Our Terms and Conditions of Business
Welcome to the wonderful community for kids of all ages!
Who we are.
OoberkidsRepublic™ is managed and owned by OoberK Limited a company registered in England and Wales under company number registration number 07673671. Our postal address is 88 A Mildmay Park, London N1 4PR, London and we operate the website www.ooberkidsrepublic.com.
How we conduct our business with you.
Our Terms and Conditions of Business are intended to give you clear information about us and the legal terms and conditions upon which we promote or sell and of our services and/or products detailed more specifically on our website.
These Terms will apply to any contract made between us for the sale of services and/or products to you. Please read these Terms carefully and make sure that you understand them, before ordering any services and/or products from our site. Should you require our Terms and Conditions of Business to be put into any other type of format then please let us know Please note that before placing an order with us, you will be asked to agree to these Terms and Conditions of Business. It is therefore important that you have read and understand them.
Please click on the button marked "I Accept" at the end of these Terms and Conditions only if you accept them. If you refuse to accept these Terms, then you will not be able to order any services and/or products from our site.
Should you prefer, you may print a copy of these Terms and Conditions for future reference.
Please note that we amend our Terms and Conditions of Business from time to time as set out in clause 10. It is therefore advisable to check the Terms from time to time and prior to ordering any services and/or products from us. Our Terms and Conditions of Business were last amended on 20th May 2018 to comply with the new data protection laws. However, we reserve the right to amend them at any time and without giving prior notice.
These Terms, and any subsequent contract between us, are only in the English language.
To contact us, please see our Contact Us page.
When the following words with capital letters are used in these terms, this is what they will mean:
You or Your: The party entering into any agreement or contract with us by paying the Subscription Fee and/or the relevant price for the products and/or services. Where the context so requires, You or Your includes your Authorised Users.
Us, We, or Our: OoberK Limited.
Authorised Users: The person who has paid the Subscription Fee and for each subscription a maximum of three children within the household. In the case of other organisations (including schools and educational establishments), Authorised Users includes any person in the business unit or units and/or pupils that we have agreed with you is or are to benefit from the subscription.
Confidential Information: Information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information as more specifically defined in clause 8.
Content: all text, information, data, Software, executable code, images, audio or video material in whatever medium or form incorporated in the Site.
Contract: The contract between us and you for the supply of Products and/or Services in accordance with these Terms.
Event Outside Our Control: As defined in clause 17.2;
Order: Your order for the supply of Services and/or Products, as set out in our written order acceptance.
Price List: The price list for the Services and the Products as may be varied from time to time.
Products: The products that we sell as listed on our Site.
Services: Includes (i) online educational learning material, content and know-how provided by us to you under this agreement as specified in the Order (including, but not limited to, answers to queries) and (ii) the services we provide to allow you to access and use interactive services on our Site, as the context requires.
Software: The software provided by us or by our suppliers which enables you to use the Services, including all data schemes, data models, databases and the like.
Subscriber Data: The data input by you (and anyone authorised by you) for use in conjunction with the Services.
Subscription Fee: The subscription fee for the Services to be provided under this agreement, as specified in our written order acceptance relating to this agreement.
Subscription Period: The period in respect of which a Subscription Fee is payable for any Service, as specified in our written order acceptance relating to this agreement.
Terms: The general terms and conditions set out in this agreement.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which we supply Services and/or the Products to you. Please ensure that you read these Terms carefully, and check that the details on the proposed Order are complete and accurate, before you submit the proposed Order to us. If you think that there is a mistake, please contact us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion between you and us.
2.3 When you submit the Order to us, this does not mean we have accepted your order for Services and/or Products. Our acceptance of the Order will take place as described in clause 2.4. If we are unable to supply you with the Services and/or Products, we will inform you of this in writing and we will not process the Order nor charge you for our services.
2.4 These Terms will become binding on you and us when we issue you with a written acceptance of an Order, at which point a Contract will come into existence between you and us.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
2.6 We shall assign an order number to the Order and inform you of it when we confirm the Order. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.7 Our Site catalogue and brochure are solely for the promotion of our Products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
3. USE OF OUR SITE
Your use of our Site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
4.2 We process all our data in accordance with current data protection legislation and will never share, sell or pass your personal details to any external third party without your express consent; unless we are required to do so by law.
5. OUR SERVICES
5.1 We will provide the Services to you as set out in the Order for the Subscription Period to the best of our ability and subject to you paying the Subscription Fee. The Services will commence on the date we issue you a user ID and password which allows you access to the paid for Services on the Site.
5.2 We will provide you the Services with reasonable care and skill.
5.3 We will make every effort to supply the Services on time but any dates specified are estimates only. There may also be delays due to an Event Outside Our Control. See clause 17 for our responsibilities when an Event Outside Our Control happens.
5.4 As we will be providing the Services over the internet through our Site, we cannot guarantee that the Services will be free from faults. However, we will always endeavour to repair any faults that are reported to us as soon as possible.
