Terms of Service
Last updated on 23 September 2021
Thank you for using Melloo!
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://melloo.uk Website, any affiliated webpages and any other services provided and operated (“Services”) by Melloo Ltd (“Melloo”, “Melloo Marketplace”, “Website”, “us”, “we”, or “our”). Melloo has implemented these Terms that govern your use of and interaction with our Services.
Melloo is an open platform and marketplace for people involved or interested in education to share, purchase and sell their original and educational material (“Resources”) that includes: digital products; downloadable products; electronic files; audio and video steaming; gamified activities; and other product formats.
Visitors, Members and Creators
Our Website and Services are made available to individuals (“Users”). This includes Users who access our Website without registering for a Melloo Account (“Account”) (“Visitors”); those who access our Website and have registered for a Melloo Account so that they can access, download and pay for Resources (“Members”); and those who access our Website, have registered for a Melloo Account and paid for a yearly Subscription to share and sell their Resources (“Creators”).To register for an Account, you must be aged 18 years or older. The information you provide when registering for an Account must be true and accurate to the person registering for that Account. Nor must the information you provide violate or impersonate somebody else’s identity. Melloo may ask you to prove your identity with legal documents and/or correspondence to verify your Account. If you are unable to verify your Account, we may disallow you from registering for an Account. If you register for an Account on behalf of a school, group, business, organisation, or any other entity, you must have explicit authority from your entity to register for an Account.
When you register for an Account, you will be asked to provide your first name, last name and email address. You will also be asked to create a password to secure your Account. Together with your password, your email address will be used to sign in to access your Account. It is your responsibility to keep your sign in information confidential and furthermore, you are responsible for all activity that takes place within your Account, regardless if this was your authorisation or not. If you think your Account has been accessed by an unauthorised person, please contact us at email@example.com.
Types of Membership
Melloo offers two types of memberships. A Member Membership (“Membership”, “Member Membership”) and a Creator Subscription (“Subscription”, “Creator Subscription”).
Users can register for an Account and join as a Member for free so that you are able to access, purchase and download Resources, write a review on downloaded and purchased Resources, report an issue or concern regarding a Resource, contact Creators regarding Resources, submit a blog post, write comments on blog posts, report comments made on blog posts, message Creators and other Services Melloo provides. Members can upgrade to a Creator Subscription at any time after purchasing a recurring yearly paid Subscription.
Users can register for an Account and join as a Creator for a recurring yearly paid Subscription so that you are able to upload, share and sell your own original Resources via your Creator shop, access your sales and shop metrics, upload links to your social media channels, purchase promotional spaces, access SEO and marketing tools, and other Services Melloo provides. A Creator Subscription have all the features of a Member Membership and will have an Account set up automatically when acquiring a Subscription.
Memberships and Subscriptions
Memberships are free and, unless otherwise terminated by either the User or Melloo, they will remain perpetually active. Paid Creator Subscriptions will automatically renew each term unless you cancel the renewal or you or Melloo terminates your Subscription.
Melloo may make changes to the Membership and Subscription we provide, including making changes and omitting the features made available. We may also make changes to Membership and Subscription costs at any time.
Any change in costs, Users will be will be notify via the email address that we on record associated with your Account.
Creators are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to due to using our Website and Services.
The agreement between Users and Melloo are set in its entirety in this Terms of Service. Using our Services and becoming a Member and Creator does not form a business, employment, organisation, partnership or any other form of relationship between you and Melloo.
Purchases and Taxes
When purchasing Resources on Melloo, Members will be charged the list price for every item. It is the responsibility of Members to conclude the sale of Resources and pay the total amount due, including any applicable taxes, based on the Member’s location that they provide on the checkout page. By purchasing Resources, you agree that you have provided accurate and truthful billing information at the point of completing a purchase.
Melloo is not responsible for the accuracy of sales tax calculations. When sales tax applies to your purchases, the amount of sales tax due will be calculated at the point of checkout in which may vary from the final sales tax amount charged. If sales tax has not been collected, Members are responsible for the payment of any tax that may apply to your purchase.
Melloo provides a range of online payment methods to pay for purchases, such as a credit and debit card (with Stripe), and PayPal. Cash or cheque payments or any other form of payment will not be accepted. We accept payments in Pound Sterling (GBP) only. Melloo may change or add to our accepted payment methods at the time.
Closure of Account
Melloo may close or suspend the Account of any Member and Creator at any time for any reason without warning and notice. You have the right to close your Account at any time by contacting us at firstname.lastname@example.org.
