Nessy

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE CREATING A NESSY ACCOUNT OR PURCHASING FROM NESSY. BY REGISTERING OR PURCHASING YOU AGREE TO THESE TERMS AND CONDITIONS.

A Nessy Account

You create a Nessy Account when you purchase or register. Creation of a Nessy Account will require you to enter some personal information including your name and a valid email. You will receive a confirmation email with the Secret Word used to log in. Parents, including those who home school, are required to have an individual Nessy account and not to share the same account with other parents. A school must have an individual Nessy account and not to share the same account with other schools. A school is defined as an educational institution providing a learning environment for students under the direction of teachers. A private tutor, home school parent or home school group is not regarded as a school for the purposes of this definition. A professional private practice providing educational services and registered as a company or charity, is regarded as a school under this definition.

How is Nessy complying with data protection regulations?

Nessy complies with GDPR and has a clear privacy policy which is displayed wherever personal data is captured. The privacy policy details the data collected and how it is used. Nessy acts as a data processor and the school or parent acts as the data controller.  It is the responsibility of the school to ensure parental permission for a student to use the Nessy platform has been given. The Nessy Parent Portal gives parents the choice of consenting and the option to remove that consent. A verifiable record of this consent is maintained. The steps that we have been taking to protect data and restrictions upon how that data is shared are outlined in the privacy policy.

Registering For a Free Trial

By registering for a trial there is no obligation to purchase but you agree to be contacted by Nessy. A free trial is available one time only and the same person or school may not register for another trial under a different email. Registering as a parent limits the trial to a single player per account. Registering as a school limits the trial to 30 players. Home schools or private tutors are required to register as a parent. If you no longer wish to receive emails from Nessy then this will require the deletion of the registered account.

About a Nessy Subscription

Each Nessy Subscription requires an individual purchase which must be made from Nessy.com. A Nessy Subscription can be played both at home and school by logging in with the Nessy Account email and password. You may not use a Nessy Subscription if you do not have an active subscription. You may not share, transfer, resell, or assign your Nessy Subscription or any of the licences which are part of the subscription.

A Nessy subscription will automatically renew at the end of the subscription period. Nessy will send a renewal reminder prior to the expiration, giving the subscriber the opportunity to cancel before renewal. The renewal amount may be different from the initial cost.

Monthly Recurring Payments

Selecting to pay ‘monthly’ means you agree to be automatically charged each month thereafter until you cancel it. It is your responsibility to stop this recurring payment. If not cancelled, you will be charged each month on the calendar day corresponding to the day you made the first order. A recurring payment can be cancelled up to 3 business days prior to the date the payment is scheduled to take place. To cancel a PayPal Recurring Payment, log into your PayPal account, access the “Profile” tab, click the “My money” tab, then “My Pre-Approved Payments” link, select ‘Nessy Learning’ and follow the instructions to cancel. If you forgot to cancel the payment and wish to be refunded please contact Nessy customer support. Once refunded, your Nessy account will be disabled. Credit card payments may not automatically renew each month depending upon the card issuer.

Purchase Securely

At Nessy we take your security very seriously and make your use of Nessy.com and the Nessy Subscription as safe as possible. When you checkout and pay for your products you temporarily leave our website and are transferred to online ordering services powered by PayPal or Stripe. No PayPal account is necessary to make a purchase. When payment is complete you are returned to our website and your subscription will become active, ready for immediate use. No credit or debit card details are stored nor do we share customer details with any 3rd parties.

Purchase Orders

Ordering using a Purchase Order is available for UK Schools only. Please supply a valid email to enable the creation of a Nessy Account and allow 24 hours for the purchase order to be reviewed and approved. Upon approval you will receive email confirmation and a 30-day invoice. Access to the Nessy Subscription will be suspended for unpaid invoices falling outside the 30-day term.

Refunds and Cancellations

You may cancel your order up to 14 days from the date of purchase. Refunds are usually processed the same day but allow up to 14 days under the Consumer Contracts Regulations. Access to a cancelled subscription will be stopped as soon as the refund is processed. Physical goods must be returned at the buyers own expense and must be in good condition. A refund will be processed upon the day they are received.

Where a subscription has automatically renewed and the customer no longer wishes to continue the subscription, a full refund will be issued upon meeting the condition that the program subscribed to has not been used since the renewal.

