Legal

Privacy policy

A message from Jon Seaton, Twinkl's CEO, about our commitment to your security and privacy. 

At Twinkl, your trust means everything to us. That’s why we respect your privacy, protect it with commercial encryption and ensure that there are strict policies that govern how all data is handled.

We believe in telling you up front exactly what’s going to happen to your personal information and asking for your permission before you share it with us. And if you change your mind later, we make it easy to stop sharing with us. When we do ask to use your data, it’s to provide you with a better user experience and to be even more helpful to you.

Daily site scans for vulnerabilities and malware/viruses are undertaken by a leading specialist third party, Norton, and we have passed Extended Validation vetting checks designed to verify, and provide assurance, to our users of the legitimacy of our website and business. You can verify our current Secure Site status anywhere on the site where you see the Norton Site Seal.

Our business model is very straightforward: we sell beautifully designed and unique products, and we rely on you to purchase from us. We don’t build a profile based on your web browsing habits to sell to advertisers. Our website and services are designed to make the site experience and our teaching materials, better. Plain and simple.

Our commitment to protecting your privacy comes from the fact that Twinkl is a unique business – driven by teachers, for teachers. We know that your trust doesn’t come easily. That’s why we have and always will work as hard as we can to earn and keep it.

We ask that you continue to support and promote our hard work and beautiful teaching materials and we will continue to support you in every way we can. We care about you. We care about the children you teach and the path that education is taking. We’re here to support and fight with you in every step of that journey – that’s our promise.

Jon

Last revised on 30th January 2019

We ask that you read this Privacy Policy carefully as it contains important details about what personal data Twinkl Ltd. (also referred to as "we," "us" or "our") collects and processes when you use our services, including the choices we offer you to access, maintain and control it.

1. Your Twinkl Account and Service Data

1.1. When you register for and use our services or sign up to our competitions or free giveaways, we will collect and process your personal data, supplied by you, in order to be able to provide our services, competitions, giveaways, prizes and gifts to you.  Below is a table to inform you clearly of:

1. What personal data we collect on registration;
2. The purposes for processing;
3. The lawful basis for processing;

1.2. We may also collect additional personal data if you supply it to us, become a paid subscriber or contact us. The consequences of not supplying this personal data may be that you cannot benefit from all of the services that you have signed up for, or that the services we provide to you will not be as customised, effective or secure. Below is a table to inform you clearly of:

1. What personal data we may collect;
2. The purposes for processing;
3. The lawful basis for processing;

1.3. Where legitimate interest is the lawful basis of processing your personal data, the legitimate interests we are pursuing are as follows: -

• Providing you any products or services you have requested;
• Analysing your use and measuring the effectiveness of our services to better understand how they are being used so we can improve them and engage and retain users;
• Sending you information about our products, events and services, special offers and similar information (where your consent is not required);
• To enable and support our recruitment of employees and sub-contractors;
• Analysing your use of our services and interaction with our communications, to tailor and customize our services and marketing communications;
• Diagnosing problems in our services;
• Conducting surveys and market research about our customers, their interests, the effectiveness of our marketing campaigns, and customer satisfaction (unless we need consent to undertake such surveys, in which case we will only do this with your permission);
• Investigating and responding to any comments or complaints that you may send us;
• In connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of information in connection with legal process or litigation).

1.4. Where contractual and legal obligations are the lawful basis of processing your personal data, the consequence of failing to provide your personal data will be that we are unable to provide our service to you.

1.5 We may process information relating to you where this has been provided by an employer or through our online school referral service. To illustrate, your employer may have provided us with your work contact details so that we can communicate with you and set up your school account; or your email may have been provided to our school referral service by someone who thought our service may be of interest to you and your school. In each case, we will provide you with the appropriate details from where we obtained your personal data in accordance with data protection laws.   

