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Terms and Conditions of Use 

 

  1. Introduction

1.1    In these terms and conditions:

(a)    “we” means Bloom & Bloom Limited (and “us and “our” should be construed accordingly);

(b)    “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);

1.2    These terms and conditions shall govern your use of our website.

1.3    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. Copyright notice

2.1    Copyright © 2024 Bloom & Bloom Ltd.

2.2    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.

  1. Permission to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from our website using the media player on our website

        subject to the other provisions of these terms and conditions.

3.2    You may only use our website for your own personal and internal business purposes; you must not use our website for any other purposes.

3.3    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.4    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.5    Notwithstanding Section 3.4, you may redistribute our newsletter in print and electronic form to any person.

3.6    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example,                       suspend access to the website during server maintenance or when we update the website.

  1. Misuse of website

4.1    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, accessibility,                  integrity or security 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)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)     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;

(g)     access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(h)   use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct                    mailing); or

(i)    do anything that interferes with the normal use of our website.

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

  1. Digital products

5.1    Save to the extent expressly provided otherwise, these terms and conditions shall not govern the sale, purchase or licensing of our digital products, or any                      other matters relating to our digital products. The sale and purchase of digital products through our website, and the licensing of those digital products, will be              subject to our ebook terms and conditions, and we will ask you to agree to those terms and conditions each time you make a purchase on our website.

  1. Limited warranties

6.1    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;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

6.2    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.

6.3     To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of             these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

7.1    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,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

7.2    The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:

(a)    are subject to Section 7.1; 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.

7.3 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.

7.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5    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.

7.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8    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).

  1. Breaches of these terms and conditions

8.1    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

8.2    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).

  1. Third party websites

9.1    Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

9.2    We have no control over third party websites and their contents, and subject to Section 7.1 we accept no responsibility for them or for any loss or damage that              may arise from your use of them.

  1. Variation

10.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

10.2  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.

10.3  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made                   before the time of the revision.

  1. Assignment

11.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

11.2  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.

  1. Severability

12.1  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.

12.2  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.

  1. Third party rights

13.1  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.

13.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

14.1  Subject to Section 7.1, these terms and conditions, together with our ebook terms and conditions and privacy policy, shall constitute the entire agreement                      between you and us in relation to your use of our website, the sale and purchase of our downloads and the use of those downloads and shall supersede all                    previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

15.1  These terms and conditions shall be governed by and construed in accordance with English law.

15.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

  1. Statutory and regulatory disclosures

16.1  We are registered at Companies House; you can find the online version of the register at https://www.gov.uk/government/organisations/companies-house, and            our registration number is 12115861.

16.2  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version              to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for                    future reference.

16.3   These terms and conditions are available in the English language only.

  1. Our details

17.1  This website is owned and operated by Bloom + Bloom Limited.

17.2  We are registered in England and Wales under registration number 12115861, and our registered office is at 115b Warwick Street, Leamington Spa, England                  CV32 4QZ.

17.4  You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form;

(d)    by email, using hi{at}bloomborntoflourish.com.

  1. Confidentiality

18.1   We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails we send will only be in                 connection with the provision of agreed services and products.

  1. For Educational and Informational Purposes only

19.1   The information contained on our website and the resources available for download through our website are for educational and informational purposes only,             it is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

  1. Force Majeure

20.1   Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such                  party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising,                    earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into,            nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all                              reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

 

Ebook Download Terms and Conditions

 

  1. Introduction

1.1    These terms and conditions shall govern the sale and supply of downloadable ebooks through our website, and the use of those ebooks.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    Any statutory rights that you may have as a consumer are not affected by these terms and conditions.

  1. Interpretation

2.1    In these terms and conditions:

(a)    “we” means Bloom & Bloom Limited (and “us and “our” should be construed accordingly);

(b)    “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);

(c)    “ebooks” means those ebooks that are available for purchase on our website; and

(d)    “your ebooks” means any such ebooks that you have purchased through our website (including any enhanced or upgraded version of the ebooks that we may              make available to you from time to time).

  1. Order process

3.1    To enter into a contract through our website to purchase downloadable ebooks from us, the following steps must be taken: you must add the ebooks you wish              to purchase to your shopping cart, and then proceed to the checkout; you must consent to the terms of this document; you will then be transferred to our                      payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will            either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your                order.

