PLEASE READ OUR TERMS CAREFULLY BEFORE USING THE WAND PLATFORM.


1. What are these terms?


The terms and conditions of service set out below (“Terms”) form a legally binding contract between you and us for the duration of the trial period (and beyond). After you have decided to subscribe to Wand, these Terms will be part of your contract with the Wand.education provider, either the Wand owner or one of its distributors.

WAND.education[1] is an interactive platform owned by Wand Education Ltd, 10 Old Burlington Street, London, England, W1S 3AG, company registration no. 11211597 (hereinafter “WAND”).


The platform is designed to deliver digital interactive lessons to a wide community of schools, colleges, other education providers, teachers, students and other school staff.


The following Terms govern the use of

  1. the https://www.wand.education website including any of its subdomains and any other website through which WAND makes the services and materials below available now or in future (the “Site”);
  2. the packages of lessons available at or through the Site and all associated services such as software updates, new releases, interfaces, APIs, data, content download assistance (the “Services”);
  3. any other materials made available on the Site by WAND such as handouts, training tools, any database (the “Materials”).
  4. The Site, the Services and the Materials taken together are hereinafter collectively referred to as the Wand Platform (the “Wand Platform”).

If you access or use our Wand Platform you will have to affirmatively confirm that you understand and agree to be bound by the Terms. These Terms remain effective until the trial or subscription period for you expires or terminates.


We collect, use and process your personal data in order to provide the services described below to you. You can learn about how we collect and use your data in our Privacy Policy. We also encourage you to review the privacy choices and consents that you have about the ways in which we use data.


The privacy related aspects of the use of the Wand Platform are governed by the latest standards in privacy law as set out in Regulation (EU) 2016/679 (the “General Data Protection Regulation” or “GDPR”). Please see our privacy policy at the following link (the "Privacy Policy").


2. How can Wand.education improve your educational experience?


Wand.education is a content platform that taps into one of the key challenges schools and teachers face every day – delivering engaging lessons for their students – enabling them to:

  • Use bespoke content from publishers. As teachers lack the time to create quality content, Wand.education provides a wide range of content packages from various authors or publishers, mapped on exam boards, that can be used as is or edited using the content authoring capabilities of the platform;

  • Create engaging lessons in minutes. Wand.education provides a set of pre-build learning templates and testing items that enable teachers to easily create the activities they need:

    • Presentation activities - aggregate information and present it in a more structured and appealing manner using galleries, labels, mind-maps, flashcards;
    • Testing items - correct misconceptions, reinforce key knowledge, measure progress and improve fluidity of knowledge using image-matching, ranking, hot-spots, sentence sequencing or fill-in;
    • Learning games - make learning more fun and regain students’ attention using jigsaw puzzle, trivia, classification factory or crossword;
  • Deliver lessons on any device or platform. As a cloud-based, platform-agnostic solution, Wand.education lessons can be delivered by teachers on any device, be it a desktop, laptop, tablet or a mobile device.
  • Monitor progress and get actionable data. Wand.education provides a set of aggregated and individual reports that enable teachers to get actionable data on student progress and continually improve their lessons.

3. Who can use Wand.education?


The Wand Platform is available to educational establishments, colleges, and schools (each a “Subscriber”) and their designated teachers, relevant staff and students (hereinafter a “User”) during the 2 weeks trial period or during the subscription period provided that the Subscriber has acquired a subscription to the Services according to these Terms (hereinafter a “Subscription”).


If you do not qualify as either a Subscriber or a User, you should not be using the Wand Platform.

WAND may refuse to offer the Wand Platform to any person or legal entity at any time and may change its eligibility criteria, at any time, in its sole discretion, without breaching its’ obligations for the Subscriptions already concluded.


In order to subscribe to the Wand Platform the Subscriber must acquire a Subscription by concluding an agreement (“End User Subscription Agreement”) with WAND or its distributors (hereinafter known as a “Partner”).


