1. Introduction

   These are the Terms and Conditions that apply to institutions and businesses that agree to obtain multiple Memberships of http://www.mangahigh.com/ (the "Mangahigh Service"), and, together with the Mangahigh Purchase Order that refers to these Terms and Conditions (the "PO"), form the "Agreement".

   The Agreement is between the business or institution specified in the PO (the "Enterprise" or "you") and Blue Duck Education Limited, a company registered in England under registration number 6626639 ("Blue Duck", "we" or "us").

   The PO specifies (a) the number of Memberships of the Mangahigh Service that the Enterprise is subscribing for (the "Subscription"), and which are to be provided for the benefit of the Enterprise’s students, users or customers ("End-Users"), (b) the Price of the Subscription fees that are to be paid to us for those Memberships, and (c) the "Term", at the end of which all the Memberships will cease.

   The Enterprise must nominate the End-Users who are to be granted Membership, up to the maximum number for which the Subscription fees are paid. If an End-User ceases his/her Membership before the end of the Term, he/she may be replaced as a Member by another End-User nominated by the Enterprise. It is the Enterprise’s responsibility to administer the allocation of Memberships to its End-Users.

   The Enterprise must ensure that the email address we hold on behalf of it is kept up-to-date – we will be sending important messages to it. If that email address changes, then you must notify us of the new address in accordance with Clause 16 below.

2. Our User Agreement

   Each End-User must agree to our "User Agreement" (http://www.mangahigh.com/en_us/about/termsandconditions/section/useragreement) as a condition of using the Mangahigh Service. If an End-User does not do so, this will not entitle you or the Enterprise to any rebate of the Subscription fees that are paid to us.

   An End-User is referred to in the "User Agreement" as (a) a User, and (b) a Member where he or she avails of a Membership of the Mangahigh Service under your Enterprise’s Subscription. "User" and "Member" have the same meanings in this Agreement.

   The Enterprise agrees to take responsibility for End-Users' (a) use of the Mangahigh Service, and (b) compliance with the "User Agreement".

3. Benefits of Membership

   You can see the benefits of Membership on our home page (http://www.mangahigh.com/).

   Note that we are not an internet service provider. In order to avail of the Mangahigh Service, each End-User must have internet access and all the software (and skills) required for email and web usage.

4. Subscriptions

   The Subscription permits the number of Memberships for the Term identified in the PO. All Memberships will come to an end when that Term ends (irrespective of how long an individual End-User has held that Membership).

   The Term runs from the date when we notify you by email that we have made Membership available to End-Users. We will give this notice to you after you pay the relevant Subscription fee, or (if, in our discretion, we are prepared to do so in advance of receiving that fee) following the execution of the PO.

   You agree to pay the Price for Subscription within 14 days of any invoice we issue. We will be entitled to charge interest on any sums owed to us at the rate of three percent per annum above the then-current base rate of HSBC Bank Plc from the date payment becomes due until payment in full.

   For the avoidance of doubt, there is no right to cancel the Enterprise’s Subscription during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.

   Please note that we reserve the right to change the amount of the Subscription fee, the period which it covers and the Mangahigh Services that it enables End-Users to obtain. However, these changes will not take effect until the end of the Term.

5. Privacy policy

   Blue Duck's Privacy Policy (http://www.mangahigh.com/en_us/about/termsandconditions/section/privacypolicy) forms part of this Agreement, and by agreeing to this Agreement, you give your consent to the way we may handle your personal data (and that of End-Users) as detailed in that policy.

6. Excluded loss

   We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Blue Duck will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

7. Maximum liability

   Without limiting the preceding Clause, the aggregate liability of Blue Duck in connection with this Agreement, whether arising in negligence or otherwise, in any successive twelve-month period (the first such twelve-month period commencing on the date when the Term commences) will not under any circumstances exceed the greater of (a) £50, or (b) the sums that you have actually paid to us by way of Subscription fees in respect of that twelve-month period.

8. Non-excluded Liabilities

   Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights of consumers remain unaffected.

9. Indemnity

   The Enterprise agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of (a) this Agreement by the Enterprise, or (b) the "User Agreement" on the part of any of the End-Users.

10. Assignment

    We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You and the Enterprise may not without the written consent of Blue Duck assign or dispose of this Agreement.

11. Entire Agreement

    This Agreement, including any documents incorporated into it, contains the whole of the agreement between us and the Enterprise concerning its subject-matter, replacing all earlier or other agreements and understandings, except for any fraud or fraudulent representation. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

12. Changes to this Agreement

    Blue Duck reserves the right to change these Terms and Conditions from time to time, and post the new version on the Mangahigh Service. When we do so, we notify the fact that there are changed terms at http://www.mangahigh.com/en_us/about/termsandconditions/section/enterpriseagreement and post the new Agreement there. However, if the Enterprise does not wish to be bound by the changes we make in any new version of these Terms and Conditions, then it can choose instead to remain bound by these Terms and Conditions until the end of the Term.

