Terms and Conditions
Digital Downloads
"Bibop" is defined to include but not limited to Andrew Steeple and the trading name of Alive Design.
"You" is defined as the legal entity authorised to purchase the Digital Downloads, to include but not limited to, individuals, School, School Groups, MATs and Academies.
1 Introduction
1.1 Access to and use by you of the above Digital Downloads is subject to these Terms and Conditions.
1.2 The ordering of the above Digital Downloads constitutes your acceptance of these Terms and Conditions that take effect at the time of your order.
1.3 Please read these Terms and Conditions carefully. By purchasing a Digital Download(s) you are accepting that you agree with these Terms and Conditions.
1.4 Bibop reserves the right to change these Terms and Conditions at any time. You are responsible for checking the Bibop website (early-years-resources.com) to obtain notice of any such changes. Continued use by you of the Digital Downloads following any such changes constitutes your acceptance of these Terms and Conditions as amended by the posted changes.
1.5 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or enforceable, it shall be severed and deleted from the clause concerned and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
1.6 These Terms and Conditions shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction for hearing any dispute arising under these Terms and Conditions.
1.7 The failure of Bibop to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
1.8 The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
1.9 For the purposes of these Terms and Conditions, a licensed user is defined as the person placing the order, whether as an individual or representative of a school.
2 Access to Digital Downloads
2.1 Whilst Bibop endeavours to ensure that the Digital Downloads are available 24 hours a day, Bibop will not be liable if for any reason they are unavailable at any time or for any period. Bibop does not guarantee the functions contained in the downloads will be uninterrupted or error-free, that this will be free of viruses or other harmful components, or that this cannot be tampered with by third parties.
2.2 Access to this the Digital Downloads may be suspended temporarily, without notice. Bibop shall not be liable to the user or any third party for the suspension of the licence.
3 Information and Links on the Digital Downloads
3.1 Whilst Bibop endeavours to ensure that the information on our Digital Downloads is correct, no warranty, express or implied, is given as to its accuracy and Bibop does not accept any liability for error or omission.
3.2 Downloads may from time to time contain links to third party websites which are controlled and operated by parties other than Bibop. Bibop is not responsible for the contents of any linked sites. Access by you to a linked portal is at your own risk. Third parties are responsible for ensuring that materials submitted for inclusion on this portal comply with national and foreign law. We cannot guarantee the accuracy or compliance of this material and expressly disclaim any responsibility for error, omission or inaccuracy in the material.
3.3 The inclusion of any link to a third-party site or of advertising of third party goods or services on our downloads does not imply any endorsement by Bibop of the linked websites or of any advertised goods or services.
3.4 We welcome the reporting of any errors found in our Digital Downloads or information relating to products and services. Please get in touch using the Contact Us form.
4 Limitation and Exclusion of Bibop's Liability
4.1 Bibop shall not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use our Digital Downloads, or any material contained in it, or from any action or decision taken as a result of using our downloads or any such material.
4.2 Nothing in these Terms and Conditions shall limit Bibop's liability for death or personal injury caused by its negligence. These Terms and Conditions do not affect or prejudice your statutory rights.
4.3 Bibop's entire liability to you in contract, tort (including negligence) or otherwise in relation to this portal shall be limited to £100.00 for any one incident or series of related incidents.
4.4 Save as expressly set out in these Terms and Conditions all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, are excluded to the fullest extent permitted by law.
4.5 Users of any Bibop product purchased from Bibop are solely responsible for their own safety, both physical and digital.
5 Use by you of our Digital Downloads
5.1 You must use our Digital Downloads in a lawful manner consistent with all applicable laws and regulations.
5.2 You must not use our Digital Downloads or any connected service to:
5.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, defamatory, obscene, or which breaches any other person's intellectual property rights;
5.2.2 to send unsolicited emails or messages or to collect or store personal data about other users of the Digital Downloads without their consent or for any other purpose in breach of the Data Protection Act 1998;
5.2.3 to carry out any activities to obtain lists of users;
5.2.4 to use or transmit through our Digital Downloads any material that contains viruses or use any software designed to interrupt the functionality of any computer software or hardware or this portal;
5.3 You agree to indemnify Bibop and hold Bibop harmless against any claims, and reasonable costs or expenses resulting from your use of our Digital Downloads or related services in breach of clause 5.
5.4 Use by you of our Digital Downloads is subject to our fair use policy which is determined by the sole discretion of Bibop. Should Bibop consider your Digital Download use to be in breach of what Bibop considers to be fair use, Bibop reserves the right to terminate your Digital Download licences immediately and without notice.
5.5 Use by you of Digital Downloads in breach of this clause 5 entitles Bibop to terminate immediately your licence to use our Digital Downloads.
6 Proprietary Rights
6.1 You acknowledge and agree that the entire content, design and the selection and arrangement of the content and material contained in our Digital Downloads, including but not limited to text, photographs, graphics, video, page layout, are protected by copyrights, trade marks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this material and information only on the bases expressly set out below and any use such as but not limited to: copying, reproducing, transmitting, distributing, or creating derivative works of such content or information is prohibited without the prior express written authorisation of Bibop.
