Introduction
Welcome to Bloomsbury Early Years, a website located at www.bloomsburyearlyyears.com (“BEY”). BEY is operated by Bloomsbury Publishing Plc (a company registered in England and Wales, United Kingdom ("Bloomsbury", “We” or “Us”).
These are the terms and conditions for the use of BEY. Please read these terms and conditions carefully and make sure that you understand them before using BEY. If you do not agree to these terms and conditions, please do not use BEY.
By using BEY you are entering into a binding agreement on the basis of these terms and conditions. We may change these terms and conditions from time to time. If you continue to use BEY after any such changes take effect then you will be taken to have agreed to the revised terms and conditions. Please check these terms regularly.
Contact Us
Please contact Bloomsbury Early Years c/o Bloomsbury Publishing Plc at our registered offices at 50 Bedford Square, London, WC1B 3DP, England, United Kingdom, or via email on: hello@bloomsburyearlyyears.com.
Bloomsbury Publishing Plc is a company registered under the laws of England and Wales with company registration number: 984336. Our VAT number is GB 215039103.
For Customer Services or if you have any complaint or question in relation to BEY, please contact us via the above address or email. If you are not satisfied with our response concerning your complaint, you can forward the issue to the European Commission Online Dispute Resolution Platform
here.
1. PURCHASE TERMS AND CONDITIONS
1.1 Purchase
If you wish to purchase a subscription to BEY you must e-mail hello@bloomsburyearlyyears.com, at which point we will arrange for you to purchase a subscription to BEY.
If we accept your order, we will confirm this by email (the “Confirmation”) and will provide you with access to BEY via your own BEY account in accordance with the Confirmation and these Terms, which comprise our contract with you.
The sale and purchase of a subscription to BEY will be governed by a contract between you and us, formed when you have placed an order. Please note, as soon as we confirm your order, it will enter our electronic system and we will be unable to prevent BEY being accessible to you.
The price of your subscription to BEY shall be the price that is quoted to you by us before you purchase the BEY subscription and then repeated in the Confirmation, subject to any inadvertent pricing errors (whether technical or otherwise) by us.
After Confirmation, we will issue an invoice for the purchase to you, which must be paid within 30 days from the date of the invoice. In the event of late payment, we reserve the right to either charge you interest on the amount outstanding at the rate of 4% above the base rate of Lloyds Bank Plc or in the event of non-payment after 30 days from the date of the invoice we may suspend or cancel your access and account to BEY.
1.2 Cancellation
You have the right to cancel your BEY subscription from the date on which we send you the Confirmation until 14 days after the date of the Confirmation. Please contact us hello@bloomsburyearlyyears.com setting out your subscription and account number to cancel your order. Alternatively you may also email or post a cancellation letter in the form set out below:
(Complete and return this form if you wish to cancel the contract)
To [SELLER’S NAME, ADDRESS]:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following: [*]
Ordered on [*]/received on [*],
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s):
Date:
[*] Delete as appropriate
If you have already accessed your subscription account, then while you will still have the right to cancel, you may have to pay for the value of the subscription that is provided up to the point you cancel. If you have already paid for your BEY subscription we will endeavour to process the cancellation within one week of receipt of your cancellation notice. You shall be refunded by bank transfer or through the original purchase method and will be credited back to the amount of the purchase. If you do not receive credit for your cancellation within four weeks, please let us know.
2. GENERAL TERMS AND CONDITIONS
2.1 Other applicable terms
In addition to these terms and conditions, the
BEY Privacy Policy (which sets out how your data is used and includes information about cookies used on this website) also apply to your use of BEY.
Please be aware that if you click on a button on this site to “buy” a title or product you will be directed to the appropriate product page on Bloomsbury’s main sales website. Your purchase will be made through that site and the terms and conditions of that site will govern your purchase. Those terms and conditions can be found
here.
2.2 Access to BEY
You do not have to have a paid subscription with us to access BEY, however your access to BEY will be restricted if you do not have a paid account with us. You can get access through your early years setting if it has purchased a subscription with us.