13. Severability

    In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

14. Law

    This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and is subject to the non-exclusion jurisdiction of the English courts.

15. Suspension/Termination

    We shall be entitled to suspend or terminate any or all Memberships immediately in the event that you are in breach of this Agreement, and have failed to correct that breach within 7 days of any notice from us specifying the breach.

16. Contact

    The Enterprise may contact us by post at Blue Duck Education Limited, Unit 4A, Heal's Building, 22-24 Torrington Place London WC1E 7HJ, England or by Fax on +44 (0)20 7631 4908. Please make sure you include your full name and email address with all correspondence. Our VAT number is 944 1933 14. We are entitled to serve any notice on you under or in connection with this Agreement by sending an email to the email address specified in the PO, which you can change by notifying us of the new email address by post or fax as provided in this Clause.

1. Who do you send email messages to?

   Apart from user initiated actions (such as password resets), we only send e-mails to users that have either opted-in to receive them or are paying for a subscription to Mangahigh for full access to our site.

2. When do you send messages to paid/subscribed users?

   We will send our members an e-mail invoice on the anniversary of their account, when the payment is processed (successfully or unsuccessfully).

   Also, we will notify our members by email of:
   • any significant change to our terms and conditions
   • any significant change to our service such as withdrawal of functionality or pricing changes
3. When do you send messages to "opted-in" users?

   We will send no more than 1 email a week detailing changes and updates to the Mangahigh service: this could be addition of new games, availability of new lessons on Prodigi®, changes to pricing or other similar announcements.

4. Who has access to my details?

   Blue Duck Education Ltd (operators and owners of Mangahigh.com ), a company registered in England and Wales under registration number 6626639, look after your details in accordance to the Data Protection Act. Blue Duck Education Ltd. is registered as a Data Controller at the Information Commissioner's Officer under number Z1748961. Only Blue Duck Education Ltd. and our mailing partner MailChimp Inc have access to your email address. We do not provide your contact details to anybody else.

5. How do I "opt-out" once I've opted in?

   You can opt out of receiving email notifications from your "Profile->Account" page.

6. I am a paid subscriber, how do I stop receiving payment notifications?

   Unfortunately, you cannot unsubscribe to email notification regarding payments, as it is a legal requirement for us to notify you of your payments and any associated changes to payments.

7. Do you sell my details to anybody else?

   No

8. Do you make your list email addresses available to anybody else to send messages to me?

   No, with the exception of MailChimp Inc. who handles the delivery of our bulk messages. MailChimp have an agreement with us to not use the email addresses for any other reason.

