Legal Policies

TERMS AND CONDITIONS:

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When you explore our website and make use of any related services, such as buying digital products or subscribing, we kindly as that you take a moment to familiarise yourself with our terms and conditions.

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Your agreement to these terms is greatly appreciated.

The terms mentioned below are relevant to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and any agreements in place. Let's break it down in simpler terms:

1. We're going to call the website (and any related apps) the "Website" from now on.

2. When we say "Client," “You,” “Yourself,” "Your," or “User,” we mean you—the person using this website and agreeing to our rules.

3. "The Company," "Diverse Planning/Closing the Gap," “Ourselves,” “We,” and "Us" refer to us – Diverse Planning/Closing the Gap LTD.

4. When we mention "Party," “Parties,” or “Us,” we're talking about both you and us. 

5. If we throw around words like singular, plural, capitalisation, or he/she or they, just know we're saying it's all the same, like interchangeable puzzle pieces.

So, no need to get caught up in fancy words - we're all on the same page! 

Services:

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We offer downloadable, high-quality classroom resources through our website. All resources are provided in their existing state and can be accessed by users who create an account. 

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We retain the right to modify pricing and service availability without prior notice, exercising this discretion for reasons we find appropriate.

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We are not liable for any technical constraints faced by end-users regarding the services mentioned above. While we provide technical support via email, we cannot guarantee the availability of a solution for limitations beyond our control.

 

Member Accounts: 

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To access certain features on our websites, such as downloading resources, you'll need to share personal information with us to register for those services. By using the relevant registration form, you agree to provide truthful, up-to-date, complete, and accurate information about yourself. It's also your responsibility to use the website and its services to keep this information current and accurate. We won't be held accountable for any losses resulting from your failure to do so, including situations where goods are delivered to an address that you no longer have access to.

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We understand that the internet isn’t fool proof, but we make every effort to safeguard the personal information you provide through the websites. This includes strict adherence to data protection standards, such as encrypting user data in our secure databases. Our website operates with a secure SSL certificate over https to ensure the secure transmission of data to and from our site. Additionally, our servers are fortified with a secure firewall to protect all hosted data.

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When you register, you’ll create a password for the account we provide. Safeguarding the security and confidentiality of your password and account is solely your responsibility. You’re fully accountable for the activities on your account, so please notify us immediately of any unauthorised use or security breaches. We can’t be held responsible for any losses or damages resulting from your failure to fulfil this obligation.

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Please note: sharing login information is strictly prohibited and could result in your account being suspended. Always make sure to log out of your account when using different devices as the system will lock you out.

 

Payments and refunds: 

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Payment can be made by Visa, MasterCard, American Express as explained on the order form. Our Terms of payment are: payment in full before any goods or services can be received.

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Credit/Debit Card: When purchasing our resources, you will be prompted to input your credit/debit card details through our secure SSL-protected checkout form. 

 

By agreeing to these Terms, you’re confirming that the information you provide for using the Digital Content is accurate. Also, you acknowledge that the payment card you use belongs to you, and there are enough funds to cover the cost of the ordered Digital Content.

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You commit to using any Digital Content ordered solely for your private or domestic use, without any intention of resale or sub-licensing.

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Please be aware that Digital Content is non-refundable, whether in part or in full, meaning you can't seek reimbursement for acquired data. Additionally, once purchased, Digital Content cannot be exchanged for another without payment. To obtain new Digital Content, a separate purchase is required. 

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We assure you that we will take all reasonable measures to keep your order and payment details secure. However, unless there is negligence on our part, we cannot be held responsible for any loss you may experience if a third party gains unauthorised access to the data you provide when accessing or ordering from our website.

 

Cooling Off Period: 

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Given the nature of our website, which primarily involves digital downloads, we do not provide a cooling-off period for paid resources. Upon purchasing your resources, immediate access to the resources is granted. By opting for immediate access, you acknowledge waiving the 14-day cooling-off period. To view premium resources or download content, it is necessary to forfeit any right to a cooling-off period.

 

Policy on Sharing Paid for Resources: 

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Sharing of accounts or resources with another individual or individuals is strictly prohibited. Each user seeking access to our product must create their own account and purchased the resource or resources. 

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Users are expressly forbidden from downloading files and providing them to any third party. Access to resources is exclusively granted to the subscribing user.

