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Terms and conditions

Numerise is a new way to build confidence in maths at home. Personalised just for you, a few short sessions will help you stay up to speed with maths whether you are in year 7 or have just started your GCSE course.

There are three categories of Numerise users:

  • Unsupported learners: users who are at least 13 years old and have created their own Numerise account;
  • Supported learners: users who are under 18 years old whose Numerise account has been created for them by a supporting adult; and
  • Supporting adults: users who are at least 18 years old and have created a Numerise account for their supported learner(s).

At your request, Sparx is pleased to grant access to Numerise to you (if you are are an unsupported learner) or you and your supported learner (if you are a supporting adult) on the terms and conditions below and in accordance with our privacy notice (Privacy Notice) (which is an important part of our terms and is incorporated into our terms accordingly) (Terms).

In our Terms, you and your refer to you (if you are an unsupported learner) and you and/or your supported learner (if you are a supporting adult) as the context requires.

Important:

  • Please read our Terms carefully as these are the terms and conditions on which we provide you with access to Numerise.
  • Our Terms tell you who we are, how we will provide Numerise to you, how you and we may change or end your subscription, what to do if there is a problem and other important information.
  • Your use of Numerise constitutes your agreement to our Terms. If you do not agree to our Terms, you should not use Numerise.
  • Consumer rights legislation applies to your use of Numerise. Information about your rights is set out below under ‘Your consumer rights’.

If you would like to receive our Terms in another format (for example, audio, large print, braille), please contact us using the contact details set out below under ‘Who we are and how to contact us’.

Table of Contents:

  • Key terms
  • Who we are and how to contact us
  • Age restriction
  • Trial period
  • Subscription
  • Payment
  • Cancellation
  • Our responsibilities
  • Your responsibilities
  • Use restrictions
  • Availability
  • Our liability to you
  • Your consumer rights
  • Complaints
  • Intellectual property rights
  • Your personal information
  • Information security
  • Other important terms
  • Changes to our Terms

Terms

Key terms

The information below summarises some of our key Terms. However, you should read our Terms carefully and in full before subscribing to access Numerise.

  • Numerise is owned and operated by Sparx Limited.
  • You will be given a 14 day free unrestricted trial of Numerise plus 2 free lessons at the end of the 14 day free trial to help you decide if you wish to sign up for a paid subscription. You are not committed to taking out a paid subscription.
  • If you sign up for a paid subscription, you will pay a monthly or annual subscription fee. There are no hidden charges or additional features that you will need to pay for.
  • To ensure that your learning is not interrupted, a paid subscription will continue on a rolling monthly or annual basis until it is cancelled.
  • You can cancel your paid subscription at any time but will not receive a refund for any partial subscription period.
  • Your paid subscription will not be automatically cancelled due to non-use of Numerise.
  • You must only use Numerise for personal and non-commercial use.
  • If you breach our Terms, we may suspend or revoke your access to Numerise and/or terminate your Subscription immediately.
  • Sparx is not liable if improvements to your maths ability are not made. Ultimately learning outcomes are your responsibility.
  • Numerise is entirely created by or for Sparx and we own all rights in it. Except for access or as otherwise set out in our Terms, you do not have any rights in respect of Numerise.
  • By using Numerise, you acknowledge that we will use your personal information in accordance with our Privacy Notice.
Who we are and how to contact us

Numerise is owned and operated by Sparx Limited (Sparx, we, our or us). Sparx is a company incorporated in England and Wales with company number 07907042. Our registered office is at Oxygen House, Grenadier Road, Exeter Business Park, Exeter, Devon EX1 3LH and our VAT number is 130167354. We are registered with the Information Commissioner’s Office under registered number ZA006725.

You can contact us about Numerise by:

  • logging into your Numerise account (Account), clicking ‘Contact us’ and submitting your query;
  • emailing [email protected]; or
  • writing to us at Numerise, Sparx Limited, Oxygen House, Grenadier Road, Exeter Business Park, Exeter, Devon EX1 3LH.