When beginning the trial period, the Subscriber is required to provide WAND the following personal data: full name of the representative of the Subscriber, Subscriber name, valid email address and password for the account. Much of this is personal data as defined in the GDPR. Accordingly we commit that this will be processed in line with our privacy policy in adherence with the latest privacy law.


When concluding the End User Subscription Agreement, the Subscriber is required to provide the Partner with the necessary information. Such information may contain full name of the Subscriber representative for Wand.education, Subscriber name, Subscriber address, VAT code or other fiscal identification number, country of fiscal residency, a valid email address and password. The Subscriber shall provide the Partner with accurate and complete information. Failure to do so shall constitute a breach of the Terms and the End User Subscription Agreement, which may result in immediate termination of the Subscriber’s Subscriptions. In addition, the Subscriber agrees to maintain its registration information up to date and to ensure that it is accurate and complete at all times.


4. How does Wand.education work?


The Services can be used only by Subscribers or Users through their accounts in accordance with these Terms. Use or abuse of the Wand Platform or any part of it will be taken to be a breach of these Terms and will permit immediate termination of the trial period Subscription, as the case may be, on terms to the benefit of WAND.


4.1 Subscriber Accounts


Each Subscriber will have an active account for the Subscription period. Accounts are strictly exclusive to that Subscriber.


The Subscriber warrants that all information it provides to WAND in relation to the Wand Platform was, when provided, and then on an ongoing basis for the duration of the trial period and/or Subscription remains and will remain complete and accurate (in line with GDPR and general good practice).


Subscribers must ensure they take all reasonable steps to ensure the activity performed by it or its Users accords with these Terms and any associated End User Subscription Agreement. Furthermore, Users’ shall, as far as is reasonable, be responsible for maintaining the confidentiality of their Wand.education password. This is in addition to the security obligations placed on WAND and the Partners under the terms of the Privacy Policy.


A Subscriber shall be a responsible data controller in alignment with the GDPR at all times. This also means a Subscriber shall never allow any other Subscriber or individual, not a member of the Subscriber, either as teacher, student or Subscriber staff, to use its or its Users’ accounts.

Data Security Measures

A Subscriber will immediately in writing notify WAND and the relevant Partner if any of its User Accounts, or the personal data contained in them become lost or subjected to unauthorised access, modification, disclosure, or other misuse or interference, or suffers from any kind of related data security breach of which it becomes aware.


A Subscriber shall put arrangements in place so that its Users whether they are teachers, members of staff, students or other connected persons shall be aware of the need to report and escalate any suspected data breach they encounter or suspect through to the Subscriber. This shall be in direct adherence to the GDPR to allow the relevant data controller where feasible, without undue delay, not later than 72 hours after having become aware of it, notify the personal data breach to the relevant supervisory authority in that jurisdiction or territory.


These breach response obligations remain separate, several and additional to the obligations placed on WAND under the terms of the Privacy Policy.


4.2 Teacher Accounts


For the purposes of these Terms, “Teacher Account” shall mean an account used by a designated teacher working for the Subscriber, allowing such teacher to use the Wand Platform and to designate students to study groups and other elements of the Site.


The Subscriber will, after completion of the registration, designate those teachers working for the Subscriber, who will be allowed to use the Wand Platform under a Teacher Account.


To this end, either the Subscriber or each designated teacher will provide name, email address and password for each Teacher Account. The Subscriber warrants to WAND that all information it provides to WAND in relation to the Teacher Accounts was, when provided, and remains complete and accurate and supplied in full adherence to the requirement for a lawful basis for processing in accordance with the GDPR.


