Terms and conditions
This Agreement details the licence we grant you and governs your use of the Fiction Express subscription service (the "Service"). By accessing the Service, you are agreeing either yourself or on behalf of your establishment to the terms that appear below whether you or your establishment have purchased or another party, for example your Local Authority, is paying for the subscription.
1. Provision of Service
1.1 The Fiction Express website (the "Site"), www.fictionexpress.co.uk, and the Service are owned by Boolino Ltd (company number 10305431), whose registered office is at Dalton House, 60 Windsor Avenue, London SW19 2RR, UK.
1.2 We offer a Free Trial zone to allow you to experience in detail the Service without any cost. If you decide to subscribe to Fiction Express you will receive full access to the Service following payment. Boolino Ltd agrees to provide you with reasonable support by telephone or email during normal working hours for the purpose of assisting you to maintain your access to the Site.
1.3 You acknowledge that you have provided Boolino Ltd with accurate and complete registration information and that it is your responsibility to update Boolino Ltd of any changes to that information (including your email address) via the user panel on the Site.
1.4 These terms and conditions (including any documents referred to within them) contain all the terms on which we provide the Service to you. They supersede any prior promises, representations, undertakings or implications made.
1.5 Where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.
1.6 Access to the Service is only provided to you on condition that either you pay the Fee (if you are an individual member) or you are a duly authorized employee of an institution that has paid the Fee.
1.7 Your Subscription begins on the day that we send an email notification from Boolino Ltd. It is your own responsibility to ensure that the details are passed on to the relevant person or persons at your school or library to facilitate access to the site.
1.8 The fee for your subscription (the "Fee") is calculated annually on the anniversary of the start of your subscription (unless otherwise stated) and payable by such method of payment as Boolino Ltd requests. Boolino Ltd shall be under no obligation to provide the Service until the Fee has been paid. Your subscription will renew automatically unless you confirm that you do not wish it to do so, and you agree to make payment of the Fee for the subsequent year. If you fail to pay the Fee for any subsequent year Boolino Ltd may suspend your access to the Service until your Fee is paid.
1.9 On registration of your school/organisation you choose a resource manager within your entity who will be responsible to give access to additional users (teachers). Each teacher, who is granted access to the resource, manages its own classes and students through his/her teacher panel. You are responsible for all use of the Service in relation to your subscription and for preventing unauthorised use. All users must be part of your organisation, i.e. head teacher, teachers and students. You must ensure that any user who uses the Service under your subscription complies with the terms of this Agreement and all reasonable user terms made available on the Site.
1.10 You may not rent or lease access to the Service and you may not provide access to third parties outside the organisation that is subscribed to the Service (or allow any other unauthorized person to provide access).
1.11 If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your access date, you must notify Boolino Ltd immediately by emailing email@example.com.
1.12 If Boolino Ltd reasonably believes that your subscription to the Service is being used in any way which is not permitted by this Agreement, Boolino Ltd reserves the right to cancel access rights immediately on giving notice to you and to block your establishment’s access to the Site.
1.13 Subscription is for a whole school/organisation site licence, which allows you to have unlimited access by all teachers and students from your organisation at any time and in any place on any Internet-connected device e.g. whiteboards, laptops, tablets, smartphones etc.
1.14 The basic Fiction Express subscription (“Fiction Express Live”) includes access to the following content and features:
- Eighteen interactive “live” e-books per school year (six e-books per term), each delivered in five weekly chapters published by on our website www.fictionexpress.co.uk.
- Individual or class vote by all registered users on the options at the end of each chapter.
- Online reading comprehension questions at the end of each chapter.
- Weekly teachers’ notes and guidance for all registered teachers.
- Teacher dashboard to track student’s activity (reading, voting, comprehension questions).
- During the 5-week “live-period” of each book, access to the microblog to share ideas and comment with the author.
- 1.15 In addition, you can subscribe to our premium level “Fiction Express Gold Reader” to get access to more than 80 books previously published on the platform where readers can compare their vote against the option that won when the book was initially written. These books also include teacher resources (although the format might differ from the “Live” books) and online reading comprehension questions.
2. Rights to Boolino Ltd’ material
You may not use Fiction Express information, data, names, pictures, logotypes or icons (“Materials”) from the Fiction Express website if it is not clear from the website that this is permitted. This means that you cannot copy, distribute, disseminate, sell, publish, send or otherwise circulate those Materials to another person, or in any way commercially exploit any of the content, without the written consent of Boolino Ltd. Nor may you change, revise or replace any of the Material found on the website, either in its entirety or parts thereof.