Once the Account is closed, you will have no access to your Account information, previous purchases, uploaded Resources, and any other access to our Services that require an Account. After your Account has closed, any blog posts, blog post comments or Resource reviews that you have posted will not be removed from our Website.
If the Account of a Creator is closed, all uploaded Resources will be unsearchable, non-viewable and inaccessible to Users. The free and paid Resources of a Creator with a closed Account will remain accessible to the Accounts of Members who have previously downloaded and purchased them.
Melloo may alter, temporarily remove or discontinue any aspects, features and functions of our Services at any time. Any alteration, temporary removal or discontinuation of our Services may result in you losing any aspects, features and functions in your Account, including the loss of any downloaded and purchased Resources, any blog posts, blog post comments or Resource reviews you may have posted. Melloo are not liable to you in any way for any result an alteration, temporary removal or discontinuation of our Services may have on you, including the loss of any monetary income due to the incapability to share and sell Resources through our Services.
Authorisation from Creators
By purchasing a Creator Subscription to sell paid Resources uploaded by you, Creators authorise Melloo through this Terms of Service as an agreement to conclude the sale of purchased Resources on behalf of only you as a Creator. This means you acknowledge, agree and accept Members will receive and access your Resource(s) in its entirety and automatically from Melloo in digital format via email attachment, a confirmation of purchase webpage and within the Account once a Member’s payment for your Resource(s) has been successfully transacted and completed via one of our payment gateways, namely PayPal or Stripe.
Creators authorise us and give permission to hold their payable earnings in our PayPal holding account until you request a withdrawal of payable earnings, at £10.00 or over, to be paid into your PayPal account.
Standards and Principles
It is required that all Users of our Services follow the rules of Melloo’s Standards and Principles which form part of this Terms of Service. If you act against any of these rules, we may temporarily or permanently remove uploaded Resources, blog posts, blog post comments or Resource reviews you’ve posted from your Account, suspend or terminate your Account, issue refunds to Members or take any other action we deem necessary. Melloo at any time may add or change the rules to our Standards and Principles.
Reviews, Comments and Messages
Members and Creators can write messages for Creators, make comments on blog posts and provide reviews on freely downloaded and purchased Resources (“Communications”). A rating and review comment that make up a review must represent your accurate and honest experience of the Resource. Creators must not leave a review on their own Resources. We may remove messages, comments and review comments for any reason without warning or notice and reserve the right to suspend Members from writing messages, comments and reviews.
Melloo has the authority and reserve the right to monitor any Communications uploaded and posted by Users onto our Services. We may investigate any reported Resources, complaints or violations of our Terms and policies and take any action that we consider necessary. This includes, but not limited to, removing any Communications and suspension or termination of Accounts without warning or notice.
We may provide Members and Creators with free prize draws, affiliate programs, offers and rewards (“Promotions”). Melloo are under no obligation to offer a Promotion of any kind or in any form. We may modify any aspect of the Promotion and its rewarded outcome at any time, including the requirements, the terms and the conditions at any time. We reserve the right to modify, suspend or discontinue any Promotion at any time and to revoke or withhold Promotions for Members and Creators from receiving rewarded outcomes.
Resource Licensing Agreement
When accessing, downloading or purchasing Resources, you agree to the terms of our Resource Licensing Agreement.
Melloo Creators own their Resources as well as own and retain the intellectually property rights of their Resources. Creators grant Members licences to use their Resources for limited purposes only. When a Resource is purchased or accessed for free by a Member, the Member purchases or obtains a license to use the Resource in accordance with the terms of Melloo’s Resource Licensing Agreement. All Resources purchased or accessed for free on Melloo Marketplace can only be used in agreement with a license. The two licences available are a (“Single License”) or (“School License”).
The use of any Resource by a Member, whether a Single Licence or School Licence, is subject to Melloo’s Resource Licensing Agreement and these Terms of Service. This includes if the licence was obtained via a purchase by the Member or on their behalf, a purchase as a gift to the Member, obtained for free or obtained in any other form by another person or organisation.
A Single Licence is a licence designated to an individual Member only to use a Resource. A Single Licence may not be designated to or used by an additional Member or other person. A Single Licence allows the Creator to permit the designated Member only to use their Resource a non-exclusive, irrevocable, non-transferable, sub-licensable, royalty-free, worldwide and limited license to use the Resource for the purposes and under the conditions described in the paragraphs below.