Prior to designating teachers, registering the Teacher Accounts and providing WAND with personal data of these teachers, the Subscriber shall make sure that it has:

  1. adequately informed its teachers and other staff about the processing required to be performed upon their personal data in order that the Subscriber the teachers and ultimately the students enjoy the full use and benefits of the Wand Platform;
  2. adequately assured WAND that WAND can lawfully process the personal data of the teachers and other staff as data processor for the Subscriber; and,

  3. assessed and confirmed that there is a lawful basis for all the processing required to utilise the Wand Platform. In so doing the Subscriber will in particular ensure that:

    1. any legitimate interest meets the three-part requirements under the GDPR (more particularly set out at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/legitimate-interests; and,
    2. Any consent given meets the requirements under the GDPR
    and that any lawful basis for processing is undertaken on the bases set out in the relevant Privacy Policy.


Access to the Wand Platform is provided to the Subscriber. Users are ultimate beneficiaries of the Subscription purchased by the Subscriber. Therefore, any personal data of the teachers will be processed by WAND as a data processor on behalf of the Subscriber who will at all times be a data controller.


4.3 Student Accounts (and all other Users)

The Subscriber or a User of a Teacher Account, can designate students to study groups on the Site.


For the purposes of these Terms, “Student Account” shall mean an account used by a designated student.


To this end, the Subscriber or the User of a Teacher Account, will register each Student Account on the Site by providing the name and password for the students who do not have an e-mail account. For those students who have an e-mail address, the Subscriber or teacher will provide the name and e-mail address and the student will set their password.


The Subscriber shall ensure that:


  1. It has adequately informed its students (and all other Users) about the processing required to be performed upon their personal data in order that the Subscriber, the teachers and ultimately the students enjoy the full use and benefits of the Wand Platform;
  2. It has adequately assured WAND that WAND can lawfully process the personal data of the students and all other Users as data processor for the Subscriber;

  3. assessed and confirmed that there is a lawful basis for all the processing required to utilise the Wand Platform. In so doing the Subscriber will in particular ensure that:

    1. any legitimate interest meets the three-part requirements under the GDPR (more particularly set out at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/legitimate-interests; and,
    2. Any consent given meets the requirements under the GDPR
    and that any lawful basis for processing is undertaken on the bases set out in this or any other successor or related Privacy Policy.


Access to the Wand Platform is provided to the Subscriber. Users are ultimate beneficiaries of the Subscription purchased by the Subscriber. Therefore, any personal data of the students will be processed by WAND as a data processor on behalf of the Subscriber who will at all times be a data controller.


5. How is Wand.education handling the privacy of its Subscribers and Users?


WAND requests modest amounts of personal data in order to provide a quality integrated service with full functionality in respect of the components of the Wand Platform.


WAND has taken appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. These measures were predominantly taken by applying a policy of data protection by design when creating, piloting and refining the Wand Platform before its commercial launch.


For more details, please review our Privacy Policy.


6. Do I have to pay for Wand.education?


Each Subscriber may benefit of a trial period of 2 weeks in order to test the Wand.education experience and use the packages of lessons. During this period, the Subscribers and its’ teachers and students will have access to the Wand Platform in accordance with these Terms.


In order to use the Wand Platform after the trial period, a Subscriber must purchase a Subscription for the packages of lessons from WAND or one of its distributors by concluding an End User Subscription Agreement and activating the Subscription before the expiration of the trial period.


If the Subscriber doesn’t conclude an End User Subscription Agreement, its account will be terminated at the end of the trial period. The provisions of Clause 11 (What if I want to stop using Wand.education?) will apply accordingly.


To purchase a Subscription please contact WAND or one of its distributors in order to conclude an End User Subscription Agreement.


7. Who owns the lessons that I create using Wand.education?


In addition to offering packages of lessons from various authors and/or publishers, the Wand Platform also provides Users of a Teacher Account with the ability to upload, submit, disclose, distribute or otherwise contribute with any work of authorship, including, without limitation, any video, audio, information, data, document, text, software (including source code and object code), images, photographs, scripts, graphics, logos, interactive features, or other expression of a technique, process, concept or idea, whether or not protectable under copyright laws, to the Wand Platform (hereinafter “User Contributions”).


