Book of Beasties Ltd Subscription Model Terms and Conditions.
These terms and conditions (“Conditions”) explain how you may use the site (“Website”) and govern the provision of goods and services by Book of Beasties Ltd (“us”, “we” or the “Company”) to you.
1. USING THE WEBSITE
1.1 By accessing or using the Website or otherwise indicating your consent, you agree to be bound by these Conditions, the documents referred in these Conditions, all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with or accept any of these Conditions, you should stop using the Website immediately.
1.2 We reserve the right to update these Conditions at any stage without notice to you. Any update to the Conditions will be posted on this page. We indicate at the top of this page the date that these Conditions were last revised. Your use of the Website after the date on which the changes have been made constitutes acceptance of the revised Conditions.
1.3 If you do not abide by these Conditions, we reserve the right to terminate your Account and/or Subscription immediately and without prior notification to you.
1.4 You acknowledge by using the Website, there is a risk that you may be exposed to Content that you may find offensive, indecent or objectional. If you wish to report such Content you should contact us at email@example.com and/or use the messaging service contained on the Website.
1.5 As a condition of your use of the Website, you agree not to use the Website for:
1.5.1 any purpose that is unlawful under any applicable law or prohibited by these Conditions;
1.5.2 to commit any act of fraud;
1.5.3 to distribute viruses or malware or other similar harmful software code;
1.5.4 for purposes of promoting unsolicited advertising or sending spam;
1.5.5 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
1.5.6 in any manner that disrupts the operation of our Website or business or the website or business of any other entity;
1.5.7 in any manner that harms minors;to promote any unlawful activity;
1.5.8 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
1.5.9 to gain unauthorised access to or use of computers, data, systems, accounts or networks; orto attempt to circumvent password or user authentication methods.
1.6 You may create a link to our Website from another website without our prior written consent provided no such link:
1.6.1 creates a frame or any other browser or border environment around the content of our Website;
1.6.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Website;
1.6.3 displays any of the trademarks or logos used on our Website without our permission or that of the owner of such trademarks or logos;
1.6.4 or is placed on a website that itself breaches this Clause
1.7 We reserve the right to require you to immediately remove any link to the Website at any time, and you shall immediately comply with any request by us to remove any such link.
2. THE SERVICES
2.1 We provide educational materials to help children learn whilst discussing mental health in an open and honest way to assist children to cope should issues arises. We call this our “Services”.
2.2 We provide three levels of Services which have the benefits listed on the Website:
2.2.1 Mindful Beginner;
2.2.2 Wellness Learning; and
2.2.3 Wellness Super Hero,
each a “Level”
2.3 If you subscribe to one of the Levels, you will become a “Subscriber” and you will have a subscription to the relevant Level (a “Subscription”).
2.4 The Wellness Learning and Wellness Super Hero are paid for Services which you must pay for on either a monthly or annual basis (the “Subscription Fee”). The current amount of the Subscription Fee for each Level is as listed on the Website from time to time.
3. REGISTERING FOR YOUR SUBSCRIPTION
3.1 In order to subscribe to the Services, you must first register to set up an Account with us. In order to register for an Account, you must be an individual and agree to comply with these Conditions. If you are registering on behalf of an organisation or company, you must have the authority to bind that company or organisations.
3.2 You must be aged 18 or over to take out a Subscription. An individual under the age of 18 may use the Services provided that they have the consent of the Subscriber and they comply with these Conditions.
3.3 When creating an Account, you will need to provide:
3.3.1 your full name;
3.3.2 a valid and current email address;
3.3.3 your residential or work address;
3.3.4 your payment card details (in the case of Wellness Learning and Wellness Super Hero);
3.3.5 occupation; and
3.3.6 name of the educational institution/ organisation you work for (if any).
3.4 When you sign up to register an Account, you are given the opportunity to opt in or out of our marketing emails. If you opt in by checking the box or leaving it checked, you agree to receive direct marketing offers from us using the information provided during the registration process.
3.5 You warrant that all information you provided to us when registering an Account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your Account is updated regularly with any relevant changes.
