Terms and conditions

bettermarks GmbH Terms of Use

Updated: March 2013

Preliminary Remarks

bettermarks provides users with an online learning system for mathematics at bettermarks.com Purchase of a subscription or a licence (e.g., a class or school licence) enables use of all available features and content. Separate conditions apply for use of the premium services.

1. Registration

(1) Registration is free of charge.

(2) The user is obliged to enter truthful information when registering, as required by the registration form.

(3) Registration of a third party is authorised exclusively for parents and legal guardians for the child in their care, and teachers with the permission of a parent or legal guardian.

(4) bettermarks saves user data in accordance with current data protection legislation and does not make use of this data without express permission. Further information on this can be found in our Data Protection Policy.

2. Scope of Service

(1) The services available for use are restricted dependant on purchase of a subscription or licence.

(2) bettermarks reserves the right to restrict the free content and features at any time. The user retains no right to claim permanent free use of the services and features.

(3) The user purchases the non-transferable and non-exclusive right to print out or display the exercises and solutions provided by the computer system of bettermarks on his or her own screen for the purposes of teaching and studying.

This is permitted exclusively when using the bettermarks system. Automatic retrieval using programmed scripts or the like is not permitted.

bettermarks exclusively retains all rights (copyrights, trademarks and other protected rights) to the data warehouse, the database and the content, data and other elements released on the internet.

(4) Usage of any kind for purposes other than education, especially if those purposes are commercial in nature, is not permitted.

The user is obliged to keep his or her login data secret, especially the password. The user must inform bettermarks of any misuse of passwords or user accounts immediately.

Parents and legal guardians have the responsibility to ensure that their child observes the obligations contained in these terms of use.

(5) If the user is in violation of these terms of use, bettermarks reserves the right to block access to the related user account either partially or completely, other rights notwithstanding.

3. Prices

(1) Creation of an account is free for students, parents and teachers. Usage of bettermarks is free for teachers to view and calculate “Level 1″ exercises. It requires only registration according to clause 1.

(2) Usage of bettermarks above and beyond this can be purchased separately.

4. Cancellation

(1) Subscriptions (for private users) can be cancelled either online or in writing by e-mail, fax or letter.

(2) Cancellation of a school or class licence (teachers, institutions) is not necessary, because the contract automatically ends on the expiration date of the licence contract. It is not extended without express renewal by the user.

(3) In the case that an account is cancelled, bettermarks will delete all personal data related to that user account. This especially affects information entered in the user profile, and all data about learning progress.

5. Changes to these Terms of Use

bettermarks reserves the right to make changes to the terms of use. In this case, the user will be notified by e-mail not later than two weeks before the changes take effect. The changes are deemed accepted if the user does not explicitly reject them within four weeks of receipt of the notification e-mail, or if the account is accessed after receipt of said notification. If the User rejects the changes, bettermarks has the right to cancel the contract with two weeks’ notice.

Information on Online Purchasing

A portion of our services is available to purchase online. We ask that users read the following information carefully:

(1) Steps to concluding a contract – private individuals

This service will be available soon. For more information, please contact bettermarks at contact.us@bettermarks.de

(2) Concluding a contract as a school / institution / teacher

A contract is created between you and bettermarks when you sign and return by post the contract documentation that was sent to you by e-mail on your request, unless we immediately reject your purchase.

For documentation purposes, we send a confirmation e-mail after the purchase is finalised.

(3) Content and text of the contract

It is only possible to finalise a contract in the German language.

The content of the contract between the user and bettermarks is taken firstly from the service selected by the user from the internet pages of bettermarks and related price given for that service by bettermarks. In this respect, there is no pre-formulated contract text.

Should you require this part of the content of the contract for your documents, you are permitted to print out and archive the relevant internet pages using the “Print” function of your internet browser.

(4) Finding and fixing input errors

You can find any input errors in your billing address, method of payment or payment details before agreeing to the contract by thoroughly checking the information you have entered in the relevant confirmation pages.

Please take note that you are not able to change affected binding agreements unilaterally after finalising the contract.

Answers to problems or questions to do with using bettermarks can be found in the “Help” section of your personal bettermarks centre. Should you be unable to find an answer to your particular problem or question there, we are happy to help you by telephone on 0049 (0)30 300 2440 00 or by e-mail at contact.us@bettermarks.de.

Cancellation Policy

Users have the right to cancel their contract according to § 355 BGB (the German Civil Code):

You can cancel your contract in writing (e.g., letter, fax or e-mail) for any reason within two weeks after the contract has started. You do not need to state your reasons for cancellation. The notice period begins on receipt of the cancellation request. Timely provision of the cancellation is sufficient to observe the cancellation notification period.