Unless otherwise agreed in the End User Subscription Agreement or unless a User owning a Teacher Account who uploaded the User Contribution has opted otherwise, the User Contributions will be kept only in the Subscriber’s account and will not be made available to other Subscribers and Users in a public repository during the Subscription period of the Subscriber who created the User Contributions. The intellectual property rights over the User Contributions will remain with the Subscriber, during the Subscription period.


However, if the User Contributions are made available in the public repository according to the End User Subscription Agreement, the Subscriber hereby grants WAND, its affiliates and their assignees, for the duration of the Subscription period, a worldwide, irrevocable, non-exclusive, sub-licensable, transferable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, translate, make derivative works of, incorporate into other works, add metadata associated with, and otherwise exploit such User Contributions, including without limitation, any concepts, ideas or know-how embodied therein, in any form and for any purpose, including without limitation promoting and redistributing part or all of the User Contributions (and derivative works thereof) on the Site in any media format or technology now known or hereafter developed.


By posting User Contributions to the Site, either directly or through the designated Users, the Subscriber represents, warrants and covenants that:


  1. It owns or otherwise controls all rights to such User Contributions (including any pictures and other materials contained therein) and that disclosure and use of such User Contributions by WAND (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party;
  2. It owns or has secured all necessary licenses, rights, consents and permissions for such User Contributions and authorizes WAND to make use of these User Contributions in the manner contemplated by WAND, the End User Subscription Agreement and these Terms;
  3. That the content of each User Contribution is truthful and accurate;
  4. Use of the User Contribution you supply does not violate these Terms and the End User Subscription Agreement;
  5. That if there are any other holder of any rights (other than the Subscriber or the Users) including moral rights in such User Contributions that other holder has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above;
  6. That in the event any of the representations, warranties or covenants are untrue the Subscriber agrees to indemnify WAND as the case may be against all actions, proceedings, losses, claims, damages, costs, charges, expenses and liabilities suffered or incurred, and all fines, compensation or remedial action or payments imposed on or required to be made by WAND as a result of any untrue or imperfect representations, warranties or covenants given by the Subscriber.

The Subscriber grants WAND the right to display WAND Wand.education related commercial advertising anywhere on the Site, including without limitation alongside, on the same page as, and/or superimposed on any User Contributions.


WAND has no obligation to monitor the Wand Platform or User Contributions except in line with its Privacy Policy. WAND nevertheless reserves the right to remove any User Contribution at any time for whatever reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Contribution)


8. Who owns the digital packages of lessons that I use and modify and the Wand Platform?


WAND is and remains the owner of the property rights over the digital packages of lessons. In some cases, the content storyboards and associated text and multimedia (image, video, audio) resources are the property of the author and/or publisher mentioned in the package description.


All intellectual property rights subsisting in the Wand Platform are the property of WAND and no intellectual property rights are transferred to the Subscriber.


The Subscriber undertakes not to reproduce the platform or any part thereof belonging to WAND by any means and in any form whatsoever, including the cases where the reproduction would be caused by the upload, display, transmission or storage of data, as well as not to create systems with the same features as the Wand Platform. The Subscriber undertakes not to translate, adapt, alter or otherwise transform the Wand Platform or any part thereof.


WAND has the right to replace or change (at its own expense) any part or component of the Wand Platform or other functionalities so as to avoid continuing infringement of any third party intellectual property rights and the Subscriber accepts the changes made to the Wand Platform or its functionalities. If WAND cannot achieve such a replacement or change, WAND may remove the infringing element from the Wand Platform.


9. What rights do I have over the digital packages of lessons or the lessons in the public repository?


As a Subscriber, you have a revocable, non-exclusive, non-assignable, non-transferable, licence valid during the Subscription period (which you are prohibited from licensing to any other party) to:


  • - use the lessons through the Teachers and Students Accounts;
  • - share the content using the platform sharing functionality;
  • - modify the existing content, but only for your own use through the Teachers and Students Accounts.