Any user found violating the above terms will face immediate termination of their account without a refund. Additionally, the user may be subject to actions aimed at recovering any damages or losses incurred due to the sharing of their account or downloaded resources.
 

Appropriate Use of Website: 

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You are prohibited from using our websites in a manner that may cause damage to the site, impair its availability or accessibility, or engage in any unlawful, illegal, fraudulent, or harmful activities. Additionally:

1. You must refrain from using our websites to copy, store, host, transmit, send, use, publish, or distribute any material linked to spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious computer software.

2. Engaging in systematic or automated data collection activities, including but not limited to scraping, data mining, data extraction, and data harvesting, on or related to our websites is strictly prohibited.

3. You are not permitted to use our websites to transmit or send unsolicited commercial communications.

Privacy Assurance: 

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Our commitment to safeguarding your privacy is paramount. Only authorised employees within the company, on a need-to-know basis, utilise any information collected from individual customers. We consistently review our systems and data to ensure the utmost service quality for our customers.

Specific offenses for unauthorised actions against computer systems and data have been established by Parliament. Any such actions will be thoroughly investigated, with the intent of pursuing prosecution and/or civil proceedings.

 

For our full privacy policy please see below.

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Indemnification:

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By accepting these terms and conditions, you agree to indemnify Diverse Planning and commit to holding Diverse Planning harmless against any losses, damages, costs, liabilities, and expenses (including legal expenses and amounts paid by Diverse Planning for the settlement of a claim or dispute based on the advice of Diverse Planning legal advisers) incurred or suffered by Diverse Planning due to any violation by you of these terms and conditions, or any claim asserting such a violation.

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Service Changes: 

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Diverse Planning retains the right, at its discretion, to make temporary or permanent modifications or discontinuations to any service on the Website, with or without prior notice. By using the services, you agree that Diverse Planning will not be held liable to you or any third party for any such modifications, suspensions, or discontinuations of services.

 

Account Termination: 

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You acknowledge that Diverse Planning, at its sole discretion and without any liability to you or any third party, may suspend or terminate the Website and/or the Service, or any part thereof, with or without notice. This includes the suspension or termination of your passwords, accounts, or any related files and information within any service. Diverse Planning also reserves the right to remove and discard any content or resources within any of the Services for any reason, including, but not limited to, lack of use or if there is a belief that you have violated or acted inconsistently with the terms outlined in these Terms and Conditions.

In the event of a breach of these Terms and Conditions, the actions described in this paragraph are not the exclusive remedies available to Diverse Planning and the company may take any other action deemed reasonably appropriate in response to such a breach.

 

Copyright and Intellectual Property:

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You are permitted to use the downloaded resources for your personal use, including printing them as many times as you wish, and storing a backup copy of the resource file if desired. To support our ongoing production of new, free, and paid resources, we kindly request that you acknowledge https://diverseplanning.org as the source of the resources you use and leave any copyright notices intact when printing.

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It is strictly prohibited to reproduce, redistribute, or directly share our resources with others in any form. This includes sharing downloaded files through any means or distributing printed resources. Instead, we encourage you to direct people to our website so they can download the resources for themselves. Any breach of this condition will result in account termination and potential pursuit of damages. Uploading or sharing resources on external platforms like TES, Facebook (pages, groups, or profiles), and Teachers Pay Teachers is expressly prohibited.

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Commercial use of our resources or editing/building upon the downloaded files without prior consent is not allowed. All content, resources, and the website itself are protected by international copyright laws and intellectual property rights, owned by Closing the Gap trading under the name of Diverse Planning. Product and company names and logos contained within our websites are the property of their respective owners.

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All articles, information, and resources available on our websites are subject to copyright and owned by us. Reproducing, redistributing, or directly sharing our resources, whether in full, in part, or in an edited state, is strictly prohibited. Please direct others to our website for downloads instead. Commercial use or editing/amending/building upon the downloaded resource file without prior consent is not allowed, including using our resources as a template for personal, public, or commercial creations.

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By using our websites, you acknowledge your agreement to comply with the above copyright terms, and any breach may result in legal proceedings being initiated against you.

Log Files:

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We utilise IP addresses to analyse trends, administer the site, monitor user activity, and collect broad demographic information for aggregate use. Importantly, IP addresses are not linked to personally identifiable information.