Please send your cancellation request to:
bettermarks GmbH
- Customer Service -
Skalitzer Str. 85-86
10997 Berlin
Fax: +49 (0)30-3002440-10
E-mail: contact.us@bettermarks.de

Consequences of Cancellation

In the event of an effective cancellation, any products or services received by the parties are to be returned and usage shall be suspended. If you are unable to return the services to us either completely or partially, or they are in a damaged condition, you must compensate us to an equivalent value. Payment reimbursement obligations must be fulfilled within 30 days. This period begins for you when you dispatch your cancellation request, and for us on receipt of said request.

Special Notice

In the case of a service, your right of cancellation expires early if bettermarks begins to provide the service with your express agreement before the end of the cancellation period, or if you have caused this yourself (e.g., by working on exercises, etc.).

Data protection policy

The online learning system bettermarks is owned and managed by bettermarks GmbH, Skalitzer Str. 85-86, 10997 Berlin (“bettermarks” or “we”).

It is very important to us to handle all our users’ personal data with the utmost reliability and security. In as far as we collect, process or use personal data in the course of providing our services, this transpires within the remit of the correpsonding data protection legislation.

The following data protection policy serves to make as transparent as possible exactly which user data we save and for what purposes we use this data in each case.

(1) What data does bettermarks use??

Customer Data

You can visit our basic services without sharing any personal data with us. When you decide to work with our online learning system actively, we collect the following data from you:

As a student: Username, password and a valid e-mail address or class number (during registration). When registering with a class number, no e-mail address is required.

As a teacher: Password, title, first and last names, a valid e-mail address, the type of school and its address.

As a parent: a valid e-mail address and a password.

Learning Progress Data

While you use our online learning system, bettermarks collects certain data (so-called “learning progress data”), in order to guide you to appropriate exercises and to show you your progress. The learning progress data are only visible in the user’s and/or contract partner’s private account. When used in a school context such as homework and exercise series, the data are visible to the user and the user’s teacher(s). We will never share learning progress data with a third party.

The learning progress data include among other things the number of completed exercise series and exercises, the status of work in progress, the time taken for each task and the number of error-free and incorrectly completed exercise series and exercises.

(2) Cookies

You must accept cookies for bettermarks in your browser for bettermarks to function properly. The reason for this is that your internet browser saves small packets of data (“cookies”) on your computer that contain information about your visit to our website. Most browsers are set to accept cookies as their standard setting. If you would like your browser to reject cookies automatically or to ask your permission before accepting them, you can change this configuration. Rejecting these cookies can however mean that not all of our services function without disruption. bettermarks installs cookies permanently, based on each usage session.

How does Google use cookies for conversion tracking?
Google uses cookies so that companies (such as bettermarks) who pay Google for connecting advertisements can determine how many people who click on the advertisements subsequently purchase corresponding products. The cookie for conversion tracking is only saved in your browser when you click on a Google advertisement that has been selected by the advertised company (such as bettermarks) for conversion tracking. These cookies expire after 30 days and retain no information that can identify you personally. If you visit certain pages on the company’s website (such as that of bettermarks) and the cookie has not yet expired, both Google and the company (such as bettermarks) can recognise that you have clicked on the the advertisement and have been directed to this page. Every user receives a different cookie. This means that cookies cannot be tracked through the website of the company (such as bettermarks). If you would like to deactivate conversion tracking cookies, you can set up your browser to block cookies from the domain “googleadservices.com”.

(3) Web Analysis with Google Analytics

bettermarks uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text data that are saved on your computer and that enable an analysis of your bettermarks usage. Information collected through the cookie about your usage of this website is usually transferred to a Google server in the USA and saved there. Because bettermarks has activated IP anonymisation on this website, Google truncates your IP address prior to saving it if you are in a member state of the European Union or another state that is a party to the Agreement on the European Economic Area. IP Addresses are only transferred to a Google server in the USA and then subsequently truncated in exceptional cases. On behalf of bettermarks, Google uses this information to evaluate your usage of the bettermarks website in order to create reports about website activity and to provide bettermarks with further services related to the usage of the bettermarks website and the internet. The IP address transferred by your browser for Google Analytics is not combined with other data from Google. You can prevent your browser from saving cookies by changing its settings; however, we remind you that in this case you may not be able to use the full functionality of the bettermarks website and services. Another way to prevent Google from acquiring the data collected through the cookie that pertains to your usage of bettermarks (including your IP address) is by downloading and installing the following browser plugin: http://tools.google.com/dlpage/gaoptout?hl=de

You can find more information about this at http://tools.google.com/dlpage/gaoptout?hl=de and at http://www.google.com/intl/de/analytics/privacyoverview.html (general information on Google Analytics and data protection). We would like to inform you that bettermarks has extended its Google Analytics Code with the Code “gat._anonymizeIp();”, in order to ensure that collected IP addresses are anonymous (so-called “IP-Masking”).

(4) No Unjustified Sharing of Data with Third Parties

bettermarks handles any personal data that you transfer with the utmost care. We will share data with third parties if and only if this is absolutely necessary for implementing and processing contractual obligations (such as for sending activation codes or for getting into contact with you should problems arise), or if you have given us your express permission or if this is allowed under applicable statutory provisions.