10. Are there any rules of conduct?


The Subscriber agrees that the Site contains Services and Materials specifically provided by WAND, and/or its partners, and User Contributions and that such Services, Materials and User Contributions might be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized below or as otherwise approved by WAND, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Services, Materials and User Contributions.


The Subscribers have a revocable, non-exclusive, non-assignable, non-transferable, licence (which you are prohibited from sub-licensing) to display the Materials and Services (excluding any software code) using the means provided by WAND (e.g., through the use of “embed” codes), to share the content using the platform sharing functionality and to modify the content of the Materials or Services, provided that the Subscriber maintains all notices regarding the copyright and other proprietary rights indicated therein. Except as set forth below, reproducing, copying or distributing any Materials, Services or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of WAND.


Each Subscriber shall use the Wand Platform respecting all applicable laws and regulations. Each Subscriber shall ensure that all of its teachers, other staff, students and all Users with access to a Teachers or Students Account shall comply with these obligations.


More specifically, but without limitation, a Subscriber and/or User shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Site that


  1. infringes any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other right of any other person or entity;
  2. includes video, image or a photograph of another person (each of which shall be that person’s personal data) or an identifiable location that the Subscriber and/or User has posted without that person's or the owner of such location’s consent;
  3. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, sexually explicit or profane, depicts nudity, unlawful activities, death or violence, or encourages conduct that could constitute a criminal offense;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
  5. involves commercial activities and/or sales without WAND’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  6. advertises to, or solicits, any other Subscriber and/or User of the Wand Platform to buy or sell any products or services through the Site other than as incorporated in User Contributions which are otherwise in accordance with these Terms;
  7. displays an advertisement, or accepts payment or anything of value from a third person in exchange for the Subscriber and/or User performing any activity on or through the Wand Platform on behalf of that person;
  8. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of WAND or any third party; or
  9. is not appropriate for children below 18 years old;
  10. impersonates any person or entity, including any employee or representative of WAND.

Additionally, a Subscriber and/or User shall not: (i) take any action that imposes or may impose an unreasonable or disproportionately large strain on the infrastructure, bandwidth or network capacity of WAND; (ii) interfere or attempt to interfere with the proper working of the Site or the overall Wand Platform or any activities conducted on the Site; or (iii) bypass any measures WAND may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site).


Subscribers and/or Users shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site or as explicitly provided on the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that a Subscriber and/or User receives under these Terms.


The Subscriber undertakes not to use the Wand Platform except within the limits agreed upon under the End User Subscription Agreement and the present Terms, not to transfer to another person the rights relating to the Wand Platform, and not to use the Wand Platform for any other purpose, or in any other location, or through persons other than those stipulated in these Terms and the End User Subscription Agreement.


Subscribers shall ensure that these rules of conduct and the Terms are complied with by those Users it has designated to use the Wand Platform, the Subscribers being fully liable towards WAND for any damages resulting from a breach of the rules of conduct or the present Terms by any User.


11. What if I want to stop using Wand.education?


The Subscriber may both terminate its Subscription and withdraw consent, at any time, being also entitled to delete any information, including User Contribution, from its account.


However, even though you might delete your User Contributions when closing your account, you understand and agree that the User Contributions you may have consented to being made available in the public repository shall remain elsewhere if they were stored in the meantime by other Subscribers or Users.


If you do not delete your User Contribution or, even if deleted, they remain elsewhere if they were stored in the meantime by other Subscribers or Users (if you made them available to other Subscribers or Users), all intellectual property rights over the User Contributions will be transferred to WAND automatically for free.


Without prejudice to the rights granted to WAND under this Clause, upon termination by the Subscriber, WAND is entitled to delete any User Contributions and other materials available in the Subscriber’s account. This information cannot be recovered once the account is terminated.


Upon the Subscriber’s termination, all access rights to the Wand Platform of any related Student Accounts or Teacher Accounts will be terminated simultaneously.


The Subscriber may also terminate only specific Teacher Accounts or Student Accounts. In such case all access rights relating to such Student or Teacher Accounts will be terminated immediately.


