Street Teachers Subscription Offers and Competitions
27.1 All competitions or offers coordinated by Manic Street Teachers on official social media accounts will make clear what any offer includes, who is able to participate, how to participate and when said competitions begins and ends. Any entries that do not meet these requirements will not be entered into any promotion.

27.2 Promotions by Manic Street Teachers staff will give specific restrictions and conditions of entry for each offer in the launching of any competition. Manic Street Teachers staff operating the promotions will be available to answer questions and clarify the terms of entry for any potential entries.

27.3 Any given conditions of entry will be made clear before or at the time of entry for prize draws, discount opportunities or offer codes. These conditions will remain accessible through the period of the promotion.

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Last revised by Manic Street Teachers - July 2024