Furthermore, our web servers automatically log standard access information, including browser type, access times/open mail, URL requested, and referral URL, for systems administration, the detection of usage patterns, and troubleshooting purposes. This information is solely used within our company on a need-to-know basis and is not shared with third parties. Individually identifiable information related to this data will never be utilised in any manner different from what is explicitly stated above without your explicit permission.

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For more details, please refer to our Privacy Policy: 

Links to Our Website: 

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Feel free to share our website with others through social media, print, word of mouth, or any other means. However, please note that direct sharing of our resources is not allowed.

Links from Our Website: 

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To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for: the privacy practices of such websites, the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources, the use which others make of these websites. Any damage, loss or offense caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

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We do not actively monitor or review the content of websites linked to from this website that are not under our control. Opinions expressed or material found on such external websites do not necessarily reflect our views or endorsements, and we are not to be considered the publisher of such opinions or material. Please note that we are not responsible for the privacy practices or content of these external sites.

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We encourage our users to exercise caution when leaving our site and to review the privacy statements of the linked sites. It is advisable to assess the security and trustworthiness of any external site connected to or accessed through our website before disclosing any personal information to them. Diverse Planning does not assume any responsibility for any loss or damage, regardless of the manner or cause, resulting from your disclosure of personal information to third parties.

 

Website Availability:

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Diverse Planning has maintained a stellar track record with uptime, demonstrating reliability and stability. We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year. However, it's important to note that we cannot guarantee uninterrupted operation or a bug-free experience on the websites. Therefore, we do not accept liability for any unavailability of the websites. The Website may be temporarily unavailable at any time because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair. We will try to give you advance warning of maintenance issues, where possible, but shall not be obliged to do so.

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Invalidity:

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If any part of these Terms and Conditions is deemed unenforceable, including any provision where we exclude liability, the enforceability of other parts of these conditions will not be affected.

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Force Majeure:

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Neither party shall be held liable to the other for a failure to perform any obligation under any Agreement due to events beyond their control. Such events may include, but are not limited to, Acts of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, acts of civil or military authority, uprising, earthquake, flood, or any other natural or man-made eventuality outside of our control, leading to the termination of an agreement or contract. The affected party shall promptly inform the other party of the event and make reasonable efforts to comply with the terms and conditions of any agreement herein.

 

Waiver:

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The failure of either party to insist upon strict performance of any provision of this Agreement or the failure to exercise any right or remedy to which they are entitled shall not constitute a waiver. It does not diminish the obligations under this Agreement. No waiver of any provisions of this Agreement shall be effective unless expressly stated and signed by both parties.

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General:

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These terms and conditions are governed by the laws of England and Wales. By accessing our Websites and associated Services, you agree to these terms and conditions and the exclusive jurisdiction of the English courts in all disputes arising from such access. If any of these terms are deemed invalid or unenforceable for any reason, the invalid or unenforceable provision will be severed, and the remaining terms will continue to apply.

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The Company's failure to enforce any provisions in these Terms and Conditions or any Agreement, or the failure to exercise any option to terminate, shall not be considered a waiver of such provisions. It does not affect the validity of these Terms and Conditions or any Agreement. These Terms and Conditions can only be amended, modified, varied, or supplemented in writing and signed by duly authorized representatives of the Company.

 

Entire Agreement:

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These terms and conditions, along with the current prices, contact details, and privacy policy, constitute the entire agreement between you and us regarding your use of our website. They supersede all previous agreements concerning your use of this website.

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Notification of Changes:

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The Company reserves the right to modify these conditions periodically, and your continued use of the site will indicate your acceptance of any adjustments to these terms. In the event of changes to our privacy policy, we will announce these modifications. If alterations in how we use customers' Personally Identifiable Information occur, affected individuals will be notified by email or postal mail. Any adjustments to our privacy policy will be posted on our website 30 days before these changes take effect. It is advisable to revisit this statement regularly.

These terms and conditions are integral to the Agreement between the Client and ourselves. Your access to Our websites and/or initiation of an order or Agreement signifies your comprehension, agreement, and acceptance of the Disclaimer Notice and the complete Terms and Conditions contained herein. Your statutory Consumer Rights remain unaffected.