2. Your Twinkl Service Usage Data

2.1. When you interact and make use of our services, we may capture and process usage data and may use this data to provide rewards and incentives either randomly or as part of a programme and we may publicly publish your success in achieving these rewards or incentives. This data is ultimately processed with the purpose of delivering reliable, secure and accurate services and to consistently enhance, improve and optimise your experience of using our services. We do not sell this data to third parties. Our legal basis for this processing is that of legitimate interest.Examples include: IP address; browser type and version; operating system used; website speed, website navigation paths and actions; and patterns of service use.

3. Sharing Your Personal Data

3.1. We will disclose your personal data to our employees to enable them to process your data.

3.2. Your personal data may also be disclosed to other companies in the Twinkl group, and to our agents, sub-contractors, data processors and suppliers (3rd parties) to enable them to process your personal data on our behalf.

3.2. When we supply any of your personal data to our agents, sub-contractors, data processors and suppliers (3rd parties), we protect your personal data by ensuring reasonable contractual arrangements are in place that stipulate compliance with this Privacy Policy.

4. Marketing and Product Preferences

4.1. We may use account, service and usage data to provide you with information about our products and services. Our purpose is to provide you with a service to help meet your needs. Our lawful basis for processing this data is consent. You are free to withdraw your consent at any time. The consequences might be however, that we cannot offer you certain things, such as offers and promotions or resource alerts, which may be beneficial to you.

4.2.  You may change your preferences or opt-out at any time by either accessing ‘Your Contact Preferences’ within your Twinkl account or by unsubscribing from Twinkl marketing emails by using the 'unsubscribe' link at the end of the email received. Please note that as a Twinkl user or subscriber you are unable to unsubscribe from customer service emails (such as service updates) as these are required to provide our service to you and the lawful basis of processing is contractual or legitimate interests depending on the circumstances.

4.3. If you have signed up for a competition or free gift without being a service subscriber, you may opt-out at any time by using the unsubscribe link at the end of the email received. 

5. Our Use Of Cookies and Stored Device Data

5.1. A cookie is a small text file that is downloaded onto a computer or smartphone when the user accesses a website. It allows the website to store and retrieve information about how the device is using the website.

5.2. The Twinkl website uses cookies and stored device data for the following purposes:

- to ensure the correct technical functionality of the services we provide and optimise global performance - for example, to help you find the most relevant content and get that content to you quickly and accurately;

•  to maintain website security, prevent website abuse and ensure legislative/regulatory compliance - for example, to prevent cyber-attacks;
• to compile, and enrich, internal business data regarding website traffic and activity - for example, to help us to understand our most popular website pages, visit sources and time-of-day traffic;
• to advertise Twinkl services to you across our website and on 3rd party websites - for example, to market and remarket Twinkl products and services to you using Google Adwords when using Google Search;
• to help to improve our services to you and better meet your future needs - for example, to understand your needs and preferences so as to improve your website experience.

5.3.    If at any point you wish to withdraw consent for the use of cookies you can clear these from your browser by clearing your website history and configure your browser to block cookies. Some of our website features may not function correctly and/or you may not receive the best website experience if you disable/do not consent to the use of cookies. You can control cookies relating to Google Adwords here:

Remarket link = https://support.google.com/adwords/answer/1752338 

Adword link = https://adssettings.google.com/authenticated 

5.4 We use Adwords re-marketing to attract you back to our website with content that may be of interest to you. To do this we advertise using Google search and Google recommended websites. Google uses cookies to track your activity and show you adverts that may be of interest to you and they use this data to show you relevant messages. You are able to opt out of Google using cookies by visiting Google's Ads Settings or third-party vendors.

5.5 We use the reCAPTCHA v3 service provided by Google Inc. (Google). This service checks if you are a person in order to prevent spam and abuse of our website. The service places a cookie on your computer that communicates information such as how many mouse clicks you have made, what other Google cookies you have on your computer and the language your browser is set to verify that you are a person, not a robot. Your use of reCAPTCHA v3 is subject to Google's Privacy Policy and Terms of Use. 

6. How We Protect Your Personal Data

6.1. We have put in place a number of security procedures and technical organisational measures to safeguard your personal data. These measures are reviewed regularly and updated when necessary in order for us to meet business needs and in accordance with changes in technology and regulatory requirements.

Examples of procedures and technical and organisational measures:

• We train and take steps to ensure our employees operate in accordance with our information security policies, procedures and applicable contractual conditions.

• We have measures in place to protect against accidental loss and unauthorised access, use, destruction or disclosure of data. Some examples are: staff screening, encryption and hashing; firewalling and content filtering; virus/malware scanning and protection; vulnerability scanning; multi-factor authentication; pseudonymization; logging, monitoring, inventory and auditing; secure design; privacy impact assessments, physical security controls; system authentication/role-based access control, high availability configuration and regular backups.

• We have a business continuity and disaster recovery strategy that is designed to safeguard the continuity of Twinkl’s service and to protect you and your data.

6.2. We will use all reasonable efforts to safeguard your personal data. However, you should be aware that the use of the Internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data which is transferred from you or to you via the Internet.

Overseas Transfers

7.1. The personal data you provide may be transferred to countries outside the European Economic Area ('EEA') that do not have similar protections in place regarding your data and restrictions on its use as set out in this Privacy Policy. However, transfers outside of the EEA will be protected by us imposing appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission to ensure the security of your data or via, independent privacy schemes approved by regulators (like the US ‘Privacy Shield Scheme).

7.2. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein. By submitting your data, you consent to these transfers for the purposes specified above.

8. Your Rights Under Applicable Data Protection Law

8.1. Your rights in respect to how we process your personal data are set out in the table below. Please note that some of these rights only apply in certain circumstances.

8.2. We respect and value your right to access and control your data. You can exercise your rights, subject to appropriate identity verification procedures, in the following ways:

• - By amending your data or consent within your Service account area;
• - By contacting our TwinklCares customer services team using httlis://www.twinkl.co.uk/contact-us;
• - By sending a letter to The Data Protection Officer, Twinkl Global HQ, Wards Exchange, 195-199 Ecclesall Road, Sheffield, S11 8HW, United Kingdom

8.3. We take your rights seriously and want you to feel confident that we are handling your personal data responsibly and in line with good practice. You can seek further information, or raise a concern to us using any of the following ways:

• By contacting our TwinklCares customer services team using https://www.twinkl.co.uk/contact-us;
• By sending a letter to The Data Protection Officer, Twinkl Global HQ, Wards Exchange, 195-199 Ecclesall Road, Sheffield, S11 8HW, United Kingdom

9. Data Retention

9.1. We retain personal data for as long as we reasonably require it for legal or business purposes. When determining data retention periods, we take into consideration applicable laws, contractual obligations and the expectations and requirements of our customers. When we no longer need personal data, we securely delete or destroy it.

9.2. If you have signed up for competitions and/or free giveaways and are not registered for and use our services, data will be retained for 30 days after the prizes or giveaways have been dispatched unless you have consented to being contacted for more information on Twinkl services or for receiving marketing emails. 

10. Sale Of Business

10.1. If Twinkl Ltd. is sold or integrated with another business your personal data may be disclosed to our advisers, or any prospective purchasers and their advisers, and will be passed on to the new owners of the business.

11. Your Consent

11.1. By using or interacting with our service, or by signing up to competitions and free giveaways, you are consenting to:

• the use of cookies and other technologies;
• the transfer of your data outside of the country where you live;
• the transfer of your data outside of the European Economic Area;
• the collection, use, sharing, and other processing of your information as described in this Privacy Policy.

11.2. In each case, you consent to the processing of data by Twinkl Ltd., as data controller. If you don't agree with the terms of this Privacy Policy, then please don't use our service.

11.3. Where the lawful basis of processing your data is consent, you have the right to withdraw your consent at any time. To withdraw your consent, please contact our Data Protection Officer using the details below.

12. Identify and Contact Details of the Data Controller and Data Protection Officer

12.1. Twinkl Ltd. of Wards Exchange, 195-199 Ecclesall Road, Sheffield, S11 8HW is the Data Controller. You can contact the Data Controller using a variety of methods found here: https://www.twinkl.co.uk/contact-us. Our Data Protection Officer can be contacted at the address of the Data Controller or by email at dpo@twinkl.co.uk.

13. Changes to this Policy

13.1. We keep this policy under regular review. If we change the content of our Privacy Policy we will post the changes on this page.

Copyright

By downloading any resources from Twinkl (whether free or Premium), you agree to the following:

If you have any questions about our copyright policy, or to discuss any of the above, please email us: copyright@twinkl.co.uk.

Please note that we take the copying of any part of our resources very seriously, given that we invest heavily in our team to produce the highest quality resources.

Terms and conditions

Last revised on 2 September 2019 

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.twinkl.co.uk - or any Twinkl geographical domain - (the 'Website' which shall include the placing of orders and subscriptions), You are agreeing to comply with and be bound by the following Terms and Conditions of use, which govern the relationship between You and Twinkl Limited.

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.

1. Who we are

1.1 Twinkl is the trading name of Twinkl Limited of Wards Exchange, 195-199 Ecclesall Road, Sheffield, S11 8HW, United Kingdom. Twinkl Limited is registered in England and Wales under company no. 07201458.

1.2. The term "Twinkl", "We" and "Us", shall mean Twinkl Limited, the owner of this Website. The term "You", "Yourself" and "Your" refers to the user or viewer of this Website.

1.3. Twinkl is the Data Controller within the definition of the General Data Protection Regulation (GDPR).

2. The services

2.1 Twinkl is a provider of high quality teaching resources - we call this the 'Service'. Our resources are primarily distributed through the Website.

2.2 Twinkl sells physical products and we call this the 'Product Service' which is made available through the Website.

2.3 Twinkl 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’.

2.4 Twinkl provides a support community forum service and we call this the ‘Forum Service’ which is made available through the Website.

2.5 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.

2.6 Twinkl 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. You are strongly advised to read our help and support FAQ.

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 incredibly important to us. You can find additional information in our Privacy Policy.

3.3 The registration processes will involve You providing a password and We shall provide You with a designated account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Twinkl of any unauthorised use of Your password or account and any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Twinkl cannot and will not be liable for any loss or damage arising from Your failure to comply with this obligation.

3.4 Your member account is strictly for your personal use only and you may not use your account to download and print for anyone else. Twinkl does not allow volume printing arrangements, unless specifically agreed in writing (these will be individually negotiated).

3.5 Your Member account is subject to an acceptable use policy, and user accounts are monitored. Twinkl considers that no user would reasonably need to download more than 200 resources per calendar month and accounts exceeding this download level are subject to review.

4. Your conduct

4.1 You can contribute to Twinkl in a variety of ways, including (but not limited to) the request and create a resource, forum, calendar events, book list suggestions and in addition, on most pages of the Website you are capable of posting comments for lawful, relevant, fair and appropriate opinion. You acknowledge that all information, data (including registration data), text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.

4.2 Twinkl accepts no responsibility for, and does not guarantee, the accuracy, integrity or quality of any Content placed on our Website (in any manner specified in Clause 4.1 or otherwise) by you or any third party.

4.3 You acknowledge that by using the Service, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectionable. Please see the section below titled "Content Problems" for details of how to report such Content.

4.4 If you breach these Terms and Conditions, you should be aware that a party aggrieved by the uploading of any content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in registration data and other data concerning your identity being disclosed and your having to pay compensation to the person or company aggrieved.

4.5 You agree to not use the Service to:

4.5.1 upload, post, email or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory; harm or attempt to harm minors in any way;

4.5.2 impersonate any person or entity, including, but not limited to, a Twinkl staff member, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4.5.3 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

4.5.4 upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

4.5.5 enter into any of our email lists an email address that is not your own where you know (or ought reasonably to know) that the recipient of the email would not wish to be contacted by Us;

4.5.6 upload, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights ("Rights") of any party;

4.5.7 upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

4.5.8 upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

4.5.9 disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

4.5.10 interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

4.5.11 intentionally or unintentionally violate any applicable law or regulation;

4.5.12 collect or store personal data about other users;

4.5.13 post content which refers to individual schools, colleges or agencies - or their staff - whether by name, or identifiable by a pseudonym or any other means; and/or

4.5.14 advertise any job vacancies in any area of the Website unless We expressly agree that you may do so.

4.6 You acknowledge that Twinkl does not pre-screen Content that you post on the Website, but that Twinkl and people designated by it shall have the right (but not the obligation) to monitor communications that occur through, and posts made to, the Website. If Twinkl determines, in its sole discretion, that you or another user have breached these Terms and Conditions or that any Content is inappropriate or otherwise objectionable, Twinkl may refuse to accept or may remove any Content from the Website, without any liability to you or a third party.

5. Indemnity

5.1 You agree to indemnify, defend and hold Twinkl Limited 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 Twinkl Limited.

6. Special warning for international use

6.1 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.

7. Rights in posted content on the Website

7.1 With respect to all Content you post on the Website, you grant Twinkl Limited a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. With respect to all Content you post to the Website, you hereby waive any moral rights you have in the Content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Twinkl Limited, including the execution of deeds and documents, at our request.

7.2 You represent and warrant that you own or otherwise control all of the rights to the Content and can grant the rights set out above. You represent, warrant and undertake that: (i) the work submitted is your own (ii) the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (iii) you have obtained all rights and consents that are necessary for you to provide the Content; and (iv) you will immediately remove and notify us of any Content that does not does not comply with these Terms and Conditions or may infringe the rights of third parties. You agree to indemnify Twinkl Limited for all claims brought by a third party against Twinkl Limited in respect of infringement of that third party's intellectual property rights or arising out of or in connection with a breach of any of these warranties. Twinkl Limited reserves the right to refuse to host any content that has been made in the course of business and in any respect, asserts its right to host Content entirely at its own discretion.

8. Content problems

8.1 If you object to the publication of any material placed in any area of the Website, please let us know by clicking on the 'Report' link next to the relevant post/message. This is the fastest way to notify us and will provide to us a direct link to the post/message in question.

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

8.3 Twinkl 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. Twinkl provides and information service and You accept that We take no responsibility for the way You use the information you download.

9. General practices regarding use and storage

9.1 You acknowledge that Twinkl 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.

9.2 You agree that Twinkl 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.

9.3 You acknowledge that Twinkl reserves the right to de-activate accounts that are inactive for an extended period of time.

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

9.5 You agree to use using your usage data to provide rewards and incentives either randomly or as part of a programme and you agree to us publicly publishing your success in achieving these rewards or incentives.

9.6 Any rewards or incentives are provided at Twinkl's discretion and may be added, removed or cancelled at any time for any reason at Twinkl's sole and absolute discretion.

9.7 Any reward or incentive programmes are provided at Twinkl's discretion and may be added, removed or cancelled at any time for any reason at Twinkl's sole and absolute discretion.

10. Modifications to service

10.1 Twinkl 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.

10.2 You agree that Twinkl shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Termination

11.1 You agree that Twinkl, 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 Twinkl Limited believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.

11.2 Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Twinkl's only remedy and Twinkl may take any other action we reasonably deem appropriate in connection with such breach.

12. Dealing with advertisers and other suppliers

12.1 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.

12.2 To the fullest extent permitted by applicable law, you agree that: (a) Twinkl Limited 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.

13. Links to other websites or resources

13.1 The Service may provide, or third parties may provide, links to other websites or resources. As Twinkl has no control over these sites and resources, you acknowledge and agree that Twinkl 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.

13.2 You acknowledge and agree that Twinkl 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.

14. Use of Twinkl materials

14.1 All articles, information and other materials presented on the Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Twinkl Limited. 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 Twinkl Limited's 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.

14.2 You acknowledge that all materials You download remain the property of Twinkl Limited in perpetuity.

14.3 Twinkl strictly forbids the use of any scripted or otherwise automated method of content or website access.

15. Disclaimers

15.1 You expressly acknowledge and agree that:

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

15.1.2 Your use of the Service is at your sole risk. Twinkl 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 Twinkl for any errors, omissions or inaccurate information on the Website or available through the Service.

15.1.3 Neither Twinkl 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.

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

15.1.5 From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Twinkl endorses the website(s) and Twinkl has no responsibility for the content of the linked website(s).

15.1.6 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.

15.1.7 Twinkl is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

15.1.8 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.

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

16. Availability of the Website

16.1 Twinkl 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 Twinkl therefore accepts no liability for its unavailability.

16.2 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.

17. Limitations of liability

17.1 Twinkl 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 the greater of: (a) £150 and (b) the price paid by you to Twinkl Limited under any Contract during the 3 months preceding the event giving rise to the claim.

17.2 You expressly acknowledge and agree that Twinkl Limited 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 Twinkl Limited has been advised of the possibility of such damage.

17.3 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 Twinkl Limited.

18. Events outside of our control

18.1 Twinkl 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:

18.1.1 Strikes, lock-outs or other industrial action.

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

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

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

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

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

18.1.7 Viruses and cyber attacks

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

18.2 Twinkl Limited's 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 endeavours 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.

19. Twinkl Membership for Individuals

19.1 The Twinkl Membership Service is subject to these Terms and Conditions and in an addition the following conditions shall apply to this service:

19.1.1 Twinkl makes available the Membership Service by way of a subscription to You upon payment of a fee as specified from time to time on the Website.

19.1.2 In accordance with the general Terms and Conditions, Your user and account username and password will not be shared with anyone.

19.1.3 In accordance with our Copyright Terms, You will not redistribute any resources downloaded through the Membership Service and You understand that any resources You download from the Website whether through the Membership Service or otherwise are for Your personal use only.

19.1.4 You have explicitly read and agree to abide by the Twinkl Copyright Terms .

19.1.5 You understand and agree to the Membership Service Acceptable Use Policy, as detailed in clause 20.

19.1.6 You agree that a breach of any of the general Terms and Conditions will lead to Your access to the Membership Service being immediately suspended. It is at Twinkl's absolute discretion as to whether Your account will be reinstated.

19.1.7 You understand and agree that We will monitor Your usage of the Service to allow us to determine whether a violation has, or is, occurring.

19.1.8 A subscription to the Membership Service can only be purchased directly from Twinkl by (1) paying a monthly subscription fee; (“Monthly Subscriptions”) or (2) pre-payment giving You access to the Twinkl Membership Service for a specific time period (“Pre-Paid Subscriptions”). Twinkl retains the absolute right at their complete discretion to offer Monthly Subscriptions in certain countries for certain periods of time or Pre-Paid Subscriptions in certain countries for certain periods of time.

19.1.9 When You register for the Twinkl Membership Service, You consent to get access to Twinkl Membership Service immediately.

19.1.10 If You reside within the European Union, You may cancel Your order for access to the Membership Service within 14 days from the date of Your purchase and obtain a full refund by contacting the Twinkl Cares team unless You have started to download any resources within the Membership Service. Once You have started to download any such resources, You cannot cancel Your order, and You will not receive a full or partial refund for Your order. By placing an order to subscribe to the Membership Service, You acknowledge and provide Your consent to this.

19.1.11 In relation to Monthly Subscriptions, You will be charged the rate stated at the time of purchase, plus applicable taxes (such as value added tax when the stated rate doesn’t include VAT), every month until You or We cancel it. If the applicable VAT rate (or other included tax or duty) changes, the tax-inclusive price will adjust accordingly. Any download limits referred to at point of purchase will expire at the end of your current month's term of membership. The limit will refresh when the next payment is made. Any limits implied bear no influence on the terms of our Acceptable Use Policy as detailed in Clause 20.