In order to use BEY, you must provide and maintain adequate communications and computer equipment, and obtain access to the internet directly or through devices that can access our web-based content. You are responsible for paying any and all service fees associated with such access.
2.3 Permission to use content on BEY
Access via a paid subscription: Your right to access and use content on BEY is subject to these Terms and Conditions and payment of the appropriate fee. In the event of non-payment after 30 days access will be switched off.
This permission is limited: in certain circumstances Bloomsbury may remove that right and this permission cannot be transferred by you to any other person. This means that you should not allow others access to content on BEY using your login details, for example.
All other access: Bloomsbury permits you to access and use those portions of BEY made accessible free-of-charge or on a trial basis to end users. This permission is limited: we may remove that right (or access to parts of BEY), and this permission cannot be transferred by you to any other person. This means you should not allow others access to content on BEY using your login details. You must not use any of the content on BEY for commercial purposes without our written permission, and you must only use the content in accordance with these terms and conditions. You may retrieve and display content from the site on a computer screen, print and copy individual pages and, subject to the next section (Respecting intellectual property rights), store such pages in electronic form.
All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.
You may use material from BEY within the boundaries of the fair use and/or fair dealing copyright defences, but not for any commercial uses, without the prior written consent of Bloomsbury.
2.4 Respecting intellectual property rights
We require all users to respect our intellectual property rights. We likewise respect the intellectual property of others.
Our rights in the content of BEY: All content included on BEY including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, the compilation of all content on this site, and all software used on this site are the property of Bloomsbury, its authors and/or content suppliers, and is protected by the laws of England and Wales, the state and federal laws of the United States of America and international copyright laws.
The ‘BLOOMSBURY’ name and Diana archer logo, and all other Bloomsbury trademarks, service marks, and trade names appearing on this site are owned by Bloomsbury or our licensors. You may not use these marks without our written permission (other than in the context of your use of BEY that is permitted by these terms and conditions).
Copyright notices: We post various copyright notices and copyright management information, terms of service and other legal notices as well as various credits on pages of BEY, which you may not remove even from your permitted copy.
Making sure you have permission: any reproduction, distribution, display or modification of content from this site that goes beyond the express permissions in these terms and conditions requires the express prior written permission of Bloomsbury who may be contacted via: hello@bloomsburyearlyyears.com
What you must not do - You agree that you will not:
- use BEY in any way which infringes the intellectual property rights of Bloomsbury or in any way violates any other rights of any third parties;
- make any attempt to penetrate, modify or manipulate BEY (or any part of it) or any of Bloomsbury’s hardware or software in order to: invade the privacy of anyone else, to obtain any personal information (including IP addresses) of any other user of BEY, or modify, erase or damage any information contained on the computer of any user connected to BEY;
- reverse engineer, disassemble, decompile, aggregate, disaggregate or obtain unauthorized access to or use of any elements or portion of BEY; or
- use BEY in any way that is inappropriate, objectionable, harmful or illegal.
You must only use BEY and anything available from the site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our authors or contributors.
Certain portions of BEY are protected by various technological measures that control access to and otherwise protect the rights of Bloomsbury their licensors and copyright owners. Any circumvention of such measures is strictly prohibited and subject to criminal prosecution as well as civil sanctions.
Notwithstanding any copyright notices to the contrary, no copyright is claimed in the text of certain public domain documents or images available through BEY, but the selection, compilation, presentation and arrangement of such public domain materials are copyrighted by Bloomsbury and is subject to these terms and conditions.
If you believe that our site contains elements that infringe your copyrights, please contact us by emailing legal@bloomsbury.com
2.5 Availability, accuracy and access
We endeavour to ensure that BEY is normally available 24 hours a day; however we cannot guarantee the continuous, uninterrupted or error-free operability of BEY. Access to the site is provided on a temporary basis and we reserve the right to withdraw or amend the service without notice. This may happen, for example, for maintenance of BEY or where there is an event beyond our control such as a network failure.