5.5 We may have to suspend the Services if we have to deal with technical problems, or to make improvements or repairs to the Site. If we have to suspend the Services we will endeavour to contact you to let you know in advance where this occurs by either email or through the Site, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended but this does not affect your obligation to pay the Subscription Fee.
5.6 In order to access and use our Services, you will need to be able to connect to the internet (through your hardware) preferably through a broadband connection and a web browser which complies with current internet standards. We cannot be held responsible for any failure on your part to connect to a suitable internet provider.
5.7 We may amend the Content and/or our Services from time to time and we cannot guarantee that all of the Content will available all of the time.
5.8 We can not guarantee or warrant the accuracy or completeness of any of the Content including information and results. It is your responsibility to check the accuracy and completeness of the Content.
5.9 We may from time to time contact you regarding the Site and the Contents and by entering into a contract or agreement with us you give your express consent for us to do this. Any instructions given to you by us must be followed to ensure that the smooth running of the Site.
5.10 You may search, view, copy and print out material containing Content for your own purposes.
5.11 We will take reasonable steps to ensure that Software and data files we supply to you as part of the Service are virus-free. However, we cannot be held responsible for any viruses which occur outside of our control.
5.12 We will use our best endeavours to ensure that Subscriber Data is maintained securely and is properly backed-up. In the event of any loss or damage to Subscriber Data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged Subscriber Data from the latest back up of such Subscriber Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Subscriber Data caused by any third party (except those third parties sub-contracted by us to perform services related to Subscriber Data maintenance and back-up).
5.13 We will use our best endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will endeavour to notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours.
5.14 We undertake no obligation to respond to queries other than specific requests under current legislation (such as data subject access requests)..
5.15 Our policy is to conduct our business at all times in a professional manner and to best practice standards. Whilst we use our best endeavours to maintain the Content, to make sure it is up to date and to develop our Services to meet your needs, you should note that:
(a) the Content is not intended to be definitive on any particular subject nor any particular situation;
(b) we do not accept responsibility for action taken as a result of the Content;
(c) the Services are general and educational in nature and may not reflect all recent educational developments in syllabuses or the like;
(d) we give no warranty or assurance that the Services and our means of delivering them are compatible with your software or computer configuration; and
(e) we may change all or part of our Service at our discretion and without notice.
6. YOUR OBLIGATIONS
6.1 The Service which we provide is solely for (i) your own use (including your Authorised Users) and (ii) for educational purposes only. You are responsible for (i) the acts and omissions of the Authorised Users in connection with the Service and (ii) any failure by any Authorised User to perform or observe these Terms, including any instructions that we may issue.
6.2 You shall not store, distribute or transmit any material through the Site that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities.
6.3 You shall not:
(a) attempt to resell, duplicate, modify, disclose or distribute any portion of the Site, Content or the Services; or
(b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Site and/or the Services, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
(c) use the Site and/or the Services to provide services to third parties, without our prior written consent; or
(d) transfer, temporarily or permanently, any rights or obligations under this agreement, or
(e) attempt to obtain, or assist others in obtaining, access to the Site and/or the Services, other than as provided under this agreement.
6.4 We confirm we have all the rights in relation to the Site and/or the Services that are necessary to grant all the rights we purport to grant under the terms of this agreement.
6.5 You will take reasonable steps to ensure that Authorised Users comply with these Terms and do not:
(a) copy, print out or otherwise reproduce any Content nor any material relating to part of the Services, except as permitted under this agreement or authorised by us in writing;
(b) make any part of the Site or the Services available to anyone, except as permitted under this agreement or authorised by us in writing;
(c) alter any part of the Site, Content or Services; and
(d) purport to assign or otherwise dispose of your rights under these Terms.
6.6 You will take reasonable steps to ensure that nobody other than your Authorised Users accesses the Site, Content or Services using accounts created with your username and password and you will not share your login details with anyone else.
6.7 You acknowledge and agree that we and our licensors own all intellectual property rights in the Site, Content and the Services. Except as expressly stated in this agreement, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Site, Content and the Services or any related material.
6.8 You are solely responsible for the appropriate use of the Site, Content and the Services.
6.9 You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.
6.11 You are permitted to download and store Content only for your own use until the end of the Subscription Period.
6.12 You are responsible for all content, information, material and designs that you create or input into the Site.
6.13 You warrant and promise that all content, information and material that you include on the Site and the information that you send to us is true and accurate. You further warrant and promise that all information and material that you include on the Site will at all times be lawful and will not contravene any applicable laws.
6.14 You agree not to use the Site for the following:
(i) in connection with (a) any criminal offence or (b) anything which would give rise to civil liability;
(ii) in breach of this agreement or any instructions that we may give to you; and
(iii) to send or supply any unsolicited advertising or promotional material.
6.15 If you (with or without your knowledge) use the Site in a way which we (in our reasonable opinion) think prejudices the Site and/or the provision of the Services, we may terminate this agreement and you will not be entitled to a refund of your Subscription Fee. We may also suspend your user ID and password to the Service if we consider that there has been a breach of this agreement. We also reserve the right to use law enforcement agencies as may be considered appropriate.