4. PURCHASE OF SUBSCRIPTION
4.1 When you register an Account on the Website, you will be given a choice to sign up for one of the Subscriptions. If you opt for Wellness Learning or Wellness Super Hero, you will have a choice to sign up to an automatically renewing Monthly Subscription or a [3, 6, 9 or] 12-month Prepaid Subscription.
4.2 At the end of the term, the Prepaid Subscription will automatically renew as a Monthly Subscription. If your Subscription is a Monthly Subscription, it will automatically renew each month until you cancel the Subscription in writing.
4.3 If you order a Prepaid Subscription that automatically renews, you agree to pay the applicable product price upon each automatic renewal date, until you terminate your Subscription in accordance with these Conditions. Please also note that if your Subscription includes a discounted product price for the duration of the Prepaid Subscription or a specific period, once the period expires, your Subscription will automatically renew at the full Monthly Subscription product price.
4.4 No Order is accepted from you until the Website displays an order confirmation message. You can manage and make changes to your Orders at any time in your Account.
4.5 Your Subscription will begin as soon as you register as a Subscriber and, in the case of Wellness Learning and Wellness Super Hero, the initial payment has been processed.
5. PAYMENTS OF SUBSCRIPTION
5.1 The price of the Subscription is as quoted on the Website and is inclusive of VAT.
5.2 Monthly Subscription
5.2.1 We may take payments by continuous payment authority.
5.2.2 You will be charged on the 1st of the month.
5.2.3 If your payment fails, for whatever reason, you will be notified by email and we will retry the payment up to three times.
5.2.4 You agree not to hold us responsible for banking charges incurred due to payments on your Account.
5.2.5 We reserve the right to change the Subscription Fee for a Level at any time without prior notification if you are not a Subscriber to the relevant Level. If we are to increase the Subscription Fee for the Level which you are a Subscriber to, we agree to notify you at least 28 days in advance of any change in the Subscription Fee by email.
5.2.6 If we have not been able to take payment of the Subscription Fee, we reserve the right to suspend your Account or your access to the Services until such time as the relevant Subscription Fee has been paid.
5.3 Prepaid Subscription
5.3.1 Payment must be made through our payment gateway providers at the time of placing your Order. Payment in full will be taken at this time. You will be required to submit your payment details to the relevant third-party payment provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third-party payment provider.
5.4 Payment is taken for all Orders prior to access to the Services being provided so please ensure that all details given to us are correct. We cannot accept responsibility for an Order being held back as a result of incorrect or invalid payment details being given nor can we accept responsibility if incorrect address details are given and the Book of Beasties: The Mental Wellness Card Game and/or Game Expansions is sent to an incorrect address.
6. CANCELLATION OF SUBSCRIPTIONS
6.1 You may cancel your Order within 14 days from the date of your purchase and obtain a full refund unless you have begun downloading or using any of the resources within the relevant Level of Services. If you have begun downloading or using the resources, you will not be eligible for a full or partial refund. If you have subscribed to the Wellness Super Hero Level, you will not be able to obtain a refund in relation to the Initial Payment in the event that the Book of Beasties: The Mental Wellness Card Game and/ or Game Expansions have been dispatched to you.
6.2 You can cancel your Subscription of the automatically renewing Monthly Subscription by using the cancellation process on the Website, the messaging service on the Website or emailing firstname.lastname@example.org If you've already paid for your next Order, that will be the final month you will be able to access the Services and no further charges will be made.
6.3 You cannot cancel your Prepaid Subscription mid-term. You can cancel the automatic renewal of the Prepaid Subscription at any time by using the cancellation process on the Website, the messaging service on the Website or emailing email@example.com. If you've already finished your Prepaid Subscription term and paid for your next order, that will be the final month you will be able to access the Services and no further charges will be made. If you have not finished your Prepaid Subscription term, the Services will be continued to be provided as usual, but your Subscription will not be automatically renewed.
6.4 We reserve the right to terminate or restrict your use of our Services, for any reason. One reason that we may do so is if we believe that you are in breach of any obligation under these Conditions. If we terminate your use of our Services as a result of a breach of any obligation under these Conditions, such termination would be immediate and may be without notice.