We aim to respond to queries submitted via your Account and emails within 2 working days and to written queries within 10 working days.

If we have to contact you, we may do so by writing to you at the email address provided to us when you create your Account or by telephone where you have provided a contact telephone number to us.

Age restriction

Unsupported learners must be at least 13 years old to create an Account. Supporting adults must be at least 18 years old to create an Account for their supported learner(s).

Where you are a supporting adult who has created an Account for your supported learner(s), you:

  • will supervise your supported learner(s) as you consider appropriate when they are using Numerise; and
  • are responsible for the actions of your supported learner(s) when they are using Numerise, including their compliance with our Terms.
Trial period

After creating your Account (including your first supported learner Account where you are a supporting adult who has created an Account for your supported learner(s)), you will be given access to Numerise for a 14 day free unrestricted trial of Numerise plus 2 free lessons at the end of the 14 day free trial (Trial). This allows you to consider whether you wish to sign up for a paid subscription to use Numerise (Subscription). You are not committed to sign up for a Subscription.

We reserve the right to limit eligibility for or the duration of the Trial in appropriate circumstances (for example, to prevent the Trial from being abused).

Subscription

If you wish to sign up for a Subscription, you will need to follow the steps in your Account to choose a subscription package (monthly or annual), confirm your country of residence and postcode and provide your payment details for the applicable monthly or annual subscription fee. Please carefully check the information you have provided before you confirm your Subscription.

If you do not wish to sign up for a Subscription, you will not be able to access Numerise once the Trial has finished. You can change your mind and sign up for a Subscription in the future by logging into your Account and following the process described above.

From time to time, we may offer promotional pricing or discounts which will be subject to additional terms or restrictions. These will only apply for the period specified and your subscription fee will return to the usual amount depending on the Subscription type that you have chosen at the end of the promotional or discount period.

All subscription fees must be paid in pounds sterling. VAT will be charged at the applicable rate. There are no hidden charges or additional features to pay for once you have signed up for your Subscription.

We will provide you with access to Numerise until your Subscription expires, you end your Subscription as described below under ‘Cancellation’ or we end your Subscription as described below under ‘Use restrictions’.

All subscription fees must be paid when they fall due. Your access to Numerise may be suspended where your subscription fee is overdue or your payment cannot be authorised until such time as it is paid or your payment is authorised. We may also suspend access to or close your Account to protect you from identity theft or other fraudulent activity.

Our subscription plans and fees are reviewed annually. We will propose any changes to your subscription plan or fee at least one month in advance of your next payment falling due. You have the option to cancel your Subscription if you do not agree to any subscription plan or fee changes.

Please note that your Subscription is not transferable by or exclusive to you.

Payment

We accept payment by credit or debit card (Visa, Mastercard or American Express) only. All payments need to be authorised by the relevant card issuer. We may also need to use extra security steps. You can update your payment information in your Account. If you are not the card holder, you confirm that you have the card holder’s permission to pay for your Subscription using their card. We do not accept cash, cheques or any other forms of payment.

If you wish to pay monthly, we will charge the subscription fee for your first month’s Subscription on the date on which your Subscription begins (monthly payment date) and on the same date in each subsequent month. Unless you cancel your Subscription before your next monthly payment date, you authorise us to charge the subscription fee for the next month’s Subscription to your chosen payment method on your next monthly payment date. You will receive an email confirmation after each successful monthly payment.

If you wish to pay annually, we will charge the subscription fee for your first year’s Subscription on the date on which your Subscription begins (annual payment date). Unless you cancel your Subscription before your next annual payment date, you authorise us to charge the subscription fee for the next year’s Subscription to your chosen payment method on your next annual payment date. You will receive an email confirmation after each successful annual payment.

We will use reasonable efforts to ensure that the information you give us when paying for your Subscription is secure by using a third party encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with our Terms or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any payment information that you give us via our chosen payment mechanism. To avoid a third party gaining unauthorised access to any information that you provide to us, we recommend that you install appropriate anti-virus software on any device which is used to access Numerise.