Boolino Ltd will use its reasonable skill in making the Service available to you and in ensuring its continuing availability during your Subscription. However, because of the nature of the Internet and computer software and hardware, errors and omissions do occur and Boolino Ltd does not give any other warranties in respect of the Service. In particular, you should not take the accuracy of the information for granted and Boolino Ltd makes no warranty that the Site is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this Agreement to the extent that they may be excluded as a matter of law.
4. Limitation of Liability
4.1 Boolino Ltd will use its reasonable endeavours to resolve faults in the Service during the Subscription. You agree that your only recovery for damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur up to an amount equivalent to the Fee actually paid or payable in relation to your use for the relevant term of the Service. Where you are still in any trial period, your only remedy will be to terminate your use of the Service.
4.2 To the maximum extent permitted by applicable law, in no event shall Boolino Ltd be liable for any damages which arise out of the use or inability to use the Service (including, without limitation, damages for the loss of business profits, business interruptions, loss of business information, or other pecuniary loss), even if Boolino Ltd has been advised of the possibility of such damages. In any event, Boolino Ltd’ entire liability to you under this Agreement or with regard to the Service shall be limited to the amount actually paid for the Service.
5.4 In order to register and participate as a member of Boolino Ltd, we might ask teachers to provide us with the following personal data:
- Full name
- E-mail address
- Telephone number
- Name of your establishment
- Address of your establishment
- Telephone number of your establishment
- Billing address for your establishment
5.5 In order to register and participate as a member of Boolino Ltd, we might ask teachers to provide us with the following personal student data:
- full name
- class name
These details are taken solely for the purpose of identifying each student to provide access to the Service.
5.6 By providing Boolino Ltd with personal data as defined in clause 5.4 above, to the extent permitted by law, you give Boolino Ltd permission to use the personal data to send out information to your e-mail address. For example, you will receive a welcome email when you join and weekly emails with relevant information about the new chapters to be published. Emails will also be sent to you prior to the expiry of your subscription. These emails are required for logistical purposes and users cannot opt-out of these at any time. Boolino Ltd will also send you a newsletter containing information, such as news, details of website updates, competitions and special offers.
5.7 Boolino Ltd agrees not to sell or transfer your personal data to a third party. An exception is if all or essentially all resources of Boolino Ltd, that is to say, the entire website, are acquired by another company (a so-called acquisition of assets and liabilities). In that case, the personal data required in order to continue to operate Boolino Ltd are acquired by the buyer.
5.8 It can happen that Boolino Ltd comes to rely on other companies in order to carry out various tasks such as, for example, help with marketing, the performing of technical services for our websites, etc. These companies can in certain cases gain access to personal data which they need in order to complete an assignment for Boolino Ltd. Boolino Ltd. treats all personal data with the greatest care and signs agreements with other companies which mean that they can only use your data in order to complete the assignment for Fiction Express.
5.9 The same applies in those cases where Boolino Ltd co-operates with another company to provide you with interesting offers. Such companies do not have access to your personal data other than for assisting Boolino Ltd with its mailings, banner marketing and the like which you have given Boolino Ltd permission to by this agreement. Such companies will not have the right to retain and use the data for any other purposes than the assignment for Fiction Express.
5.10 Boolino Ltd stores personal data gathered from members for such period as is prescribed by applicable law. During this period personal data are only used to the extent permitted by these terms and by applicable law as well as for the security of members. Boolino Ltd reserves the right to disclose your personal data as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our site.
6. Questions concerning personal data and revoking approval
6.1 In order to be able to offer the best possible user experience on Boolino Ltd, we need to be able to store personal information about you (so-called personal data) and to be able to communicate with you as a member.
6.2 Therefore, if you do not allow us to process personal data about you, we cannot handle your membership. For this reason, we ask you to cancel your membership by emailing us at firstname.lastname@example.org if you do not wish to allow us to process your personal data.
6.3 If you want to know what information Boolino Ltd has about you or have other questions about your personal data or that of your students, you can email us at email@example.com.
6.4 If you connect to www.fictionexpress.co.uk , we may keep a record of that correspondence.
6.5 The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
6.6 Account information for Fiction Express subscribers are password-protected so that you and only you have access to this personal information. You may edit your account information on the user panel on the Site.
6.7 We recommend that you do not divulge your password to anyone. It is your responsibility to ensure that students at your establishment keep their passwords secure. Boolino Ltd will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember (and remind your students) to sign out of your Fiction Express account and close your browser window when you have finished your activities when using a public computer. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place such as a library.
6.8 Under no circumstances shall Boolino Ltd be liable for any damages, including, but not limited to, indirect, special, incidental, consequential or exemplary damages, that result from the use of the information or materials posted to or collected as a result of the user's accessing the Site or use of the Service, even if Boolino Ltd has been advised of the possibility of such damages.