We may update, modify or withdraw any particular aspect of BEY at any time. We may also impose limits on certain features and services or restrict your access to parts or all of BEY without notice. There may be times when certain features, parts or content of the site, or the entire BEY Platform, becomes unavailable or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the site, or any features, parts or content of the site.
Some products and services on BEY may not be available in all jurisdictions.
We aim to ensure that all information contained on this site was accurate at the time it was posted and we periodically update the information on this site. However, we cannot guarantee the accuracy or completeness of all information. This information is provided on an "as is" and "as available" basis. Please contact us if you have any concerns or questions relating to information on the site.
2.6 Links to and from the site
You may link to a webpage on BEY provided you do so for non-commercial purposes (which, for the purposes of these terms and conditions means otherwise than for monetary compensation) and in a way that is fair and legal and does not damage our reputation or take advantage of it. BEY must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Links on BEY may provide access to other internet sites that are not maintained or controlled by Us. We are not responsible for the content of those third party sites. These links are for your information only. Your use of any websites other than this site will be subject to the terms and conditions posted on those websites. We do not approve, endorse or verify information available at any external site.
2.7 Use of BEY
We use cookies on BEY, you can read about them
here. To use BEY as intended please accept cookies.
Except as expressly permitted by these terms and conditions you must NOT yourself or permit any other person to:
- copy any portion of BEY;
- allow or enable a third party access to BEY (or any part of it);
- use BEY to develop any database or other information; create compilations or derivative works of the materials on BEY.
- We reserve all rights, including without limitation the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit and/or criminal prosecution for any alleged or actual illegal activities involving BEY, as well as the right to terminate your access to the site.
- You must not misuse BEY by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to BEY or any part of it or the server on which the platform is stored. You must not attack the site via a denial-of-service attack or a distributed denial-of-service-attack.
2.8 Passwords and Security
It is your responsibility to ensure that your login details for BEY, as well as any other institution login details (if you are accessing BEY via any other institution requiring logins) are kept secure and secret at all times.
You are fully responsible for the use and protection of these login details. Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your login details will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
You must notify us immediately of any unauthorized use of your account or any breach of security, including, without limitation any unauthorized use of your login details. If you are accessing BEY via an institution, you must also contact your institution to make them aware of the breach of security.
If we have reasonable grounds to suspect that the security of your login details has been compromised, we have the right to suspend your account. We are not responsible for any losses incurred in connection with any misuse of your login details.
2.9 Our liability
Nothing in these terms and conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation; or
- for any other liability that, by law, may not be limited or excluded.
WE MAKE OR GIVE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, CORRECTNESS, RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OF BEY AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND ARE HEREBY EXCLUDED.
We cannot and do not guarantee that any content of BEY will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control.
We shall not be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the site or the services (even if We have been advised of the possibility of such damages). Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
But, to the extent the above limitations of liability are, in whole or in part, held to be inapplicable or unenforceable for any reason, then our aggregate liability for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to BEY, the services offered via BEY or these terms shall be limited to the purchase price for your BEY subscription.
2.10 Applicable Laws
The substantive laws of England and Wales will govern any dispute arising under these terms and conditions, without regard to any conflict of legal provisions. The English courts shall have exclusive jurisdiction over any issue or dispute arising out of or in connection with these terms or the website.
2.11 If you access BEY outside the European Union
You may not assert any claim or cause of action arising out of or relating to your use of BEY more than one year after the date such claim or cause of action arose.
2.12 Notices and communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
2.13 General
We are under a legal duty to supply products that are in conformity with these Terms. Nothing in these Terms will affect your legal rights. For information about your consumer rights, please visit the Citizens Advice website www.adviceguide.org.uk
You may not transfer or assign any or all of your rights or obligations under these terms and conditions.
If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these terms and conditions.
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these terms and conditions, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these terms and conditions, or any of our rights or obligations arising under it, at any time.