Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES

  1. THESE TERMS
    • What these terms cover. These are the terms and conditions on which we supply the OurClassBook publishing programme and products to you in your capacity as:
      • a school teacher representing your school (primary, secondary or Montessori);
      • a carer or social worker at a childcare group or youth group;
      • any other individual who has applied to participate in the OurClassBook programme who is involved in children’s education and/or youth care groups and has been approved by us for participation in the programme (approval is discretionary and on a case-by-case basis); (together referred to herein as the “Customers”).
  • Why you should read them. This is a legally binding contract which will apply to all orders placed under the OurClassBook programme. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not accept these terms, please do not place an order.
  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    • Who we are. We are CJ Fallon Unlimited Company, a company registered in Ireland, and we provide the OurCassBook service to the Customers. Our company registration number is 434078 and our registered office is at Ground Floor, Block B, Liffey Valley Office Campus, Dublin 22, D22X0Y3.
    • Our service. We provide a publishing kit to Customers which allows children in their care to contribute content which we will integrate and print (or have printed) in a professionally bound book (the “Services”). The publishing kit includes a Customer guide, parent order forms, a Customer order form, pages for writing and drawing and in some circumstances, a sample book. These publishing kits and the professionally bound books are the products we offer through our Services (the “Products”). The publishing kit can be ordered free of charge by a Customer online on our website ourclassbook.ie.
    • How to contact us. You can contact us by email at info@ourclassbook.ie.
    • How we may contact you. If we have to contact you, we will do so by telephone call to the Customer or by writing to you at the email address or Customer postal address you provided to us in your order.
  2. CUstomer STATUS and parental consent
    • Capacity: If you are placing an order for our Services for a school (primary, secondary or Montessori), childcare centre or youth group centre (the “Education Centre”) you warrant that:
      • You are employed as a teacher, carer or social worker at the Education Centre designated in your order form;
      • You have informed the principal / head of your Education Centre of your intention to place the order for the Services and they have authorised the order on behalf of your Education Centre;
      • You are legally capable of entering into binding contracts on behalf of the Education Centre; and
      • You have received parental consent for all children that will be contributing to the book and availing of the Services.
  1. OUR CONTRACT WITH YOU
    • Our vetting process for orders. Before accepting your order for a publishing kit, we will conduct a vetting process whereby we will review the information provided by you to confirm that you and your Education Centre have the capacity to order and avail of the Products. Where further information is required, we will contact you.
    • How we will accept your order. Our acceptance of your order for the publishing kit will take place when you receive the publishing kit, at which point a contract will come into existence between you and us.
    • If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing via email. This might be because you do not meet the vetting requirements, the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the description of the Product or because we are unable to meet a submission date you have specified.
    • Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
    • We only sell to Ireland. Our website is for the promotion of our Products to Education Centres in Ireland. For orders placed outside of Ireland, we will assess each Customers suitability for the programme on a case by case basis and may accept or reject any such orders at our discretion.
  2. OUR PRODUCTS
    • Products may vary slightly from their pictures. The images of the Products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
    • Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.

 

  1. customer PRICE AND PAYMENT
    • Price and payment terms. The publishing kit is provided free of charge. The price of the professionally bound books will be the price indicated on the parent order form issued with the publishing kit. You will be responsible for issuing the parent order forms to the parents, and for gathering the completed forms and payments. Once all completed forms and payments are gathered, you will submit them to us by credit card or cheque (as further detailed on the Customer order form). Payment must be received before the manuscript book is submitted for publishing to avail of the pricing outlined on the parent order forms.
    • Card payments. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
    • Rejected Orders. Because of standard banking procedures, once you have submitted an order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will “ring-fence” the full amount of your order. If your order is subsequently rejected or cancelled for any other reason, your bank or card issuer will not transfer the funds for the order to us and will instead release the relevant amount back into your available balance. However, this may take up to 10 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that we will not be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
    • Refunds. We will provide any refund that is deemed appropriate for the Services directly to you, and you will be responsible for arranging the distribution of this refund amongst the parent(s) who paid for the Services.

 

  1. PROVIDING THE PRODUCTS
    • Delivery costs. We offer free delivery on:
      • each publishing kit to the Education Centre;
      • the return of each publishing kit from a post office to us (through the use of the pre-paid An Post label provided by us). Instructions for the submission of the manuscript are provided in the publishing kit; and
      • the initial order of book(s) to the Education Centre.