You may change your Subscription (for example by changing your monthly Subscription to an annual Subscription or vice versa) or view your billing history in your Account.

Cancellation

Your Subscription will continue on a rolling monthly or annual basis until it is cancelled. This ensures that your learning will not be interrupted unless you wish to stop using Numerise.

You can cancel your Subscription at any time by contacting us via your Account or emailing [email protected]. Your access to Numerise will cease on your next payment date. Please note that:

  • we do not provide refunds for any partial subscription periods or unused Numerise content; and
  • your Subscription will not be automatically cancelled due to non-use of Numerise. You must cancel your Subscription in the manner specified above.

If you cancel your Subscription, it will not affect our right to receive any money which you owe to us under our Terms.

You can change your mind and sign up for a Subscription again in the future by logging into your Account and following the process described under ‘Subscription’ above. Your progress when using Numerise will be saved for one year, so you will be able to pick up on your learning where you left off if you reactivate your Subscription within this period.

Our responsibilities

Sparx will:

  • (subject to our Terms) make Numerise available to you via your Account, initially for the Trial and then on an ongoing basis where you have taken out a Subscription; and
  • provide remote technical support during normal working hours (9am to 5pm, Monday to Friday excluding bank holidays).

Sparx may delete, modify, change, evolve and improve Numerise content at any time. However, we will give you reasonable notice of any material changes to the functionality and features of Numerise (provided that Numerise shall always match the description of it that we provided to you before you took out your Subscription).

Sparx may monitor your use of Numerise so we can see how you have been using Numerise, help us answer any questions you may have and ensure you are complying with our Terms.

Your responsibilities

You are responsible for:

  • your actions (including, where you are a supporting adult, the actions of your supported learner(s)) in connection with your use of Numerise or your Account more generally, including your learning outcomes;
  • your own costs associated with accessing Numerise (for example, device equipment costs and internet access charges);
  • taking your own precautions to ensure that your devices which are used to access Numerise are protected against viruses or other forms of cyber-attack;
  • following any technical recommendations or guidance issued by us from time to time to ensure you have the best experience when using Numerise;
  • keeping your personal and payment information provided during our subscription process up to date; and
  • notifying us as soon as you can if you suspect any unauthorised use of or access to your Account.
Use restrictions

You agree that you shall:

  • only use Numerise for personal and non-commercial use;
  • keep your Account secure and not provide access to your Account to anyone else;
  • not download, reproduce or change any Numerise content or materials (for example, you are not allowed to adapt, reverse-engineer or decompile it or combine or merge it with any other content or materials) or provide any Numerise content or materials to anyone else; and
  • not use Numerise in any manner that we deem to be inappropriate, illegal or immoral.

If you breach these use restrictions or any other Terms, we may suspend or revoke your access to Numerise and/or terminate your subscription immediately.

Availability

We will do our best to ensure that access to Numerise is available 24/7 (other than during planned maintenance windows outside of normal working hours or due to issues not within our control) and will provide sufficient capacity and bandwidth in our system environment to allow for all normal use demands. We will notify you as soon as possible if your access to Numerise is or is likely to be affected by planned or unplanned maintenance or otherwise due to issues not within our control.

Your access to Numerise may be suspended at any time for reasons outside of our control or ended as set out above under ‘Subscription’, ‘Cancellation’ and ‘Use restrictions’. We have no liability to you in the event of a suspension (or, if applicable, termination) of access:

  • to deal with technical problems or to make minor technical changes;
  • to update Numerise to reflect changes in applicable laws and regulations;
  • arising due to issues not within control;
  • where you have not paid your subscription fee when due; or
  • we become aware of a breach of our use restrictions or our Terms more generally.
Our liability to you

Except for any legal responsibility that cannot be excluded in law (such as for death, personal injury or fraud) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

  • losses that were not foreseeable to you and us when your Subscription started or that were not caused by any breach on our part (including indirect or consequential losses and loss of profit or opportunity);
  • business losses or losses to non-consumers; or
  • data loss.

Our liability to you for any direct losses (i.e. losses that are directly caused by something we have done) you suffer in respect of Numerise which are not otherwise restricted or excluded by our Terms is limited to an amount equal to the total amount paid by you in respect of your Subscription in the 12 months before your losses arose.

You agree that you are solely responsible for the results obtained from your use of Numerise and for any conclusions you draw from such use. Sparx shall not be liable to you if improvements to your maths ability are not made. Ultimately learning outcomes are your responsibility. Whilst we do not believe that you will want to, you are free to cancel your Subscription if you do not feel that you are making enough progress by using Numerise.

Our Terms capture, in detail, the whole of our relationship relating to Numerise. No representations, conditions, warranties or other terms of any kind which are not set out in our Terms are given in respect of Numerise, and all statutory warranties and conditions are excluded to the fullest extent possible. Whilst we have taken a great deal of care to produce our Numerise content, we are not responsible for any errors or omissions in it.

Your consumer rights

Consumer rights legislation (including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) (Consumer Rights Legislation) gives you certain legal rights, for example that the digital content comprising Numerise is of satisfactory quality, fit for purpose and matches its description. Sparx must provide you with digital content that complies with your legal rights. Nothing in our Terms affects your rights under the Consumer Rights Legislation. You may also have other legal rights.

When we supply Numerise:

  • we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
  • we do not promise that it is compatible with any third-party software or equipment; and
  • you acknowledge that there may be minor errors or bugs in it.

Please contact us if you believe Numerise to be faulty. If Numerise is found to be faulty, you are entitled to a repair or replacement. If the fault cannot be fixed or if it has not been fixed without a reasonable time and without significant inconvenience, you may be entitled to a partial or full refund. If you can show that Numerise has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation. This is a summary of some of your key consumer rights. Further information is available from Citizens Advice and Which?.

Complaints

Please contact us as soon as possible if you are unhappy with any aspect of Numerise. We will try to resolve your complaint quickly and efficiently.

In the unlikely event that we have been unable to resolve your complaint satisfactorily, we would suggest that the matter is resolved via mediation organised by CEDR, an independent body If you wish to bring legal proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to your Subscription, our Terms or any other matter in dispute between us and our Terms shall be interpreted and governed by the laws of England.

Intellectual property rights

Numerise is entirely created by or for Sparx and we own all rights in it. This includes (without limitation) all rights to our content (including our questions and videos), our technical architecture and infrastructure, our databases, code and algorithms, the usage data (as described in our Privacy Notice) and all trade marks, service marks, graphics and logos used in connection with Numerise. Except for access or as otherwise set out in our Terms, you do not have any rights of ownership or other rights (of whatever nature) in respect of Numerise.

Your personal information

To use Numerise, you need to provide us with certain personal information relating to you and, where you are a supporting adult, you and your supported learner(s). We will use that information to provide Numerise to you and undertake our research. By using Numerise, you acknowledge that we will use your personal information (including that of your supported learner(s), where applicable) in accordance with our Privacy Notice.

Information security

Information security comes first with us, and Numerise has been designed with this at its heart. In particular:

  • we have obtained a Cyber Essentials certification;
  • we conduct regular penetration testing to make sure that our system has robust security; and
  • we have appointed a Data Protection Officer who is responsible for ensuring that your privacy is respected.

Further information is provided in our Privacy Notice.

Other important terms

We may transfer your Subscription and/or our rights and obligations under our Terms to someone else. We will tell you if this happens and ensure that any such transfer will not affect your rights under our Terms.

Except where we have transferred your Subscription as set out above, no one other than you and us has any right to enforce any term of our Terms.

If a court finds any part of our Terms invalid, unenforceable or illegal for any reason, the rest will continue in full force and effect.

Even if we delay in enforcing any of our rights in our Terms, we can still enforce them later.

Changes to our Terms

We may revise our Terms from time to time. We will provide you with a copy of our updated Terms whenever changes are made. The changes will not be retroactive, and the most current version of our Terms will apply. By continuing to use Numerise, you will be bound by the most current version of our Terms.