  1. Prices

4.1    Our prices are quoted on our website.

4.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

4.3    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

  1. Payments

5.1    You must, during the checkout process, pay the prices of the ebooks you order.

5.2    Payments may be made by any of the permitted methods specified on our website from time to time.

  1. Licensing

6.1    We will supply your ebooks to you in the format or formats specified on our website, and by such means and within such periods as are specified on our                          website.

6.2    Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-expiring, non-exclusive,                    non- transferable licence to make any use of your ebooks permitted by Section 6.3, providing that you must not in any circumstances make any use of your                    ebooks that is prohibited by Section 6.4.

6.3    The “permitted uses” of your ebooks are:

(a)    downloading a copy of each of your ebooks;

(b)    making, storing and viewing copies of your ebooks on desktop, laptop or notebook computers;

(c)    making, storing and viewing copies of your ebooks on ebook readers, smartphones, tablet computers or similar mobile devices; and

(d)    printing of each of your ebooks solely for your own use.

6.4    The “prohibited uses” of your downloads are:

(a)    the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any ebook (or part thereof) in any          format;

(b)    the editing, modification, adaptation or alteration of any ebook (or part thereof), and the creation of any derivative work incorporating any download (or part                 thereof);

(c)    the use of any ebook (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is                          offensive, indecent, discriminatory or otherwise objectionable;

(d)    the use of any ebook (or part thereof) to compete with us, whether directly or indirectly;

(e)    any commercial use of any ebook (or part thereof); and

(f)     the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any ebook for the purpose of preventing                       unauthorised use.

6.5    You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit           of your ebooks.

6.6    All intellectual property rights and other rights in the ebooks not expressly granted by these terms and conditions are hereby reserved.

6.7    You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any ebook.

6.8    The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.

6.9    If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.

6.10  You may terminate the licence set out in this Section 6 by deleting all copies of the relevant ebooks in your possession or control.

6.11  Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer                      systems and other electronic devices all copies of the relevant ebooks in your possession or control, and permanently destroy any other copies of the relevant              ebooks in your possession or control.

  1. Cancellation Policy and Refund Policy

7.1    No refunds are provided for an ebook you have downloaded as you shall be immediately granted instant lifetime access to the ebook and we cannot reverse                  this access. We clearly describe the contents of the ebooks on the sales page before purchase, and this will give you a full understanding of what to expect.  If                you have any queries regarding any ebooks you can contact hi{at}bloomborntoflourish.com prior to purchase.

  1. Warranties and representations

8.1    You warrant and represent to us that:

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions; and

(c)    all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

8.2    We warrant to you that your ebooks will be supplied to you with reasonable care and skill.

8.3    All of our warranties and representations relating to ebooks are set out in these terms and conditions. To the maximum extent permitted by applicable law and           subject to Section 7.1 of our Terms and Conditions of Use, all other warranties and representations are expressly excluded.

  1. No waivers

9.1    No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

9.2    No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other                     breach of that provision or any breach of any other provision of that contract.

  1. Use of Free Downloadable Content

10.1  We provide various resources on this website, which users may access by providing an e-mail address. We grant you a limited, personal, non-exclusive,                            non-transferable license to use our resources provided in exchange for an email address for your own personal or internal business use. Except as otherwise                provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in              any way exploit any of the free resources we provide in any manner.

10.2  By downloading the free resources, you agree that the free resources you download may only be used by you for your personal or internal business use and                  may not be sold or redistributed without our express written consent.

10.3  By downloading the free resources, you further agree that you shall not create any derivative work based upon the free resources and you shall not offer any               competing products or services based upon any information contained in the free resources.

  1. Disclaimer

11.1  No Advice

        The information contained within our ebooks is not advice and should not be treated as advice.  You must not rely on the information in our ebooks as an                      alternative to advice from an appropriately qualified professional. If you have any specific questions about any such matter you should consult an appropriately            qualified professional.

  1. Limited Warranties

12.1  Whilst we endeavour to ensure that the information in our ebooks is correct, we do not warrant or represent its completeness or accuracy.

12.2  We do not warrant or represent that the use of our ebooks will lead to any particular outcome or result.

12.3  To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our ebooks and the use of our                        ebooks.

  1. Trade marks

13.1  Our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and            such use may constitute an infringement of our rights.

13.2  This disclaimer shall be governed by and construed in accordance with English law.

          Any disputes relating to this disclaimer shall be subject to the non-exclusive jurisdiction of the courts of England.

© Bloom & Bloom Limited 2024.  All rights reserved

Effective as of June 2022 | Last updated January 2024