6.11 You must not use the Fiction Express website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
7. Suspension and cancellation of membership
7.1 Boolino Ltd has the right to cancel your Fiction Express subscription and close your account if you violate this agreement or the regulations on Fiction Express’ website. We can also close your account if you fail to pay the Fee for your Subscription within the credit terms specified on your invoice.
7.2 When your membership is cancelled, whatever time remains on your Fiction Express membership subscription is forfeited.
8. User contributions
8.1 Boolino Ltd may invite you to make, share or submit your own, or your students’, original stories, illustrations or other contributions. These Terms set out the rules governing how you do so and how Boolino Ltd may use your contribution.
8.2 Any copyright in your or your students’ contribution will remain with you or your student. In this agreement you give Boolino Ltd the right to use the material in your or your students’ contribution in any way it may reasonably choose on a free-of-charge basis for an unlimited time throughout the world and irrespective of the medium used, that is, whether on the Internet, on TV or through mobile distribution, etc. This means that you give Boolino Ltd the right to use, copy, present, reproduce, display, edit, integrate, license as well as distribute that material which you have created. You also allow Boolino Ltd to use the name that you submit in connection with such content, if they choose. These rights of Boolino Ltd apply to both commercial and non-commercial use.
8.3 You confirm that your or your students’ contribution is your or your students’ own original work, is not defamatory or unlawful and does not infringe anyone else’s rights (including privacy rights) and that it complies with the Terms. You also confirm that your contribution is made in your or your students’ personal (rather than business) capacity and that such contribution does not unfairly promote or further any business activities and has not been contributed for commercial gain. You also confirm that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16, and that your students have the consent of their parent/guardian to agree to these Terms if they are under 16.
8.4 The Site contains a book forum within which users can post contributions. All user contributions will be reviewed. These Terms set out the rules governing the use of the Fiction Express book forum.
8.4.1 You warrant that the content you and your students submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or otherwise illegal. You agree that neither you nor your students will (i) post content which is deliberately intended to upset or harm other users; (ii) use the Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.
8.4.2 Boolino Ltd reserves the right to to delete any contribution or postings, for example if they suspect that the post may breach the terms above.
8.4.3 Boolino Ltd assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Site.
8.5 Boolino Ltd may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects.
8.6 If you do not want to grant Boolino Ltd permission to use your or your students’ contributions in accordance with the Terms, please do not share with or submit them to Boolino Ltd.
9. Choice-of-law and jurisdiction
Subject to local mandatory law, this agreement is regulated and interpreted according to the laws in the United Kingdom and the courts in the United Kingdom will have exclusive jurisdiction. If any part of this agreement should be considered invalid, this will not affect the validity of the remaining sections of the agreement.
10. Limitation of liability and disclaimer of warranty
10.1 Boolino Ltd decides solely on the content of the Fiction Express website and reserves its right to develop, delete, amend and otherwise make changes to the website without any prior notice to you or other members. Potential errors on the website are taken care of as soon as possible, but Boolino Ltd does not guarantee that the Fiction Express website always works.
10.2 You use the Fiction Express website at your own risk. Boolino Ltd does not warrant the accuracy or timeliness of the website.
10.3 All submissions by you or other members are solely the expressions of the sender and Boolino Ltd cannot be held responsible or liable for the content in such submissions. All content on the Fiction Express website, including without limitation third party content, submissions and any information or material contained on the websites, are provided to you on an “as is” basis with no warranties of any kind. Boolino Ltd, neither by itself or its licensors, agencies or other representatives, makes no express, implied or statutory representations, warranties or guarantees in connection with the Fiction Express website, including without limitation the Boolino Ltd content and third party content. Boolino Ltd does not provide any warranties against viruses, spyware or malware that may be installed on your computer.
11. Links to third party websites
12. Prices and delivery
12.1 Fiction Express has the right to determine the prices and other terms of sale on the website itself and to change them.
12.2 We accept payment by BACs and cheque. For EU residents VAT is included in accordance with currently applicable tax legislation. This will be displayed along with the price.
13. Additional information
If you have any question concerning these terms you may contact Boolino Ltd through the ‘Contact’ page on the website, or by emailing firstname.lastname@example.org or by letter to: Boolino Ltd, Travessera de Gracia 47-49, 08021 Barcelona, Spain, or by telephone on +44 (0) 1584 878632.
Fiction Express is a trading name of Boolino Ltd, a subsidiary of Boolino SL
Registered No: 10305431
Registered office address: Dalton House, 60 Windsor Avenue, London SW19 2RR
Place of registration: London
DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE ABOVE CONDITIONS!