6.2 You acknowledge that the copyright, design right and all other intellectual property rights in any product purchased from Bibop and any other documents or items prepared or produced in relation to the Bibop belong to us absolutely. The names, images and logos identifying Bibop are propriety marks of Bibop:
6.3.1 use of documents and related graphics contained within the downloads, the downloads themselves are for personal non-commercial use;
6.3.2 any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for school and personal use only;
6.3.3 no part of the content contained within our Digital Downloads may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Bibop's prior written permission.
6.4 The copying, reproducing, transmitting, distributing, or creating of derivative works of the content or information contained in this portal or from resources downloaded or created from our Digital Downloads are prohibited without the prior express written authorisation of Bibop.
6.5 Any rights not expressly granted in these Terms and Conditions are reserved to Bibop.
7 Terms of Sale
7.1 Refunds and cancellations
7.1.1 All purchases of Digital Downloads are final. You cannot cancel your purchase of a Digital Download(s) once delivery has started, including via download or by us making it available to you attached to an email or via the cloud. By placing an order to purchase a Digital Download, you acknowledge and agree to this. We do not accept returns of Digital Downloads, except as required by law or unless indicated otherwise on the Digital download page. Once you purchase a Digital Download we make it available to you within 2 working days, you are responsible for downloading (if applicable) and confirming your ability to access downloads, including retrieving the licence key for the downloads (if applicable), and bear all risk of loss after downloading the Digital Download or retrieving the licence key, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access a digital download, please contact Bibop for assistance.
7.1.2 Where we are unable to fulfil the licence for the download you have ordered, we will issue you with a refund within 7 days of your order, by refunding to the payment method with which you paid for your order.
7.2 Authorisation
7.2.1 By purchasing a licence, by whatever means, you are acknowledging that you have received authorisation for this expenditure from the relevant person at your institution.
7.3 Legal interpretation
7.3.1 The materials provided by Bibop cannot be relied upon for legal interpretation. Neither Bibop nor its employees, trainers or consultants can accept responsibility for the actions of a licensed or sub users in litigation, or responsibility for any loss incurred as a result of relying on the Digital Downloads.
8 Privacy Policy, Security and Data Protection Policy
8.1 Bibop conforms to the UK Data Protection Act 1998.
8.2 We use the personal information we collect solely to administer your digital download
8.3 When you provide personally identifiable information to Bibop, we may use it to provide you with ongoing information about Bibop's products and services. Bibop will not rent, sell or lease this personally identifiable information to other companies or individuals. You have a right to access, rectify, modify and delete any data referring to you. In order to exercise this right please contact us immediately.
8.4 We follow strict security procedures in the storage and disclosure of information that you have supplied to us. Bibop is committed to protecting and respecting your privacy. We do not share our mailing lists with any third parties, including advertisers or partners.
8.5 In common with most organisations, we share aggregate information about our users with our business partners and other third parties. This information shows user activity as a whole rather than on an individual basis and cannot be used to individually identify you.
8.6 Bibop is aware that privacy and security concerns are a major issue for you when purchasing online. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
8.7: We do not store credit card details nor do we share customer details with any third parties
9 Currency and Payments
9.1 Payment will be made to and shown during the checkout process to Andrew Steeple and/or Alive Design. All orders processed will be conducted using GBP (British Pounds).
10 Your Licence
10.1 By purchasing a Digital Download, purchasers are buying a licence from Bibop allowing you to access and use the Digital Download in your school or home, for a indefinite period. The only limitation is the nuber of times a Digital Download may be accessed via the Bibop website per purchase/invoice. This is currently set at 10 instances. Please ensure you have saved any Digital Download to a secure location on your local computer or network.
10.2 In order to cancel or part cancel (if you have more than one digital product) your Digital Download order with Bibop, you will need to email us at the address mail@early-years-resources.com confirming that you have;
10.2.1 Permanently deleted all copies of the Digital Downloads from the School's or personal IT storage systems
10.2.2 That all copies of the Digital Downloads have been permanently deleted from individual teachers and school support staff's laptops and storage devices
10.2.3 That all references to Bibops Digital Downloads have been permanently deleted from all School Development Planning documents
10.2.4 That all and any printed hard copies have been destroyed.
10.2 On termination of the licence for any reason, Bibop reserve the right to withdraw all rights granted under the licence and you shall discontinue the use of all material relating to the Digital Download across the whole organisation or residence.
11 Registration
11.1 Only members of staff working in a school or a private individual, who have purchased a licence, may use and access the Digital Downloads.
11.2 By accessing and using our Digital Downloads, you agree that:
(i) you will not do anything which would assist any person or entity who is not named or related to the name on the invoice to gain access to the Digital Downloads; and
(iii) you will seek to modify the downloads; nor will you seek to pass off the content as your own.
11.3 You agree to notify us immediately if you become aware of any unauthorised use of the Digital Downloads licensed to your school, organisation or person.
11.4 If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your licence immediately and without prior notice.
11.5 We may terminate your licence, at our sole discretion, by emailing you at the address you provided during your initial order, stating that the agreement has terminated.
12 Reasonableness
12.1 By using our Digital Download, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.
You can contact us as follows:
