MyEdSpace Subscription Terms and Conditions

By clicking “I accept,” or by downloading, installing, or otherwise accessing or using the service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by the following terms and conditions, including MyEdSpace’s privacy notice (together, these “terms”). If you are not eligible, or do not agree to these terms, then you do not have our permission to use the service. Your use of the service, and MyEdSpace’s provision of the service to you, constitutes an agreement by MyEdSpace and by you to be bound by these terms.


US Based Users - Arbitration Notice

For US based users, except for certain kinds of disputes described in Section I, you agree that disputes arising under these terms will be resolved by binding, individual arbitration, and by accepting these terms, you and MyEdSpace are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.

Where to find information about us and our content and services

You can find everything you need to know about us, MyEdSpace Limited, a company registered in England and Wales under company number 13805946 and with a registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ (“MyEdSpace”, “we”, “us” and “our”), and our content and services on our website or from our sales staff before you sign-up.

You must be 18 years old to agree to these terms

If you are under 18 years old, your parent or guardian will need to complete the sign-up process and agree to these terms.

We charge you when you set up your subscription to our services

Thereafter, we take payment at the intervals agreed with you during the sign-up process, which will either be monthly, annually or in other agreed instalments.

We pass on increases in VAT

If the rate of VAT changes during the course of your subscription, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control

If our supply of our content is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay.

Your legal right to change your mind. For certain users based in the UK/EU, you have a legal right to change your mind about your subscription and receive a refund of what you paid for it. This is subject to some conditions, as set out below.

The deadline for changing your mind. If you qualify, you can change your mind about your subscription, you must let us know no later than 14 days after:

• the day you set up your subscription; if the course includes live classes

• the course start date; if the subscription was set up in advance

• the day you set up your subscription; if the course is pre-recorded and the content was not accessed, downloaded or streamed.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team using details found at https://myedspace.co.uk/contact-us. 

When and how we refund you. If you qualify, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.

You can end your subscription (find out how). We tell you when and how you can end your subscription during the order process and we confirm this information to you in writing after you’ve set up your subscription. 

If you have any questions, please contact our Customer Service Team using details found at https://myedspace.co.uk/contact-us.

We charge you if you don't give us information we need or do preparatory work as agreed with us

We will charge you for your subscription even if you do not to the agreed work, such as any homework assigned by one of our mentors.

You have rights if there is something wrong with the content and services

Notify us. If you think there is something wrong with our content and services, you should contact our Customer Service Team using details found at https://myedspace.co.uk/contact-us.

Your rights and remedies. We honour our legal duty to provide you with content and services that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. Remember too that you have several options for resolving disputes with us.

We can change our content and services and these terms

Changes we can always make. We can always change our content and services:

• if you opt-out of receiving personalised content;

• to reflect changes in relevant laws and regulatory requirements;

• to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't materially affect your use of our content and services; and

• to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it.

We can suspend supply (and you have rights if we do). We can suspend the supply of our content and services. We do this to:

• deal with technical problems or make minor technical changes;

• update our content to reflect changes in relevant laws and regulatory requirements; or

• make changes to our content.

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending our content and services, unless the problem is urgent or an emergency. If we suspend the content and services for longer than 7 days, we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 7 days you can contact our Customer Service Team using details found at https://myedspace.co.uk/contact-us to end your subscription and we'll refund any sums you've paid in advance for your subscription.

We can withdraw our content and services

We can stop providing our content and services at any time. We let you know at least 14 days in advance, and we refund any sums you've paid in advance for your subscription.

We can end your subscription

We can end your subscription and claim any compensation due to us if: 

• you don't make any payment to us when it's due and you still don't make payment within 3 days of our reminding you that payment is due; or

• otherwise breach these terms and conditions or our Website Terms of Use.

We don't compensate you for all losses caused by us or our content and services. We're responsible for losses you suffer caused by us breaking this agreement unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section. We're not responsible for delays outside our control.

• Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

• A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is excluded as our services and content are for personal use only.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

• fraud or fraudulent misrepresentation;

• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

No implied terms about content and services. We exclude all implied terms to the extent permitted by law.

We can be used as part of elective home education (EHE). We are unable to be the sole provider of EHE for children of compulsory school age, as we are not a registered exam centre and do not offer all academic subjects.
MES is not currently a registered provider of EOTAS with any local authority and therefore cannot be named by parents as part of an EOTAS package.

We use your personal data as set out in our Privacy Policy

How we use any personal data you give us is set out in our Privacy Notice:  https://myedspace.co.uk/privacy-notice.

You have several options for resolving disputes with us

Our Customer Service Team. Found at https://myedspace.co.uk/contact-us, they  will do their best to resolve any problems you have with us or our content and services. Alternatively you can address any issues to [email protected] 

You can go to court. These terms are governed by English law. Wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to this subscription

We can transfer your subscription, so that a different organisation is responsible for supplying your content and services. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract.

You can only transfer your subscription to someone else if we agree to this.

Nobody else has any rights under this subscription. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

US-Specific Terms

The following terms apply to you if you live or reside in the United States. Any terms in this section that conflict with the prior terms will control to the extent that you live or reside in the United States.

I. Arbitration 

Except as described in Sections A and B below, you and MyEdSpace agree that every dispute arising in connection with these terms, the service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

You understand and agree that, by entering into these terms, you and MyEdSpace are each waiving the right to a trial by jury or to participate in a class action.

A. Exceptions
Although we are agreeing to arbitrate most disputes between us, nothing in these terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

B. Opt-Out
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section I within 30 days after the date that you agree to these terms by sending a letter to MyEdSpace Limited, Attention: Legal Department – Arbitration Opt-Out, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ that specifies: [your full legal name, the email address associated with your account on the service, and a statement that you wish to opt out of arbitration] (“Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section I will be void and any action arising out of these terms will be resolved as set forth in Section I. The remaining provisions of these terms will not be affected by your Opt-Out Notice.

C. Arbitrator
This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting us. 

D. Commencing Arbitration
Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our address for Notice of Arbitration is: MyEdSpace Limited, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or MyEdSpace may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.

E. Arbitration Proceedings 
Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or MyEdSpace must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

F. Arbitration Relief 
Except as provided in Section I.G, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by us before an arbitrator was selected, we will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.  The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

G. No Class Actions
You and MyEdSpace agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

H. Modifications to this Arbitration Provision 
If we make any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

I. Enforceability 
If Section I.G or the entirety of this Section I is found to be unenforceable, or if we receive an Opt-Out Notice from you, then the entirety of this Section I will be null and void and, in that case, the exclusive jurisdiction and venue described in Section V will govern any action arising out of or related to these terms.

II. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the service, and you will defend and indemnify us, our affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “MyEdSpace Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the service; (2) your violation of any portion of these terms, any representation, warranty, or agreement referenced in these terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

III. Limitation of Liability

To the fullest extent permitted by law, in no event will the MyEdSpace entities be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not the MyEdSpace entities have been informed of the possibility of damage.

Except as provided in Sections I.D and I.F and to the fullest extent permitted by law, the aggregate liability of the MyEdSpace entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to us for access to and use of the service in the 12 months prior to the event or circumstance giving rise to the claim and (b) US$100.

Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this Section III will apply even if any limited remedy fails of its essential purpose.

IV. Disclaimers; No Warranties by MyEdSpace

The service and all materials and content available through the service are provided “as is” and on an “as available” basis. MyEdSpace disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. MyEdSpace does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and MyEdSpace does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from the service or the MyEdSpace entities or any materials or content available through the service will create any warranty regarding any of the MyEdSpace entities or the service that is not expressly stated in these terms. We are not responsible for any damage that may result from the service and your dealing with any other service user. You understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.

The limitations, exclusions and disclaimers in this Section IV apply to the fullest extent permitted by law. MyEdSpace does not disclaim any warranty or other right that MyEdSpace is prohibited from disclaiming under applicable law.

V. Governing Law

These terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and MyEdSpace submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware for resolution of any lawsuit or court proceeding permitted under these terms.