Using Nessy.com and a Nessy Subscription

Harassment in any manner or form, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Nessy or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Delivery

Orders for physical products placed before 3pm will be dispatched within 3-5 working days by 1st class Royal Mail. Items dispatched in the UK should be received within 7-10 days. For orders going outside the UK allow up to 14 working days for delivery.

Warranty

All our products undergo extensive testing. However, Nessy does not warrant that the operation of your Nessy Subscription will be uninterrupted or error-free or that defects will be corrected. From time to time your Nessy Subscription will be unavailable to enable Nessy to implement essential maintenance and improvements. All the materials and services of nessy.com are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Nessy disclaims all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nessy does not represent or warrant that the functions contained in the site or the server that makes the site available are free of viruses or other harmful components. Nessy does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some nation states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Liability

To the maximum extent permitted by law, Nessy excludes liability for any loss or damage of any kind arising out of your use of nessy.com, or any information, data, materials or other items you obtained from us, including without limitation any direct, indirect, punitive or consequential damages whether or not such arises out of any problem you notify to Nessy and Nessy shall have no liability to pay any money by way of compensation.

Ending a Nessy Subscription

Nessy shall be entitled to terminate your subscription and immediately remove, cancel or suspend access to and use of nessy.com for any reason, including if Nessy believes that you have failed to comply with any part of these Terms, if nessy.com is bought by another company, or for any other reason. A terminated subscription will not be refunded.

Technical Requirements

The Nessy Subscription requires an up-to-date web browser and internet access. Cookies need to be enabled for the website domain nessy.com

Support

Please visit nessy.com and click the ‘Help’ item at the bottom of the screen to find common solutions to technical problems. For email support please contact help@nessy.com or call us at +1 432 704-1717. Calls are charged at your standard providers rate.

Ownership

Nessy owns all materials that appear on this website including, but not limited to, any trademarks, trade names, slogans, logos, designs, graphics, pictures, images, text, images, code or other materials, (hereafter called the “Content”) including all copyright, trademark, patent, moral rights, and other intellectual property rights thereto is copyrighted as a collective work under the laws of the United States and United Kingdom and other international intellectual property laws, and is the property of Nessy. All such rights of Nessy are hereby asserted and reserved, and you may not make any unauthorised use of the Content, including using the Content in a way that is likely to cause confusion among consumers, using content in a commercial manner, or otherwise infringing on Nessy’s rights.

Typographical Errors

In the event that a Nessy Subscription is mistakenly listed at an incorrect price, Nessy reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.

Participation Disclaimer

Nessy does not and cannot review all communications and materials posted to or created by users accessing the Website and the Application and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content, Nessy is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nessy reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Nessy Learning Limited in its sole discretion.

Updates to the Terms

Nessy reserves the right to change the benefits available under the subscription at any time without any notice to you. Nessy may make alterations to these Terms from time to time. These changes shall become effective immediately as soon as they are posted on Nessy.com

Governing law and jurisdiction

All Nessy terms and conditions shall be governed and construed in accordance with the laws of England and Wales to comply with distance selling and e-commerce regulations. If you live in any other country, the laws of that country apply.

Software as a streaming service

The Nessy platform is a streaming service. No software is downloaded although cookies and pages may be temporally cached in the Internet browser to improve the program loading speeds and performance. Where free promotional resources are made available as a download this  is provided ‘as is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of fitness for a purpose, or the warranty of non-infringement. The use of software streamed from the Nessy platform is done at your own discretion and risk and with agreement that you will be solely responsible for any damage to your computer system or loss of data, loss of use, loss of profits, or any special, punitive, incidental, indirect or consequential damages of any kind through the use of this software.

Agreement to these terms is conditional for use of Nessy.com or the Nessy platform

Nessy.com and all associated activities is an online service operated by Nessy Learning Limited. These terms and conditions apply to all and any use of nessy.com and the Nessy platform. If you use nessy.com or the Nessy Platform, or let your children use them, you agree to be bound by these Terms. If you do not accept these Terms, you should not use nessy.com or the Nessy platform. By completing a purchase, registering for a trial or by using nessy.com or the Nessy platform, you confirm that you agree to these Terms. If you don’t agree, do not use nessy.com or the Nessy platform, do not purchase a Nessy Subscription or register for a trial, or access any subscription benefits, which include any associated software.