1. Personal data, or personal information as we sometimes call it, means data which is capable of identifying a living person. Users, Members and Parents will from time to time provide us with personal data, such as the following:
   1. name, address, email address, telephone number(s) and images
   2. in the case of Parents, payment information, such as credit card or bank account numbers;
   3. information based on Users‘ activities on the Mangahigh Service;
   4. correspondence between the User or Parent and us; and
   5. other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the Mangahigh Service, ad data, IP address and web log information.
2. Your personal data will be collected, processed, stored and used by us, and passed to and processed by our subsidiary and/or affiliated companies and other data processors acting under contract with us to provide and promote the Mangahigh Service, to process payments you make to us, to provide customer support, and for other purposes referred to in this Privacy Policy the User Agreement and the Parent Agreement. It is possible that some of the computer systems and companies that process your data on our behalf may be based in countries outside the European Union (“EU”). Countries outside the EU may not have as well developed data protection laws to protect your information as those inside the EU, but we will contractually require that personal data which is processed on our behalf is treated in compliance with EU laws and this Privacy Policy.
3. In the course of using the Mangahigh Service, Users may make their personal data available to others. It is Users‘ responsibility to decide whether they wish to disseminate information about themselves (including personal data) in their use of the Mangahigh Service.
4. Cookies are small files which, depending on your browser settings, may be automatically stored on your computer's hard drive when your Web browser accesses a specific Web page. The cookies on the Mangahigh Service are set by us, or (where an advertiser deploys a cookie) by the advertiser. You may not be able to use certain aspects of the Services if your browser is set to reject cookies. You can find out how to manage cookies, and to make the changes to your browser that we refer to above at this site: http://www.aboutcookies.org/Default.aspx?page=1
5. The Mangahigh Service may also include very small files provided by one or more online advertising networks that help them more precisely to target advertising to users of the Mangahigh Service, based on users‘ activity on websites within those networks. These files do not access or use information by which users can be personally identified. If you wish, you can prevent these files from using non-personal information about you by either deleting the cookie folder in your browser or by putting your browser‘s Privacy setting higher, but doing so will mean that you will not be presented with advertising that reflects the way that you use our, and other, websites - and may well adversely affect your experience of websites that use cookies to enhance or personalize that experience.
6. We may use technology to collect anonymous information about the use of the Mangahigh Service. For example, our web server may automatically log which pages of the Mangahigh Service users view, their IP addresses and which web browsers they use. This technology does not identify the User personally, but enables us to compile statistics about the use of the Mangahigh Service, and to help target content and advertising to them more accurately.
7. The websites you visit, including those of advertisers, have their own privacy policies. We advise you to review the privacy policies of websites before providing them with any of your personal information.
8. We encourage you to tell us how you wish us to use your personal data for marketing of services and products to you.
   1. Emailed communications. We give you the option to receive emailed newsletters and/or marketing communications from us in relation to our or third parties‘ services and products that we think may be of interest to you; each such communication will give you the opportunity of opting-out of receiving future similar communications. See Clause 9 below concerning our Service Messages.
   2. Post and fax. We will not send marketing materials to you by post or fax.
9. Please note that we may send you important emails or text messages concerning your use of the Mangahigh Service (“Service Messages”). Service Messages are an integral part of the Mangahigh Service, and cannot be opted-out of, unless and until you have cancelled your use of the Mangahigh Service.
10. We take appropriate technical and organisational measures to guard against unauthorised or unlawful processing of your personal data and against accidental loss or destruction of, or damage to, your personal data. While no computer system is completely secure, we believe the measures implemented by our site reduce the likelihood of security problems to a level appropriate to the type of data involved. We have security measures in place to protect our User database and access to this database is restricted internally. However, it remains each User's responsibility:
    1. to ensure no-one else uses the Mangahigh Service while the User‘s machine is "logged on" to the Mangahigh Service;
    2. to log off or exit from the Mangahigh Service when not using it; and
    3. to keep his/her password or other access information secret.
11. We will retain your personal data only as long as is necessary for the purposes to which you consent under your agreement(s) with us and this Privacy Policy, or as is required by applicable law, and then we will delete it.
12. Your personal data may be disclosed if we or an entity processing your data on our behalf are compelled to do so by law, or receive a valid, legally compliant request by a law enforcement or governmental authority.
13. To inspect, change or correct your identity and contact information, please log-in to the Mangahigh Service and visit the ’Profile‘ section at http://www.mangahigh.com/en_us/account. If you have other questions about the handling or protection of your personal data, a written enquiry should be addressed to by email to privacy@mangahigh.com
14. We do not store credit card details nor do we share customer details with any 3rd parties
15. This Privacy Policy is governed by the laws of England and Wales.

Mangahigh.com® and Prodigi® are Registered Trademarks of Blue Duck Education Ltd in the United Kingdom and certain other jurisdictions. The Mangahigh logo, characters and other indices are trademarks and/or registered designs of Blue Duck Education Ltd in the United Kingdom and certain other jurisdictions. All other trade marks that appear on the Mangahigh website are the property of their respective owners and are used solely to refer to those companies' goods and services.

Mangahigh and Mangahigh.com are trading names of Blue Duck Education Limited ("Blue Duck"), a company registered in England under registration number 6626639, registered at the Information Commissioner's Officer as a Data Controller under registration number Z1748961, and registered for European VAT under number GB 944 1933 14.

Blue Duck Education Ltd's registered office is Unit 4A, Heal's Building, 22-24 Torrington Place, London WC1E 7HJ, United Kingdom

• These are the Terms and Conditions that apply to parents or guardians who sign up for a subscription to this site (the “Mangahigh Service”)
• The person for whom you pay that subscription – for the duration of that subscription – is referred to as a Member in the Blue Duck User Terms and Conditions (the “User Agreement”)
• For simplicity, we refer to anyone who signs-up for a subscription to the Mangahigh Service as a “Parent”

1. Introduction.

   This Agreement is a legal document which sets out your rights and obligations, and those of Blue Duck Education Limited, a company registered in England under registration number 6626639 ("Blue Duck", "we" or "us"), in relation to your role as a parent or guardian (“Parent”) who subscribes on behalf of a dependent of yours (the “Dependent User”) to use the games and other products and services offered by Blue Duck through this site (collectively, the "Mangahigh Service").
   You must take the time to read and understand this Agreement before agreeing to take a subscription to the Mangahigh Service (a “Subscription”). By registering, you accept that you are entering into a contract with us on the terms of this Agreement.