When you purchase a Single License, the Creator permits you to designate the use of the Resource to one User. Once a User has been designated, the Single License cannot be used by any other individual or person. The designated User of the Single License can be purchased or obtained for oneself or as a gift for another person. As the designated User of a Single Licence, you are permitted by the Creator to use the Resource for personal and educational usage and purposes only (“Personal Use”). You are also permitted to print and make copies of downloadable Resources for Personal Use. Copies may be made and provided to your students and your immediate classroom staff as necessary. For the review purposes only, copies may be made for parents, carers and guardians of your students and classroom visitors.
With a Single Licence, you may not make Resources digitally available on any website, application, shared drive or other platform or services. You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use unless you purchase a School License for additional designated Users.
Unless permitted by the Creator that has been stated in their own Terms, you may not use Resources, in any way, for commercial and profit-making purposes. You cannot sell Resources, give Resources away for free, use it for advertising, promotional or marketing purposes, or use it in any other way in connection with a business, organisation or enterprise.
Melloo provides Members with the option to purchase a School Licence that permits the original Single Licence designated User to share a Resource with up to, and a maximum of, three additional designated Users.
A School Licence is a licence that permits the addition of three designated Users only to use a Resource and may not be designated to or used by any additional Users or other party other than the three designated Users. A School Licence allows the Creator to permit the three designated Users to use their Resource a non-exclusive, irrevocable, non-transferable, non-sublicensable, royalty-free, worldwide and limited license to use the Resource for the purposes and under the conditions described in the paragraphs below.
As an additional designated User of a School Licence, you are not permitted to share a Resource with other Users nor are you permitted to designate additional Users. You are permitted by the Creator to use the Resource for personal and educational usage and purposes only (“Personal Use”). You are also permitted to print and make copies of downloadable Resources for Personal Use. Copies may be made and provided to your students and your immediate classroom staff as necessary. For the review only, copies may be made for parents, carers and guardians of your students and classroom visitors.
With a School Licence, you may not make Resources digitally available on any website, application, shared drive or other platform or services. You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use unless you purchase a School License for additional Users.
Unless permitted by the Creator that has been stated in their own Terms, you may not use Resources, in any way, for commercial purposes. You cannot sell Resources, give it away for free, use it for advertising, promotional or marketing purposes, or use it in any other way in connection with a business or organisation.
Limitation of Accessing Resources
Melloo does not make any promise or guarantee to make available any Resource via our Services. For example, if Melloo stops hosting a Resource for any reason or you or Melloo terminates, suspends, or otherwise limits your Account or access to our website and Services, your ability to access the Resource through our Services may be terminated. Creators may also remove or discontinue a Resource from their listing that will make a purchased or downloaded Resource unavailable via your Account. It is the responsibility of the Member to store a copy of Resources on your device to certify continued access.
Use of your Content
When you post or upload Resources and blog posts (“Content”) to our Website and Services, you grant us and each of our affiliates a nonexclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable and irrevocable license to use, reproduce, publish, share, sell, distribute and display your Content or to incorporate it in other works so that we can provide our Services for Users.
Except for Resources, blog posts and Communications, as well as Creators’ shop names, Creators’ avatars/logos, Creators’ “About me” information and Resource descriptions (collectively “Content”) that is provided, uploaded or posted by Members and Creators, all other information or aspects of the Website, unless otherwise specified, is owned and controlled by us. This includes, but is not limited to, all text, graphics, images, photographs, videos, logos, branding, web design, colour coordination, user interface, appearance, structure, and other content of our Website and Services (“Site Material”). The Website and Services are protected by international copyright laws, trademark and other intellectual property rights. The owner of these rights is Melloo. All product and company names and logos mentioned in our Website are the trademarks, service marks or trading names of their respective owners including us.
Any Content or Site Material used from our Website is subject to these Terms. You may not modify, copy, reproduce, republish, upload, post, translate, transmit or distribute, by any means or in any manner, any material or information from our Website and Services for any commercial purpose without prior written authorisation from Melloo. This means you can’t sell, license, rent, use in your own business, website, enterprise, or integrate into marketing materials, or make any other commercial use of our Website or Services.
Our Website and Services allow Members and Creators to upload Content. You maintain any intellectual property rights that you may hold in that Content. Melloo does not claim any ownership of your Content. When you post or upload Content to our Website and Services, you grant us limited rights and access to your Content to provide our Services for Users. For example, to display your Resources and make them downloadable for Members or publish a blog post for Users to read. For these purposes, you grant us and each of our affiliates a nonexclusive, irrevocable, perpetual, royalty-free, worldwide, sublicensable and irrevocable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and Users.
