Terms and Conditions

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 (“Terms”) 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);

(each referred to herein as a “Customer” or “you”, and collectively as “Customers”).

  • Why you should read them. This is a legally binding contract which will apply to all orders placed by you 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 and services to you, how you and we may change or end the contract, what to do if there is a problem, how we handle returns and refunds 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 situated at Ground Floor, Block B, Liffey Valley Office Campus, Dublin 22, D22X0Y3, Ireland. Any references to “CJ Fallon” or “we” or “us” or “our” in these Terms means CJ Fallon Unlimited Company.

  • 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 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.

  1. CUstomer STATUS and parental consent

  • By placing an order for our Services, you warrant and represent to us that you are at least 18 years old (or the legal age to place an order for the Services and to purchase the Products).

  • Capacity: If you are placing an order for our Services for and on behalf of a school (primary, secondary or Montessori), childcare centre or youth group centre (the “Education Centre”) you warrant and represent to us 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 have all necessary authority to and 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.

3.3    Business Customers.  We market, offer, supply and sell the Services and the Products on a business-to-business basis and not directly to consumers within the meaning of the Consumers Rights Act 2022.

  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 and the United Kingdom. Our website is for the promotion of our Products to Education Centres in Ireland and the United Kingdom. For orders placed outside of Ireland and the United Kingdom, we will assess each prospective Customer’s suitability for the programme on a case-by-case basis and may accept or reject any such orders at our discretion.

  1. 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 the images published on our website.

  • Product packaging may vary. The packaging of the Product may vary from that shown in images on our website.

  • Digital Content. The Products are printed, professionally bound books and are not digital content within the meaning of the Consumer Rights Act 2022.

  1. CONTENT standards

 

6.1    No harmful content.  When placing your order for the Services (and/or in respect of any change request pursuant to clause 9 below), you shall not include, provide or cause to be printed or published content of any kind which is harmful to children, or which is in breach of any law or regulation or in contempt of court.  The following content is prohibited:

6.1.1    Pornographic content;

6.1.2    Content which encourages, promotes or provides instructions for suicide;

6.1.3    Content which encourages, promotes or provides instructions for an act of deliberate self-injury;

6.1.4    Content which encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder;

6.15     Content which is abusive and which targets race, religion, sex, sexual orientation, disability, or gender reassignment;

6.1.6    Content which incites hatred against people of a particular race, religion, sex or sexual orientation, who have a disability, or who have the characteristic of gender reassignment;

6.1.7    Content which encourages, promotes or provides instructions for an act of serious violence against a person;

6.1.8    Bullying content;

6.1.8    Content which depicts real or realistic serious violence against or injury of an animal in graphic detail;

6.1.9    Content which realistically depicts serious violence against a fictional creature or the serious injury of a fictional creature in graphic detail;

6.1.10  Content which encourages, promotes or provides instructions for a challenge or stunt highly likely to result in serious injury to the person who does it or to someone else; and/or

6.1.11  Content which encourages a person to ingest, inject, inhale or in any other way self-administer a physically harmful substance and/or a substance in such a quantity as to be physically harmful.

6.2    Compliance.  With regard to any and all orders placed by you for the Products and/or the Services, you warrant and represent to us that you will fully comply with the content standards set out in clause 6.1 above.

 

  1. PRICE AND PAYMENT

    • Pre-Ordered Books. We may offer a discounted rate for Products that are pre-ordered. Pre-ordered books or Products are those that are ordered when the manuscript is submitted for publishing.  Orders for Products after this point are charged at their full price.

  • 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 and Online Payments.We accept payment by cheque, bank transfer credit card and debit card and payments are processed by our payment processing partner GlobalPay.  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.

  • Payment Terms. Payment for the Products must be made in full and received by us before we can begin printing.

  • Rejected Orders.Because of standard banking provider 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.

  • Price Adjustments. We reserve the right to adjust our standard price list for the Services at any time, but in any event at least once per year.  This will not affect orders placed by you which are pending at the time of our price adjustment and the Products the subject of your pending order will continue to be charged and supplied at the price agreed in writing between us during the order process (subject only to any additional charges as may be agreed and applied in respect of any changes to the Product(s) requested by you pursuant to clause 9 below, if applicable).

  1. DELIVERY AND DELIVERY CHARGES

 

    • Delivery Charges. We offer free delivery on:

  • each publishing kit to the Education Centre;

  • the return of each publishing kit from a post office in Ireland or the United Kingdom] to us (through the use of the pre-paid An Post or Royal Mail label provided by us). Instructions for the submission of the manuscript are provided in the publishing kit; and

  • delivery of the initial order of book(s) to the Education Centre.

8.2    When we will deliver the Products. During the order process we will let you know when we will deliver the Products to you. While we will use all reasonable efforts to ensure the delivery of the Products within any delivery date provided or confirmed during the order process, these delivery dates are estimates only. The delivery location is specified by you and agreed during the order process.

    • Risk and Title. All risk of damage to or loss of the Products shall pass to you on delivery.  Title to the Products shall pass to you upon our receipt of payment in full for them.

  • 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 Services to you. We may have to suspend the supply of Services to:

  • deal with technical problems or make minor technical changes;

  • update the Services 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 TO THE PRODUCT

 

If you wish to make a change to the Product(s) you have ordered, please contact us as soon as possible. We will let you know if the change is possible. This may depend, for example, on whether or not the Product(s) have already gone to print.  If it is possible to make a change to the Product(s), 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, including pricing changes (as applicable) and we will ask you to confirm whether you wish to go ahead with the change on this basis. Please note however that we do not offer editorial services under the OurClassBook programme.

  1. OUR RIGHTS TO MAKE CHANGES

 

    • Minor changes. We may change the Services:

  • 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 amend or make more significant changes to these Terms 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 upon your receipt of your request for cancellation.

  1. 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 wrong.

  • 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.

  1. HOW TO END THE CONTRACT WITH US

    • Tell us you want to end the contract. To end the contract with us to the extent permitted by, and in accordance with, these Terms, 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. This right to change your mind within 14 days and request a refund is subject to limitations and conditions, including those set out in clause 14.1 below.

  1. 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 you.

  2. PRODUCT GUARANTEE, RETURNS AND REFUNDS

14.1  Product Guarantee.  We offer a 100% satisfaction guarantee on our products. If you are in any way dissatisfied with the Products due to an issue or defect with the Products which was caused by us, we will replace the Products or refund you.  

14.2  If there is something wrong with the Product. If you have any questions or complaints about the Product, please contact us. You can write to us at info@ourclassbook.ie  and photographs of the issue or defect must be provided.  We may also require that you return the affected Product to us without delay for inspection, at our cost. Products found to be defective will be replaced or refunded at our option.

14.3  Refunds. In circumstances where we provide a refund to you in respect of the Services and/or the Products, it will be your responsibility to distribute this refund amongst the parent(s) or others who paid you for them.

14.4  Exceptions.  We do not offer refunds or replacements where you and/or the Education Centre have made a mistake, but will offer a refund or replacement wherever and whenever an error has been caused by us (e.g. poor binding, missing pages, typographical errors on the book cover).   We will not be responsible for damage or defects arising from normal wear and tear or if the Products are misused or used in any way other than for their intended purposes.

14.5  Products personalised or made to your specification.  In circumstances where the Products ordered by and dispatched to you are made to your specification or personalised for you, you do not have a right to receive a refund if you should seek to cancel your contract due to a change of mind.

  1. 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 and our licensors. For the avoidance for doubt, the OurClassBook name and logo is a trade mark of CJ Fallon Unlimited Company.

  • Grant of Licence. You hereby grant us a fully paid-up, non-exclusive, royalty-free, worldwide licence to copy, use, modify, reproduce, translate and/or publish (or have published) any materials or content provided by you to us for the purposes of providing the Services to you.

  • Reserved Rights. No licence to use any intellectual property rights is granted or implied by these Terms except the rights expressly granted in these Terms.

  1. 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.

  1. LIABILITIES, CONSENTS, WARRANTIES AND INDEMNITIES

    • Limitation of Liability. Subject to clause 16.2 and to the maximum extent permitted by applicable law:

  • we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms;
  • our total aggregate liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall not exceed the total amount paid by you for the Services and/or the Products 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 them. 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), and the content standards set out above, before you instruct us to print and/or publish all ordered books.

  • Indemnity. You agree to indemnify us from and against any and all claims, actions, damages, suits, liabilities, costs, fees, charges and any other expenses whatsoever (including reasonable legal costs) (“Claim”), that may be assertedby a parent or third party  against us in respect of the content of the books printed and/or published for you, and our authority to print and/or publish it, and any other Claim to the extent suffered or incurred by us arising out of or in connection with any breach by you of these Terms.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

 

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

    • Data Protection Legislation. For the purposes of this clause, the “Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time including the General Data Protection Regulation ((EU) 2016/679); the Irish Data Protection Acts 1988 – 2018; the UK Data Protection Act the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
    • Both CJ Fallon and the Customer confirm that they will comply with all applicable requirements of the Data Protection Legislation. This clause 19.2 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.

  1. OTHER IMPORTANT TERMS

 

    • We may transfer this agreement to someone else. We may transfer, subcontract or assign any of our rights and obligations under these Terms to another organisation.

 

  • You need our consent to transfer your rights to someone else. You may only transfer or assign your rights or your obligations under these Terms to another person if we agree to this in writing.

  • No third-party rights. 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 breaching 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. These Terms are governed by Irish law and the Irish courts shall have exclusive jurisdiction in respect of any dispute or Claim arising out or in connection with this contract and/or the Terms. Nothing in these Terms shall prevent us from seeking injunctive or other interim relief at any time from any court of competent jurisdiction.