Provisions included in the present Terms or the End User Subscriptions Agreement regarding ongoing obligations of the parties will survive the termination of the Subscriber’s Account. By way of example, such provisions are: licenses related provisions, limitations of liability, terms regarding intellectual property.


12. Any other legal aspects I should know?


12.1 Third Party Sites


The Wand Platform may permit Subscribers and/or Users to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under WAND’s control, and the Subscriber acknowledges that WAND is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by WAND or any association with its operators.


By entering these websites you are subject to their Terms of Use and are outside the obligations placed on WAND within these Terms and our Privacy Policy. The Subscriber further acknowledges and agrees that WAND 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 the use of or reliance on any such content, goods or services available on or through any such website or resource.


12.2 NO WARRANTIES


To the extent permitted by applicable law, subject to our obligations set out in our Privacy Policy, the Wand Platform and all content, materials, User contributions, submissions, products and services included in or available through the Site, are provided “as is” and “as available”.


The Wand Platform and all content, User Contributions submissions, products and services are provided without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. WAND, its distributors,its agents, partners, suppliers and content providers do not warrant that:


  1. Any Services, content, Materials or User Contributions, including, without limitation, any results, data, or information obtained through the Services will be accurate, reliable, or complete;
  2. The Service will be secure or available at any particular time or location;
  3. Any defects or errors will be corrected;
  4. The content, Materials, Services or User Contributions are free of viruses or other harmful components; or
  5. The results of using the Services, or obtaining products through the Services, will meet a Subscriber’s requirements. A Subscriber’s use of the Services is solely at its own risk. Neither WAND nor its distributors, or its agents, partners, suppliers or content or materials providers makes any warranties of any kind in regard to any content, User Contributions, Materials, Services and all other information expressed or posted on the Site.

12.3 LIMITATION OF LIABILITY


To the extent permitted by applicable law, WAND, its officers, directors, employees, agents, or suppliers shall in no event be liable under contract, tort, strict liability, negligence (including gross negligence) or any other legal theory with respect to the Site, the Materials, the User Contributions the Services or any content or products accessible through the Site and Services:


  1. For any lost profits, loss of data, loss of clientele, loss of opportunities, damages to reputation or goodwill, lost savings, damages caused by interruption of operations or any other special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising),
  2. For any bugs, viruses, trojan horses, or the like (regardless of the source of origination),
  3. For any errors, omissions, or inaccuracies in any content, Materials, User Contributions or Services or for any loss or damage of any kind incurred as a result of the Subscriber’s or any of its designated students and teachers use of any content, Materials or Services posted, emailed, transmitted or otherwise made available at or through the Site and Services. The Subscriber specifically acknowledges that WAND shall not be liable for any content, Materials, Services, User Contributions or user conduct.

In any case, WAND’s liability will be limited to the amount of the last Subscription fee paid by the Subscriber concerned to the Partner in the last year. Where you are still in the trial period, your only remedy will be to terminate your use of the Wand Platform by closing your account.


12.4 Indemnification


The Subscriber agrees to defend, indemnify, and hold harmless WAND, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from the User’s it has designated or its own:


  1. use or misuse of the Wand Platform;
  2. access to the Site, use of the Services, Materials, User Contributions content and violations of the Terms;
  3. infringement by Subscriber, Users, or any third party using their accounts, of any intellectual property or other right of any person or entity.

WAND reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by a Subscriber, in which event the Subscriber will assist and cooperate with WAND in asserting any available defences. This obligation survives the termination of these Terms and the End User Subscription Agreement for a period of 10 years.


12.5 Governing Law


These Terms apply to all Subscribers and take precedence over the End User Subscription Agreements and all prior or contemporaneous communications and proposals (whether oral, written or electronic) between a Subscriber and WAND or its distributors with respect to the Wand Platform and other content.