You agree that Melloo may suspend or terminate your access to the Website and use of our Services, with or without notice and without liability to you or any third party. We may also remove and discard any uploaded Content on our Website for any reason and at any time, including, but not limited to, believing that you have breached our Terms of Service.
If you or Melloo terminates or suspends your Account or access to our Services, we will no longer make your shop page available to Users. We may remove and discard any Content within the Services, for any reason, including Content made available to Users whether they have or haven’t already accessed, purchased or downloaded them.
Melloo may also. Where there is a breach of these Terms of Service, the rights described in this paragraph are not Melloo’s only remedy and may take any other necessary action that we deem reasonable in connection with a breach of these Terms.
You agree to indemnify, defend and hold Melloo Ltd and its affiliates harmless from and against any and all liability, losses, costs, claims, damages and expenses incurred directly or indirectly (including legal fees) incurred in connection with or arising out of your violation of our Terms of Service, any applicable law or regulation or the rights of any third parties related to the use of the information, Content, our Website and Services, including but not limited to any breach of these Terms, infringement of someone else’s intellectual property, privacy, or any other rights. This indemnity includes both any liability to third parties, and other costs and losses incurred by Melloo Ltd.
Limitations of Liability
Melloo’s liability to you in relation to these Terms and your use of the Website and Services is limited to the greater of: (a) £150 and (b) the price paid by you to us under any contract for paid services during the 3 months before the event giving rise to the claim.
You acknowledge and agree that Melloo shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for any direct or indirect loss of profits, sales, business, revenue, opportunity, reputation, data, information, software, business opportunity, anticipated savings or any loss which is not reasonably foreseeable.
Nothing in these Terms shall affect your statutory rights or exclude or restrict any liability for fraud, fraudulent misrepresentation or for death or personal injury arising from the negligence of Melloo.
Changes to Terms
These Terms and any of our policies may be changed and updated by us from time to time. We will post any changes that we make on this page and will indicate at the top of the page (or on the first page of any Additional Terms) the date that the relevant terms were last revised. Your continued use of our Website and Services after any such changes have been made serves as your acceptance of the changes and updates to our Terms and any of our policies.
When a Creator uploads a Resource or a Member purchases a Resource on Melloo, you agree to our Refund Policy set out in these Terms.
The resources purchased on Melloo are made available and provided electronically, and can be kept perpetually, for example, a PDF stored on your device. For that reason, all sales on Melloo for Resources are non-refundable once payment has been completed.
We may offer refunds in a few limited circumstances if your purchase is relevant to one of listed reasons below:
- A Resource needs specific technical requirements that weren’t mentioned in the Resource description
- The file of a Resource has missing content
- The description of a Resource misrepresents what is contained in the Resource
Refund requests must be emailed to us at email@example.com within one month of your purchase and are considered on an individual basis.
Melloo does not control and aren’t responsible for any Content uploaded or posted by our Members and Creators, including any disclosures of personal information. If you believe that Content on our Website and Services violates your privacy, please contact us at firstname.lastname@example.org.
Your use of our Website and Services is at your own risk. Melloo has made every effort to ensure that the Content and Site Material on our Website and Services is accurate, up-to-date and correct at the time of publication. However, the Website and Services are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, content, legality, appropriateness, functions, quality, timeliness, performance, completeness, effectiveness, fitness for purpose, suitability or any other aspect of the Content, Site Material and any other information provided on the Website and Services or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Melloo for any errors, omissions or inaccurate information on the Website or Services.
Melloo does not provide any warranty or guarantee as to the accuracy, content, legality, appropriateness, functions, quality, timeliness, performance, completeness, effectiveness, fitness for purpose, suitability or any other aspect of Content, Site Material and any other information found on the Website for any purpose. You acknowledge that such Content, Site Material and any other information may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors fully permitted by law.
From time to time, our Website and Services may include links or ads to other websites and third-party services. When you access third-party websites and services, you do so at your own risk. Third party services are not under Melloo’s control, and you acknowledge that we are not responsible or liable for the accuracy, content, legality, appropriateness, functions, quality, timeliness, performance, completeness, effectiveness, suitability or any other aspect of such third-party services. You further acknowledge and agree that we 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 third-party services. Access to other third-party websites and services are provided for further information at your convenience. They do not imply that Melloo endorses other websites and services and we have no responsibility for the content and information of the linked websites and services.
The Content, Site Material and any other information on our Website and Services is for general information only and is not intended to, nor does it, represent legal or other professional advice or services or a recommendation to purchase any product or service upon which a decision should be made. The Content, Site Material and any other information of our Website and Services do not address your circumstances and accordingly you should not rely upon the Content, Site Material and any other information of our Website or Services as an alternative for professional advice.
Melloo is not responsible for how the Content, Site Material and any other information on our Website or Services is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken based on the information provided on the Website or available through our Services. It shall be your own responsibility to ensure that any Content or information available through this Website meet your requirements.
Any Resources downloaded or otherwise obtained using our Service is carried out at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Resources. No advice or information, whether oral or written, obtained by you from Melloo shall create any warranty or other obligation not expressly stated in these Terms of Service.
The Resources, blog posts and Communications on our Services are uploaded and provided by our Members and Creators. Except for Melloo uploading their own blog posts, and except for the action of our editorial team approving and publishing blog posts that has been submitted by Members and Creators so that it becomes visible on our Website for Users to read, Melloo does not produce, approve, post, or upload Content. The Content you see on our Website and Services and any views, opinions or statements provided are those of the Members and Creators who posted the Content and do not reflect the opinions, views or position of Melloo. We make no representations or warranties as to the accuracy, content, legality, appropriateness, functions, quality, timeliness, performance, completeness, effectiveness, suitability or any other aspects of any Content.
Melloo provides you with the facility to communicate and interact with other Members and Creators through our Website and Services. It’s your responsibility to take provisions when sharing any information about yourself with another User, and you release Melloo from any liability that may arise out of your interactions with another User of our Services.
Events Outside of our Control
Melloo will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Terms of Service that is caused by events outside our control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our control includes, but is not limited to:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Viruses and cyber attacks.
- Power or other failure affecting any part of our servers, premises or any other part of our Services.
Melloo will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under the Terms of Service or any related contract between us may be performed despite the Force Majeure Event.
Availability of the Website
Melloo has an excellent record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free. Melloo therefore accepts no liability for its unavailability.
You must not attempt to interfere with the proper working of the Website, and must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
Creator Earnings and Payouts
For each sale through Melloo Marketplace, Creators earn the royalty payout rate set out in the Subscription (“Creator Earnings”). The current royalty payout rate can be found here. Creator Earnings are based on the royalty payout rate of the original or sale value of a Resource (“Resource Price”) priced by you at the point of uploading a Resource. Any discount codes that are applied on the checkout page, and linked to applicable Resources, will be reduced from the Resource Price. Based on the purchasing customer’s location, Melloo will add any applicable VAT to the Resource Price that will be paid by the purchasing customer.
To withdraw and receive your Creator Earnings, you must request a payment by submitting an amount no less than £10.00 (“Payout”) from your dashboard. Once you have taken such steps as required to allow us to process the Payout, we will complete any Payout to you on the following specified day of the week.
To process and complete a Payout, Melloo works with PayPal which process and transfer funds between us and Creators. To receive Payouts, Creators must have a PayPal account capable of receiving payments from us via PayPal. If you have questions about the status of your PayPal account, please reach out directly to them.
You accept and acknowledge that the only way in which you may request and receive payment of Creator Earnings is through our Website and the service set up via PayPal. You waive any right to require payment by any other payment service and accept that no other debt arises under these Terms. We make no guarantees about the services offered by PayPal, and we are not responsible for any payment delays, errors or other complications caused by PayPal.
We may, at our sole discretion, withhold or delay Payouts due to any Creator who we believe to be in violation of our Terms of Service. After the matter is resolved, we will either refund any associated sale or complete the Payout.
Melloo will charge and collect applicable taxes on sales. You are solely responsible for the collection, payment and/or filing of any applicable taxes that may be required and related to Creator Earnings.
Melloo does not provide tax or accounting advice in any way. Any information regarding Creator Earnings on our Website should not be relied on for tax or accounting purposes, and we recommend consulting professional tax and accounting advisors for guidance.
No statements or any other information of your Creator Earnings on our Website may be used as evidence of any applicable tax payments, including, but not limited to, orders, receipts and invoices. You are solely responsible for your own direct and indirect tax filing, collection and payments of your Creator Earnings.
You can contact us by emailing email@example.com.