19.1.12 In relation to a Pre-Paid (Annual) Subscription, You will be charged at the time of purchase the equivalent monthly rate stated at the time of purchase multiplied by 12 (the 'Minimum Term'), plus applicable taxes (such as value added tax when the stated rate doesn’t include VAT). At the end of the Minimum Term, Your Membership Service contract will, at our sole and absolute discretion, either renew automatically for another 12 months until You or We cancel it or it will not automatically renew and Your access to the Membership Service will cease until You take the actions prescribed by Us to renew Your Membership Service.  If Your Membership Service renews automatically, at the end of Your first Minimum Term We may charge You, at our sole and absolute discretion, the rate You paid when You first subscribed to the Membership Service or the then current annual rate for the Membership Service level you have access to. If You renew Your Membership Service before the end of the Minimum Term, Your renewed Membership Service will be extended to include, if any, the months which were remaining on your previous Membership Service Subscription.

19.1.13 Twinkl may change the price for the Monthly Subscriptions and Pre-Paid Subscriptions and we will communicate this change to you either at renewal, or in respect of Monthly Subscriptions, at the point the new price is in use.

19.1.14 For your safety, credit/debit card details are not stored nor shared with third parties. Payment transactions are processed via PayPal, Stripe or other secure third party payment providers and You are encouraged to read the terms and conditions for any financial transactions with either of these companies. In short, we value your safety as highly as we would our own.

19.1.15 As per Clause 14.2, You acknowledge that all content remains the property of Twinkl at all times. You also understand that your purchasing of a Twinkl Membership package constitutes a licence for the use of Twinkl material for the duration of the subscription only.

19.1.16 Any resources downloaded may not be shared or otherwise hosted on any networked system. Resources are for the single and sole use of the person downloading them and any replication or sharing of resources (without written permission of the CEO) will result in Twinkl Ltd taking action to protect its rights under the licence stipulated in 19.1.15.

20. Membership Service Acceptable Use Policy

20.1 The Membership Service is designed to allow individual users to download additional teaching resources for their own needs. Collectively, the Twinkl resource collection has taken many years to create.

20.2 The Membership Service is subject to an acceptable use policy, and user accounts are monitored. Twinkl will monitor your number of downloads, frequency of downloads, contents of downloads, your frequency of access, your location of access (IP address and device). Twinkl considers that no individual user would reasonably need to download large quantities (c. 200 per month) of resources, crossing an extensive range of age groups, topics and specialisms, from a wide variety of locations and devices.

20.3 The Membership Service allows the Twinkl community to support the hard work of the Twinkl staff in helping those who teach. As such, any violation of the terms of Clause 19 or 20.2 is taken seriously and the user's account may be suspended immediately to allow for further investigation. If we remain unsatisfied that your account is being used solely for your own needs we may suspend your membership indefinitely.

21. Membership Service gift vouchers

21.1 The Membership Service can also be purchased by way of gift voucher through the Website.

21.2 A gift voucher purchase is subject to the terms of clause 21.3 but additionally to all provisions of clause 19 (notably clause 19.1.8).

21.3 A gift voucher will be delivered to You electronically at the point of payment and must be used within one (1) year of the date and time of purchase. If it is not used within this time period it will expire and You will no longer be able to make use of it.

22. Product Service

22.1 The Product Service allows You to purchase physical products directly from the Website and have them delivered to You.

22.2 Unless we agree otherwise, when you place an Order through the Website or otherwise, the price You pay will include first class postage to UK mainland addresses only. If You are ordering from overseas, we are happy to process the order, but will charge and additional postage surcharge.

22.3 When You place an order with us, this is technically an Offer from you, to us. We will deem to have accepted this offer when the Order has been processed and the product posted. We reserve the right to cancel any order for any reason and will refund you your money if we do so.

22.4 We aim to process and send out Your order as quickly as possible. This will usually be the same day, but it may take up to five days to process.