12.6 Integration and Severability


These Terms apply to all Subscribers and take precedence over the End User Subscription Agreements and all prior or contemporaneous communications and proposals (whether oral, written or electronic) between a Subscriber and WAND or its distributors with respect to the Wand Platform and other content.


If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.


12.7 Publicity


WAND reserves the right to use the name and/or logo of the Subscriber in publicity material, or in advertising or marketing campaigns unless the Subscriber specifically tells us it does not consent. The names, address details and all other personal information of the Users will remain confidential at all times.


12.8 Miscellaneous


These Terms and the access to the Wand Platform are personal to the Subscriber, and are not assignable, transferable or sub-licensable by the Subscriber, except with WAND’s prior written consent. WAND may assign, transfer or delegate any of its rights and obligations hereunder without consent.


No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.


In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees.


All notices under these Terms will be in writing, transmitted by facsimile or e-mail and will be deemed to have been duly given when receipt is electronically confirmed, provided that this falls in a working day in the country of the recipient.


12.9 Notice and Take-down


WAND has adopted the following general policy toward IP infringement. It is WAND’s policy to (1) block access to or remove content and materials that it believes in good faith to be proprietary material that has been illegally used, copied and distributed by any of our affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that any content residing on or accessible through the Wand Platform infringes an intellectual property right, please send a notice of IP infringement in writing to WAND, Attn: WAND 10 Old Burlington Street, London, England, W1S 3AG, or to admin@wand.education, containing the following information:


  • a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that has been allegedly infringed;
  • identification of works or materials or marks being infringed;
  • identification of the content that is claimed to be infringing including information regarding the location of the content that the owner seeks to have removed, with sufficient detail so that WAND is capable of finding and verifying its existence, for instance include if possible the URL of the content;
  • contact information about the notifying party, including address, telephone number and, if available, e-mail address;
  • a statement that the notifying party has a good faith belief that the content is not authorized by the owner, its agent, or the law; and
  • a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the owner.

Once proper infringement notification is received by WAND, it is WAND’s policy to remove or disable access to the infringing content and to notify the content provider, member or user that it has removed or disabled access to the content.


12.10 Termination by WAND


WAND may terminate a Subscription immediately and without the intervention of a court by giving written notice, in case a Subscriber breaches any of these Terms. A distributor might notify WAND to terminate the Subscriber’s account based on a breach of the End User Subscription Agreement, in such case the Subscriber will not initiate any cause of action against WAND, waiving any rights and ways of action it might have against WAND. In these cases, all access rights to the Wand Platform of any related Student Accounts or Teacher Accounts will be terminated simultaneously.


WAND may terminate a Subscriber’s access to all or part of the Wand Platform immediately and without the intervention of a court by giving written notice, in case a User breaches any of these Terms.


Provisions included in the present Terms regarding ongoing obligations of the parties will survive the termination of the Wand.education Account. By way of example, such provisions are: licenses related obligations, limitations of liability, terms regarding intellectual property and data security. The provisions of Clause 11 (What if I want to stop using Wand.education?) regarding the User Contributions will apply accordingly when WAND terminates the Subscription.


12.11 Final provisions


WAND reserves the right to modify or replace any of these Terms at any time, at its sole discretion in line with its evolving legal obligations. WAND will notify the Subscribers of any changes on the Terms by sending an update email.


WAND may change the existing Services, Materials or content and/or introduce new Services or Materials. WAND will notify the Subscriber of such change by sending an update email.


WAND will only store the most recent version of these Terms.


If you notice any conflicts between the Terms, the Privacy Policy or other Wand.education instructions, please contact us so that we can resolve the conflict without further inconvenience, being agreed that WAND is solely entitled to determine the prevailing provisions.


13. Contact


If you have any questions about the Wand Platform or these Terms, you can contact WAND through the following contact details:


10 Old Burlington Street, London, England, W1S 3AG, for the attention of the Customer Service Manager, address: admin@wand.education


[1]WAND.Education is a trademark owned and registered by WAND and/or its affiliates.