All other circumstances, including where a Customer or parent wishes to purchase additional copies of the book(s), will incur delivery charges.

  • When we will provide the Products. During the order process we will let you know when we will provide the Products to you.
  • We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
  • Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
    • deal with technical problems or make minor technical changes;
    • update the Product to reflect changes in relevant laws and regulatory requirements;
    • make changes to the Product as requested by you or notified by us to you.
  1. YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the Product(s) you receive, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Please note however that we do not offer editorial services under the OurClassBook programme.

  1. OUR RIGHTS TO MAKE CHANGES
    • Minor changes to the Products. We may change the Product:
      • to reflect changes in relevant laws and regulatory requirements; and
      • to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.
    • More significant changes. In addition, we may make more significant changes to these Terms, the Product or the Services, but if we do so we will notify you of such changes, and where it is possible to cancel your order after notification of these changes, we will provide a refund to you.
  2. YOUR RIGHTS TO END THE CONTRACT
    • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and you will be entitled to a refund (if payment has been made). The reasons are:
      • we have told you about an upcoming change to the Product or these terms which you do not agree to;
      • we have told you about an error in the description of the Product you have ordered and you do not wish to proceed;
      • there is a risk that supply of the Products may be significantly delayed because of events outside our control;
      • we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons;
      • you have a legal right to end the contract because of something we have done wron
    • Ending the contract where we are not at fault. Even if we are not at fault, you may still end the contract before it is completed. All such situations will be considered by us, and a decision will be made on the returns and refund process on a discretionary basis.
  3. HOW TO END THE CONTRACT WITH US
    • Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at info@ourclassbook.ie. Please provide your name, Education Centre name and address, details of the order and, where available, your Education Centre phone number and email address.
    • Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract, for a refund to be processed.
  4. OUR RIGHTS TO END THE CONTRACT
    • We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
      • you do not pay the required price for the Products prior to submitting the relevant manuscript(s) for publishing;
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products;
      • you do not, within a reasonable time, allow us to deliver the Products to
  1. IF THERE IS A PROBLEM WITH THE PRODUCT
    • How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can write to us at info@ourclassbook.ie.
  2. Intellectual property rights
    • All intellectual property rights in and to the Services other than intellectual property rights in the materials or other content provided by you shall be owned by us. For the avoidance for doubt, the OurClassBook name and logo is a trade mark of CJ Fallon Unlimited Company.
    • You hereby grant us a fully paid-up, non-exclusive, royalty-free, worldwide licence to copy, use, modify, reproduce, translate and/or publish any materials or content provided by you to us for the purposes of providing the Services.
    • No licence to use any intellectual property rights is granted or implied by these terms except the rights expressly granted in these terms.
  3. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products.
  4. Liabilities, CONSENTS, WARRANTIES, and indemnities
    • Limitation of Liability. Subject to clause 15.2 above, our total liability to you and your Education Centre shall not exceed the total amount paid for the Services in the 12 months preceding the claim.
    • Responsibility for Content and Parental Consent. We engage a third-party printing service provider to attend to all printing, and we have entered into separate contractual arrangements with this party. We do not edit content prior to printing or publishing any book under the OurClassBook programme.  All books are printed and published directly from the manuscripts provided by you on behalf of your Education Centre. It is your responsibility to ensure in respect of each order that (1) the manuscript is reviewed and approved for printing and publishing by your Education Centre and/or any board of management of your Education Centre, as applicable, and (2) you have obtained all necessary parental consents, before submitting any manuscript to us for printing and/or publishing.
    • Warranties. Prior to submitting payment and the completed manuscript to us, you warrant that you have received each parent’s consent to submit the content prepared by the children for printing and/or publishing. You further warrant that you will review the sample issued by us in full and will ensure that it meets all necessary standards (set by the Education Centre, board of management, parents or otherwise) before you instruct us to print and/or publish all ordered books.
    • Indemnity. You agree to indemnify us absolutely from and against any claims, actions, damages, suits, liabilities, costs, fees, charges, and any other expenseswhatsoever, that may be asserted by a parent or third party against us in respect of the content of the published books, and our authority to publish it.
  5. HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information. We will only use your personal information as set out in our Privacy Policy at: https://ourclassbook.ie/privacy-policy/.

  1. OTHER IMPORTANT TERMS
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract.
    • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Irish law and you can bring legal proceedings in respect of the Products in the Irish courts.