   You should be aware that this Agreement may change from time to time in accordance with Clause 13 below.

   Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages. You must inform us if your email address changes.

2. Our User Agreement.

   Your Dependent User must agree to our User Agreement as a condition of using the Mangahigh Service. If he or she does not do so, this will not entitle you to any rebate of the Subscription fees you pay to us. So by agreeing to pay those Subscription fees, you acknowledge – both for yourself and your Dependent User – that you have read and agreed to our User Agreement.

   Your Dependent User is referred to in the User Agreement as (a) a User, and (a) for so long as your Subscription to the Mangahigh Service continues, a Member. Those terms have the same meaning in this Agreement.

   By agreeing to this Agreement, you also agree to take responsibility for your Dependent User’s (a) use of the Mangahigh Service, and (b) compliance with the User Agreement.
   Note that we are not an Internet service provider. In order to avail of the Mangahigh Service, each User must have Internet access and all the software (and skills) required for email and web usage.

3. Subscriptions.

   If you decide to pay for your Dependent User to become (or continue as) a Member, you are agreeing that we will make the benefit of being a Member available to that Dependent User reasonably promptly after you pay the relevant Subscription fee. This means that you do not have the right to cancel your Subscription during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.

   Our Subscription fee will be communicated to you when you sign up for Subscription.

   Subscription to the Mangahigh Service is periodic (ie, monthly, six-monthly or annual) and continuous. This means that the Subscription will be automatically renewed at the end of the then-current Subscription. You may check the status of your subscription at anytime by viewing your Account Settings. If you do not wish to proceed with automatic renewal of your Subscription, you will be able to do this by changing your Account Settings online at any time before the renewal date.

   If the Subscription fee is going to increase, we will notify by email of the amount of the new Subscription fee at least 14 days before it is implemented.

   A continuous Subscription may lapse due to our inability to take payment using your selected payment method – such as if you change credit card. In that event, you will need to arrange to make payment in order to renew your Subscription.

   Please note that we reserve the right to change the amount of the Subscription fee, the period which it covers and the Mangahigh Services that it enables your Dependent User to obtain. However, these changes will not take effect until your next Subscription renewal date, except with the agreement of the Parent.

   Unless otherwise stated by us on-screen, our Subscription fees are not refundable.

4. Cancellation & Refunds.

   Subscription to Mangahigh.com service is non refundable and non transferable.

   You may notify us of your intent to cancel your subscription at any time using one of the methods listed under section 17 of this agreement. However, the cancellation will take effect at the end of the current billing cycle. You will continue to have the same access and benefits of your subscription for the remainder of the current billing period. You will not receive a refund for the remainder of the current billing cycle.
   
   We reserve the right to cancel a paid up membership without a refund upon breach of the Rules and/or Terms and Conditions of the site.

5. Registration.

   If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges that are deducted from it.

6. Privacy Policy.

   Blue Duck's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data (and that of your Dependent User) as detailed in that policy.

7. Excluded loss.

   We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Blue Duck will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

8. Maximum liability.

   Without limiting the preceding Clause, the aggregate liability of Blue Duck under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to (a) the monthly Subscription fee payable at the time liability arises, or (if greater) (b) the sums that you have actually paid for your Dependent User’s then-current Membership.

9. Non-excluded Liabilities.

   Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability that may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

10. Indemnity.

    You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of (a) this Agreement by you, and (b) the User Agreement on the part of your Dependent User.

11. Assignment.

    We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement.. You may not without the written consent of Blue Duck assign or dispose of this Agreement.

12. Entire Agreement.

    This Agreement includes our Privacy Policy and the User Agreement. Together they contain the whole of the agreement between us and you concerning the Mangahigh Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

13. Changes to this Agreement.

    Blue Duck reserves the right to change this Agreement from time to time, and post the new version on the Mangahigh Service. When we do so, we notify Parents by posting the new Agreement on our website. This Agreement, and any new version of it in the future, takes effect immediately. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous Blue Duck Terms and Conditions until the next renewal date for the Subscription fee.

14. Severability.

    In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

15. Law.

    This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

16. Keeping this Agreement.

    We don't separately file the individual Agreements entered into by Parents. You can access it at http://www.mangahigh.com/en_us/about/termsandconditions. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

17. Contact.

    You can contact us by post at Unit 4a, 22-24 Torrington Place, London, WC1E 7HJ or via email at support@mangahigh.com. Please make sure you include your full name and email address with all correspondence. Our VAT number is 944 1933 14.