22.5 Please ensure that you check the address you have set up in PayPal as your postal address. We are not responsible for any orders sent to the wrong address, where you have not informed us of a change of address within 2 hours of placing your order.

22.6 If the product(s) provided under the Product Service are not what You ordered or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at our contact address of the problem within 5 working days of the delivery of the service in question.

22.7 If You notify a problem to Us under clause 22.6 above, our only obligation will be, at Your option:

22.7.1 to make good any shortage or non-delivery;

22.7.2 to repair and resend any products that are damaged or defective.

22.8 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.

22.9 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.

23. Forum Service

23.1 The forum service is subject to our Forum Community House Rules and our Forum Etiquette. Please note that a breach of either of these sets of rules is likely to result in the suspension of your service and an indefinite ban.

24. Create Service

24.1 The Twinkl Create service (hosted at www.twinkl.co.uk/create) is subject to these Terms and Conditions and in an addition the following conditions shall apply to this service:

24.1.1 Twinkl makes available the Create Service to You upon payment of a fee as specified from time to time on the Website.

24.1.2 In accordance with the general Terms and Conditions, Your User and account username and password will not be shared with anyone.

24.1.3 Your use of the Create service is a request by You, to Us, to create a specified resource for You. We may decide to use the Create service to fulfill this request, but You may also assist Us by creating the resource yourself using the Create Service. In this regard, You understand that by using the Create service, You are producing products for Twinkl Ltd and not for your own personal use. Once your product has been created, we may, at our discretion, allow You to access the resource after our approval.

24.1.4 In accordance with our Copyright Terms, You will not redistribute any resources created through the Create Service.

24.1.5 You have explicitly read and agree to abide by the Twinkl Copyright Terms.

24.1.6 All resources you produce through the Create service are the ownership of Twinkl Ltd absolutely and you further consent to Clause 7.2 of these Terms and Conditions.

24.1.7 You agree that a breach of any of the general Terms and Conditions will lead to Your access to the Create Service being immediately suspended. It is at Twinkl's absolute discretion as to whether Your account will be reinstated.

24.1.8 You understand and agree that we will monitor Your usage of the Service to allow us to determine whether a violation has, or is, occurring.

24.1.9 Due to the electronic nature of the subscription, you understand and agree that we are unable to offer refunds under any circumstance.

24.1.10 You agree that Anything which is uploaded within the Twinkl website is dealt with in accordance with our Privacy Policy. By uploading personally identifiable information (e.g. photographs and class lists), you agree that you have permission to do so. Misuse of this service, including uploading inappropriate or offensive content will not be tolerated.

25. Intellectual property

25.1 The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Twinkl Limited or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners including us.

25.2 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 Twinkl Limited.

26. Notices

26.1 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 Twinkl Limited, Wards Exchange, 195-199 Ecclesall Road, Sheffield, S11 8HW, United Kingdom.

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

27. Age Restrictions

27.1 You must be over 18 to take out a subscription to the Membership Service or register as a free user of the website.

27.2 An individual under 18 may use the website if they have the consent of their parent or guardian or their teacher if they are using the website in an educational context. By allowing an individual under 18 to use the website in any way, You agree to provide us on request with the required consent in a format to be determined by Us at our absolute discretion.

28. Invalidity

28.1 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.

29. Privacy

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

30. Third party rights

30.1 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.

31. Entire agreement

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

32. Waiver

32.1 No delay or failure by Twinkl 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.

33. Governing law

33.1 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.

33.2 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.

34. Twinkl Membership for Schools

34.1 Twinkl School Membership accounts are also subject to our Schools Terms and Conditions.

35. Twinkl Subscription Offers and Competitions

35.1 All competitions or offers coordinated by Twinkl 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 in to any promotion.

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

35.3 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.

36 Contacting us if there is a problem

36. If you have any concerns about your membership, the website or our resources or if you would like to make a complaint, please contact the TwinklCares team at TwinklCares@twinkl.co.uk. We will endeavour to respond to all concerns within 24 hours.