7. DELIVERY OF BOOK OF BEASTIES: THE MENTAL WELLNESS CARD GAME AND/OR GAME EXPANSIONS UNDER THE WELLNESS SUPER HERO SUBSCRIPTION
7.1 If you purchase the Wellness Super Hero Subscription, you are entitled to physical products. We will aim to despatch these items to you within three Business Days following clearance of your payment of the Initial Payment. The Subscription Fee is inclusive of United Kingdom mainland addresses only. If you are ordering from overseas, we reserve the right to charge an additional postage surcharge.
7.2 If the Book of Beasties: The Mental Wellness Card Game and/or Game Expansions under the Wellness Super Hero Subscription are incorrect or faulty, we shall have no liability unless you notify us of the problem in writing within seven days of delivery of the products. If you notify us within this time frame our obligations will be limited to the following options available to you:
7.2.1 to make good any shortage, non-delivery or incorrect delivery; or
7.2.2 to repair and re-send any products that are damaged or defective.
8. DOWNLOAD AND DEVICE LIMITS
8.1 The Service is designed to allow users to download teaching material for individual and educational needs. Each Level is subject to the download and device limits which are set out on the Website.
8.2 If you are an organisation, the Services may only be used by Authorised Users and you shall procure that your Authorised Users do not breach the download and device limits.
8.3 Accounts are monitored by us and any violation or breach of the terms in clause 8.1 and clause 8.2 means your Account and your access to the Services may be suspended immediately and if we remain unsatisfied that your Account is being used solely for your own needs we may terminate your Account indefinitely.
9. AVAILABILITY OF THE WEBSITE
9.1 Although we aim to offer you the best service possible, we make no promise that our Website and the Services will be available at all times, meet your requirements or are fault free. If a fault occurs in the Service, please report it to us at firstname.lastname@example.org and we will correct the fault as soon as we reasonably can.
9.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your Subscription via email at email@example.com or via your Account.
9.3 We do not guarantee the Website will operate continuously without interruptions or errors and we accept no liability for its unavailability at times.
10. DATA PROTECTION
11. COPYRIGHT AND USE OF MATERIAL
11.1 All articles, information and other materials presented on the Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to us. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the Content of this Website or any resources therein without our written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
11.2 You acknowledge that all materials you download remain the property of ours in perpetuity.
11.3 By accessing, using and/or downloading any of our materials you agree not to reproduce, share or alter the resources with others in any form or use your Account to download and print for others. If you do this, you acknowledge that you will be in breach of these Conditions.
11.4 You must not use our Services for commercial purposes. The resources are to be used for your own personal use if you are using the Services as an individual and direct classroom use only if you are using the Services as an organisation.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 The Website, Services and all Intellectual Property Rights in them including but not limited to any materials provided by us are owned by us.
12.2 Any Intellectual Property Rights in our visual, written, online, physical or downloadable training materials or any other materials used by us in supplying our Services to you shall remain our property.
12.3 You agree that you will not, and you will procure that no Authorised User will not, make copies, reproduce, extract, commercially exploit or make available to third parties any of the Content of the Website used by us in providing our Services to you.
12.4 Nothing in these Conditions grant you any legal rights in the Website or its contents other than as necessary to enable you to access and use the Website.
13. ACCURACY OF INFORMATION
We cannot be held liable for any information which is deemed to be inaccurate, incorrect, untrue or misleading and make no warranties or representations in relation to the information. The information should not be relied on for any purpose.
14. THIRD PARTY PROVIDERS
14.1 The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlink or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services.
14.2 We do not accept any responsibility for, and do not guarantee the accuracy, integrity or quality of any information of any third-party website.
15. LIMITATION OF LIABILITY
15.1.1 Nothing in this clause or otherwise in these Conditions shall exclude or in any way limit our liability:
a. for fraud or fraudulent misrepresentation;
b. for death or personal injury caused by our negligence;
c. for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
d. under Part I of the Consumer Protection Act 1987; or
e. any other liability to the extent the same may not be excluded or limited as a matter of law.
15.1.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
15.1.3 Subject to clause 15.1, in no event shall we be liable to you for any business losses. Any liability we have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us. Please note that this does not affect your statutory rights.
15.2.1 The Company shall have no liability to Subscribers whether in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss or loss of profit arising under or in connection with the Contract.
15.2.2 The Company’s total liability to Subscribers in respect of all other losses in connection with this Contract whether in contract, tory (including negligence), breach of statutory duty or otherwise shall in no circumstance exceed the Subscription Fee for the month in which the event occurred.
15.2.3 Nothing in these Conditions shall limit or exclude either party’s liability for death or personal injury caused by negligence or the negligence of its employees, agents or sub-contracts or fraud or fraudulent misrepresentation.
15.3 All information on our Website and provided within our Services is intended to assist children’s learning and is not in any way intended to substitute, form part of or comply with the curriculum and is separate from such education.
16. EVENTS BEYOND OUR CONTROL
We shall have no liability to you for any breach, failure to perform or delay in performance of any of our obligations under these Conditions that is caused by an event or circumstance beyond our reasonable control including but not limited to, strikes, lock-outs or other industrial disputes; breakdown of system or network access; or flood, fire, explosion or accident.
You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Conditions. These Conditions are personal to you and you may not assign any of your rights or transfer, subcontract or delegate any of your obligations under these Conditions.
Any notice or other communication given by a party under or in connection with these Conditions may be made by post or email and should be addressed to the last known postal address or relevant email address of the other party and shall be deemed to have been received when, in the ordinary course of the means of transmission, it would be received by the addresses. This clause does not apply to the services of any proceedings or other documents in any legal action.
If we delay exercising or fail to exercise or enforce any right available to us under these Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Conditions.
20. THIRD PARTY RIGHTS
Nothing in these Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
21. ENTIRE AGREEMENT
22. DEFINITIONS AND INTERPRETATIONS
22.1 In these Conditions, in addition to the defined terms in the body of the Conditions, the following definitions apply:
Account: the Subscriber’s unique page allowing access to the Services and Subscriptions.
Authorised Users: the employees, workers or officers of the Subscriber who are authorised by the Company to access and use the Services in accordance with the Subscription.
Business Day: means a day other than Saturday, Sunday or bank or public holiday.
Book of Beasties Ltd: a company registered in England and Wales with the company registration number 11502350 and whose registered address is Kemp House, 152-160 City Road, London, England EC1V 2NX.
Contract: the agreement between the Company and Subscriber for the supply of the Services incorporating these Conditions and the Order Confirmation.
Content: the information contained on the Website and directed for the Subscriber’s use.
Intellectual Property Rights: all copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in software, rights in goodwill, rights in confidential information, rights to invention, rights to sue for passing off, domain names and all other intellectual property rights and similar rights and in all cases whether registered or unregistered and including all applications (or rights to apply) for and renewals or extensions of such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part in the world.
Monthly Subscription: a subscription which is paid for on a month basis;
Order: the request by the Subscriber to purchase the Services of the Company.
Order Confirmation: the written acceptance from the Company to the Subscriber of an Order made.
Prepaid Subscription: a subscription which is purchased in advance for a set period of time in accordance with the Order.
Services: the web-based platform of the Company providing information and training resources to Subscribers including but not limited to the range of resources and Content provided in the Services and any physical products provided by the Company under the relevant Level of Subscription to the Subscriber.
Subscriber: the party which has agreed to purchase the Services from the Company.
Subscription: the arrangement by the Subscriber for the continued use of the Company’s Services pursuant of the Website over a period of time.
Subscription Fees: the fees payable by the Subscriber to the Company for the Subscription specified.
Third Party Provider: any consultant, agent or independent contractor who renders services to the Company.
Third Party Payment Provider: the entity which helps the Company process payments online from the Subscriber. 23.2 The terms “we”, “us” and “our” shall mean the Company who is the owner of the Website. The terms “you”, “your” and “yourself” refers to the Subscriber who as a user or viewer of the Website.
23. GOVERNING LAW AND JURISDICTION
The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claims which may arise under or in connection with this agreement (including non-contractual disputes or claims).