Terms and Conditions
Welcome to Be Happy Resources!
Terms and conditions of use
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).
3. Copyright notice - see more in section 19.
Free documents licensing warning: please retain all credits when circulating or using any of our free resources in public/online.
3.1 Material on this website was first created in 2020;
The material on this website is written, designed and owned by Jennifer Chesworth, Founder of Be Happy Books Ltd.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for personal and professional use;
(c) print pages from our website;
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by section 19 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer unless being used for their sole intended purpose.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) without contacting us first.
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so.
7. User login details
7.1 If you register for an account with our website, you will need to create your own user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
9. Limited warranties
9.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
9.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
9.3 To the maximum extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
10. Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11. Breaches of these terms and conditions
11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
11.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
12.1 We may revise these terms and conditions from time to time.
12.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
12.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
14.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Third party rights
15.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
15.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
16. Entire agreement
16.1 Subject to Section 10.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
17. Law and jurisdiction
17.1 These terms and conditions shall be governed by and construed in accordance with English law.
17.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of England.
18. Our details
18.1 This website is owned and operated by Be Happy Books Ltd.
18.2 We are registered in England and Wales under registration number 12586813 and our registered office is at 132-134 Great Ancoats Street, Manchester, M4 6DE.
18.3 You can contact us:
(a) by post, to [the postal address given above;
(b) using our website contact form;
(c) by email at firstname.lastname@example.org
19. Using free and paid for eBooks and Guides from our Website
When purchasing or using any downloadable content published by Be Happy Books Ltd you consent to the following terms and conditions.
(i) eBook titles purchased cannot be returned, printed, refunded, or exchanged.
(ii) If you experience technical difficulty in downloading or accessing a title, please contact us for assistance.
(iii) You are permitted to download the eBook but this licence is personal to you, non-exclusive and non-transferrable.
(iv) You may reproduce and store portions of the eBook content for your personal use.
(v) Full-scale reproduction of the contents of the eBook is expressly prohibited.
(vi) You may not use the eBook on more than one computer system concurrently, make or distribute unauthorised copies of the eBook, or use, copy, modify, or transfer the eBook, in whole or in part, unless you receive our express permission.
(vii) If you transfer possession of the eBook to a third party, the licence is automatically terminated.
(i) You are granted the right to download the eBook
(ii) you may print pages of the eBook for your personal use and reference in connection with your work.
(iii) You may create and save bookmarks, highlights and notes as provided by the functionality of the program.
(iv) You agree to protect the eBook from unauthorised use, reproduction, or distribution.
(v) You further agree not to translate, decompile, or disassemble the eBook except to the extent permitted under applicable law.
(vi) Multi-use configurations or network distribution of the eBook is expressly prohibited.
The entire contents of our eBooks are protected by copyright. You may not remove, delete, transmit or create derivative works from any of the eBook content. No part of any chapter of any book may be transmitted in any form by any means or reproduced for any other purpose, without the prior written permission except as permitted in this licence agreement or under applicable law.
The ebook is provided “as is”, without warranty of any kind, expressed or implied including without limitations, accuracy, omissions, completeness or implied warranties or suitability or fitness for a particular purpose or other incidental damages arising out of the use or the inability to use the ebook. You acknowledge that the use of this service is entirely at your own risk. This agreement is governed by English law. You acknowledge that you have read this Agreement, and agree to be bound by its terms and conditions.
These terms and conditions were last reviewed in March 2021.
SUBSCRIPTION TERMS AND CONDITIONS
This page tells you the terms and conditions on which we will supply to you services and resources listed on our website www.behappyresources.co.uk via one of our subscription services. Please read these terms and conditions carefully before subscribing to one of our services. You should understand that by subscribing to one of our services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference..
1. YOUR STATUS
By placing an order through our site, you warrant that:
1.1 you are legally capable of entering into binding contracts; and
1.2 you are at least 18 years old;
1.3 you are resident in one of the Serviced Countries; and
1.4 you are accessing our site from that country.
2. MEDICAL DISCLAIMER
Our recommendations and resources should not replace professional medical advice. Please consult your doctor if you have any questions or concerns about you or your child’s health or well-being. When using our resources or replicating our play ideas, you agree that:
2.1 You are responsible for giving your child/children constant adult supervision at all times
2.2 Be Happy Resources is not responsible or liable for any accidents or safety mishaps including injury, allergic reaction, serious injury and any harm that may occur when using resources or replicating play ideas from Be Happy Resources
2.3 Our resources are not intended nor implied to be a substitute for professional medical advice or treatment.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your subscription begins as soon as your initial payment is processed. You authorise us to store your payment method(s) and to automatically charge your payment method(s) every month until you cancel. We will confirm your subscription by sending you an e-mail (Welcome Email).
If your primary payment method fails, you authorise us to charge any other payment method in your account. If you have not provided us a backup payment method(s) and you fail to provide payment or if all payment methods in your account fail, we may suspend your subscription.
3.2 The subscription plan to our Services consist of an initial charge and then followed by recurring period charges as agreed to by you, either for six months or 12 months. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Be Happy Resources may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Be Happy Resources reasonably could act. To terminate your authorisation, please contact us, to change your payment method, log into your account.
3.3 You can cancel your plan at any time, to do so, please email email@example.com, we aim to respond to all requests within 48 hours. If you choose to cancel your plan, you immediately lose access to all resources and you are not permitted to keep, save or use any of the resources from our Hub. Should you cancel your subscription, you can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
3.4 Upon cancellation of your subscription your membership remains active until what would have been the next scheduled billing date, we do not offer refunds of cancelled subscriptions, therefore, we advise you to cancel your subscription at leas 72 hours before the next billing date if you wish to avoid further payment.
3.5 We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
3.6. We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a contract at any time within fourteen days, beginning on the day after you received the welcome email. In this case, you will receive a full refund of the price paid for the service in accordance with our refunds policy (set out in clause 10 below).
4.2 To cancel a Contract, you must contact us at firstname.lastname@example.org within 14 days.
5. PRICE AND PAYMENT
5.4 Payment for all services are processed via Wix payments.
6. OUR REFUNDS POLICY
6.1 If you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 3.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the service in full.
6.1.1. If you have been granted a cancellation outside of the 14 day cooling off period, you will not be entitled to a refund, unless on a discretionary basis.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. OUR LIABILITY
7.1 Subject to clause 9.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the service.
7.2 Nothing in this agreement excludes or limits our liability for:
7.2.1 Death or personal injury caused by our negligence;
7.2.2 Fraud or fraudulent misrepresentation;
7.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
7.2.4 Defective products under the Consumer Protection Act 1987; or
7.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
8. WRITTEN COMMUNICATIONS
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.
9. TRANSFER OF RIGHTS AND OBLIGATIONS
9.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
9.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
10.2 You may print off copies to be used only by yourself and may download extracts of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial or distribution purposes. Your purchase of one of our subscription constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that/those product(s) for the purpose of your own personal use and reference. You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
10.3 If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
11. EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
11.2.1 Strikes, lock-outs or other industrial action;
11.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
11.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
11.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
11.2.5 Impossibility of the use of public or private telecommunications networks; and
11.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
12.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. ENTIRE AGREEMENT
14.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
14.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
14.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
14.4 Nothing in this clause limits or excludes any liability for fraud.
15. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
15.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
15.1 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
16. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.