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Last updated 1 September 2003

Welcome to www.beeby-education.co.uk. Beeby Education Limited (‘Beeby Education’) provides access to the www.beeby-education.co.uk website (the ‘Beeby Site’). We also arrange for our affiliates to sell products to you subject to the conditions set out on this page.

Please read these terms and conditions carefully, and then click on the button (at the foot of the page) to signify your agreement with these conditions before using the Beeby Site.



Conditions Relating to Your Use of the Beeby Site

Conditions Relating to the Sale of Products to You

Conditions Relating to both Your Use of the Beeby Site and Sales to You
 
 
 
1. Your Account and Password

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You accept responsibility for all activities that occur under your account or password. It is your responsibility to ensure that the password is kept confidential and secure and you must inform us immediately if you believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Except as set out in Clause 18 of these terms and conditions, and to the full extent permissible by law, Beeby Education accepts no liability for any losses (howsoever arising) to you from any unauthorised access to your account as a result of the loss of your password or use of your password by someone not authorised by you to do so.

2. Privacy

Please review our Privacy Notice, which also governs your visit to the Beeby Site, to understand our practices.

3. Access to the Beeby Site

We shall try to ensure the availability of the Beeby Site and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Beeby Site may also occasionally be suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

You should note that the level of access that you will be granted to the Beeby Site will depend upon the level of subscription you choose to purchase.

4. Licence for Beeby Site access

Beeby Education grants you a personal, non-transferable, revocable licence solely to access and make personal use of the Beeby Site. You may not download (other than page caching) or modify the site, or any portion of it, except with express written consent of Beeby Education. This licence does not permit any resale or commercial use of the Beeby Site or its contents; any derivative use of the Beeby Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Beeby Site or any part of the Beeby Site for any commercial purpose without the express written consent of Beeby Education.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Beeby Education and its affiliates without express written consent. You may not use any meta tags or any other ‘hidden text’ utilising Beeby Education’s or its affiliates' names or trademarks without the express written consent of Beeby Education. Any unauthorised use terminates the licence granted by Beeby Education.

5. Your conduct

You must not use the Beeby Site in any way that causes, or is likely to cause, the Beeby Site or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not Beeby Education, are responsible for all electronic communications and content sent from your computer to us and you must use the Beeby Site for lawful purposes only.

You must not use the Beeby Site for any of the following:

· for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
· to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"; or
· to cause annoyance, inconvenience or needless anxiety to any person.

6. Copyright, database rights and other intellectual property

All content included on the Beeby Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Beeby Education, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this Beeby Site is the exclusive property of Beeby Education and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this Beeby Site is the property of Beeby Education, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.

Beeby Education respects the intellectual property of others and has used (and will use) all reasonable endeavours to ensure that the content of this website does not infringe the intellectual property rights of another person. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us written notice of the alleged infringement (including full details of any infringing material) to Beeby Education at ipr@beeby-education.co.uk. Please note that this procedure is exclusively for notifying Beeby Education that your copyrighted material has been infringed. Please provide your address, telephone number, and email address.

If you believe that any content on, or advertised for sale on, this website contains a defamatory statement, please send us written notice of the alleged infringement (including full details of any such defamatory content) to Beeby Education at legals@beeby-education.co.uk. Please note that this procedure is exclusively for notifying Beeby Education of defamatory content on, or advertised for sale on, the Beeby Site. Please provide your address, telephone number, and email address.

Please note that giving false, misleading or inaccurate information in notifying Beeby Education of any alleged copyright infringement or defamatory content may result in civil and criminal liability.

7. Term and termination

The contract between Beeby Education and you shall start from the date of your acceptance of these Terms and Conditions and it will continue until terminated in accordance with these Terms and Conditions.

Beeby Education may terminate this contract at any time by giving you no less than fourteen (14) days written notice in electronic or other form. Beeby Education may terminate this contract immediately if you commit a breach of any of these Terms and Conditions.

You may terminate this contract at any time by giving Beeby Education no less than thirty (30) days’ written notice.
Upon the termination of this contract for any reason Beeby Education will cancel your password.

Any termination by Beeby Education of this contract shall be without prejudice to any other rights or remedies Beeby Education may have under these Terms and Conditions or at law and shall not affect any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force on or after such termination.

Beeby Education reserves the right to suspend your ability to access the Beeby Site rather than terminate the contract at any time when in the reasonable opinion of Beeby Education or any of its third party service providers you are in breach of these Terms and Conditions until such time as your breach is remedied to Beeby Education's satisfaction.
 
8. Our contract

When you place an order to purchase a product from Beeby Education, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send email confirmation to you that we have received payment in full for all the goods you have ordered (the ‘Confirmation Email’). That acceptance will be complete at the time we send the Confirmation Email to you and will be deemed for all purposes to have been effectively communicated to you at the time Beeby Education sends the email to you, whether or not you receive the Confirmation Email. The Confirmation Email amounts to an acceptance by Beeby Education of your offer to buy goods from Beeby Education or a third party supplier or affiliate that is engaged on your behalf by Beeby Education.

The Confirmation Email will contain all relevant statutory information concerning your order. You must check that the details on the Confirmation Email are correct as soon as possible and you should print out and keep a copy of it.

9. Returns and Refunds

All purchases are non-exchangeable and non-transferable. Your statutory rights are not affected, and you have the right to withdraw from the contract as described below.

You may cancel your order at any time prior to your order being processed by email to cancel@beeby-education.co.uk by post or by telephoning 01926 852490 during normal office hours.

You may also withdraw from the contract at any time during the seven (7) working days from the day after you receive the goods by:

· sending a notice of cancellation by email to cancel@beeby-education.co.uk ensuring that you quote your name, address and order reference number; and/or
· returning the goods to Beeby Education in their original condition together with the original invoice within seven (7) working days from the date that you received the goods.

Once Beeby Education has received notification from you in accordance with this paragraph that you wish to withdraw from the contract, any sum debited to Beeby Education from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within thirty (30) days of your order, provided that the goods you wish to return are received by Beeby Education in the condition that they were in when delivered to you.

10. Children

For legal reasons, Beeby Education is not able to accept orders from children under 18.

11. Payment

11.1 Processing of orders when paying by cheque

You undertake that all details you provide to Beeby Education for the purpose of ordering or purchasing goods or services are correct and that there are sufficient funds to cover the cost of the goods or services ordered.

If there are any changes to the details supplied by you it is your responsibility to inform Beeby Education as soon as possible.
As part of each order you must raise and provide us with a purchase order number relating to the goods or services requested. We will then invoice you for the goods and/or services ordered, quoting this purchase order number. You will then forward payment to Beeby Education Limited by cheque or banker’s draft made out to Beeby Education Limited within thirty (30) days of the date of our invoice. Once payment has been received and cleared in full, we will email you the Confirmation Email and arrange delivery.

11.2 Processing of orders when paying by credit or debit card

You undertake that all details you provide to Beeby Education for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

If there are any changes to the details supplied by you it is your responsibility to inform Beeby Education as soon as possible.
The details of any person who is found to have used a false name or a known invalid credit card to order from the Beeby Site will be passed to the authorities for prosecution.

Processing of orders to be paid for by credit or debit card shall be made in accordance with the provisions of Clause 8 above.

12. Processing of orders

Credit and debit cards are debited before items are shipped by Beeby Education. All prices include VAT (where applicable) unless otherwise stated, and shipping is charged as detailed (free of charge at present, as at September 2003).

13. Delivery/Title/Risk


The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Confirmation Email. Please note that your goods may be sent to you in instalments. We will email you if any of the goods you have ordered are not available.

Title to any media upon which goods ordered are stored will pass to you once Beeby Education has received payment in full for that product.

From time to time Beeby Education may engage a third party to fulfil orders, in this case a contract for the delivery of these products will be made between the third party supplier and yourself.

14. Overseas orders

Beeby Education can only accept orders for delivery on the UK mainland, and is not able to accept orders for goods to be delivered overseas.

 
15. Proprietor

The owner of this Beeby Site is Beeby Education Limited, a company incorporated in England and Wales under number 4623120 whose registered office is at 90 Fetter Lane London EC4A 1JP.

16. Electronic communications

When you visit the Beeby Site or send emails to Beeby Education, you are communicating with us electronically. We communicate with you by email or by posting notices on the Beeby Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17. Hypertext links

Beeby Education provides hypertext links to sites on the Internet which are operated by other people. Using an external hypertext link means that you are leaving the Beeby Site and Beeby Education therefore takes no responsibility for and gives no warranties, guarantees or representations in respect of linked sites.

18. Indemnity


You agree to indemnify Beeby Education, and hold it and its employees and affiliates harmless against any liabilities, losses, or expenses incurred by Beeby Education however arising from any breach by you of these Terms and Conditions and Sale, your use of the Beeby Site, unauthorised use of your password or any materials which you post, submit or transmit through the Beeby Site.

19. Limit of liability

Neither party shall exclude or limit any liability to each other for personal injury (including sickness and death) to the extent that such injury results from its negligence or wilful defaults. To the full extent permissible by law, Beeby Education shall not be liable to you for any damage or losses arising out of or in connection with this Agreement howsoever caused, whether in tort, contract, negligence or otherwise.

Beeby Education does not accept liability (except as set out below) for any errors and omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services. Beeby Education will do its best to correct errors and omissions as quickly as practicable after being notified of them.

To the fullest extent permitted by law, Beeby Education is providing the Beeby Site and its contents on an ‘as is’ basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to the Beeby Site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, Beeby Education does not represent or warrant that the information accessible via the Beeby Site is accurate, complete or current.

20. Health & Safety

In using any materials, goods and services supplied by Beeby Education Limited, subscribers shall ensure at all times they abide by the provisions of the Health and Safety at Work Act (1974), as amended, and all other applicable statutes, regulations, directives or other statutory instruments relating to health and safety (including, without limitation, the COSHH Regulations 1994 and the Management of Health and Safety at Work Regulations 1992).

There are a number of publications available that set out general risk assessment guidelines. A non-exhaustive list can be found here. Beeby Education Limited strongly recommends that all subscribers should refer to one or more of these guides.

21. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to the Beeby Site, policies, and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you use the Beeby Site or that you order goods from us, unless any change to those policies or these Terms and Conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Beeby Education reserves the right to refuse access to the Beeby Site, terminate accounts, remove or edit content, or refuse or cancel orders at our discretion. If we refuse or cancel an order, there will be no charge to you.

22. Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

23. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

24. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
 
© Beeby Education 2004. All rights reserved.