6.16 You agree to indemnify us against claims of a third party pursuant to your use of the Site and the Services which are either in breach of (i) this agreement or (ii) the rights of a third party.
7. PASSWORDS AND SECURITY
7.1 Upon you paying the Subscription Fee for the Services, you will be provided with a user ID and password for you and your Authorised Users. You are responsible for the proper use and security of your user ID and passwords. You must take all reasonable steps to ensure that the user ID’s, passwords and the Subscriber Data are kept confidential and secure.
7.2 You must inform us immediately if anyone other than you and your Authorised Users gain access to your user ID and/or password for the Site.
7.3 We reserve the right to suspend your user ID and/or password if we consider that there has been a breach of security in respect of the Site.
7.4 We may from time to time require you to change your user ID and/or password.
7.5 You must inform us as soon as possible if there are any changes to your information that you provide us when registering with our Site and/or the Services.
7.6 You and your Authorised Users must not submit personal information (real names, addresses, phone numbers, email address) to other users on the Site.
8. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
8.1 All intellectual property rights in or arising out of or in connection with the Site, Services or Content shall be owned by us.
8.2 You agree not to use and/or breach any third party intellectual property rights when using the Site and/or the Services.
8.3 We grant you a non-exclusive, non-transferable licence to access the Content through the Site. You agree that the Services and the Content are solely for your educational purposes (and for the avoidance of doubt, nothing in this agreement grants to you any rights whatsoever in or relating to the source code of the Software).
8.4 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party's Confidential Information shall not be deemed to include information that:
(a) is or becomes publicly known other than through any act or omission of the receiving party; or
(b) was in the other party's lawful possession before the disclosure; or
(c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
(d) is independently developed by the receiving party, which independent development can be shown by written evidence; or
(e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
8.5 Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this agreement.
8.6 Each party shall use its best endeavours to ensure that the other's Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this agreement.
8.7 Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party (except, in our case, those third parties sub-contracted by us to perform services related to Subscriber Data maintenance and back-up).
8.8 You acknowledge that our Confidential Information includes the Software.
8.9 We acknowledge that the Subscriber Data is your Confidential Information.
8.10 This clause shall survive termination of this agreement, however arising.
9. OUR PRODUCTS
9.1 The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may therefore vary slightly from those images.
9.2 The packaging of the Products may vary from that shown on images on our Site.
9.3 All Products shown on our Site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
9.4 If you are a consumer, you may only purchase Products from our Site if you are at least 18 years old and expressly consent to our Terms and Conditions of Business..
9.5 If you are not a consumer, you confirm that you have authority to bind any business or organisation on whose behalf you use our Site to purchase Products.
10. OUR RIGHT TO VARY THESE TERMS
10.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; and
(c) changes required to the Services and/or the Products as required by us.
10.2 Whenever we revise these Terms, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
11. YOUR CANCELLATION AND REFUND RIGHTS IF YOU ARE A CONSUMER
This clause 11 only applies if you are a consumer.
11.1 If you are a consumer, you have a legal right to cancel a Contract (for Products only) under the Consumer Contracts (Information, Cancellation, and additional Changes) Regulations 2013, during the period set out below in clause 11.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
11.2 In relation to the Services, the Services will be available promptly once you have paid the Subscription Fee. As such by agreeing to pay the Subscription Fee, you expressly agree that we can provide the Services immediately and before the usual cancellation period expires.
11.3 Your legal right to cancel a Contract for Products starts from the date we provide you written confirmation of your Order, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a statutory period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
11.4 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to 88 A Mildmay Park, London N1 4PR . You may wish to keep a copy of your cancellation notification for your own records.
11.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 11.4. If you returned the Products to us because they were faulty or mis-described, please see clause 11.6.
11.6 If you have returned the Products to us under this clause 11 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
11.7 We refund you on the credit card or debit card used by you to pay.
11.8 If the Products were delivered to you:
(a) you must return the Products to us as soon as reasonably practicable;
(b) unless the Products are faulty or not as described (in this case, see clause11.6), you will be responsible for the cost of returning the Products to us;
(c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
11.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the written confirmation of your order.
11.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 11 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.1 Your Order will be fulfilled by the estimated delivery date set out in our written confirmation of your Order, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
12.2 Delivery will be completed when we deliver the Products to the address you gave us.
12.3 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
12.4 The Products will be your responsibility from the completion of delivery.
12.5 You own the Products once we have received payment in full, including all applicable delivery charges.
13. PRICE AND CHARGES
13.1 The prices of the Services and the Products will be as quoted on our Site from time to time. All prices for the Services and the Products are payable in advance. We take all reasonable care to ensure that the prices of Services and the Products are correct at the time when the relevant information was entered onto the system.
13.2 The Subscription Fees and Subscription Periods will be on a monthly, six monthly and annual basis. Monthly and six monthly subscriptions will automatically be renewed at the end of the relevant Subscription Period until you notify us that you wish to terminate your subscription.
13.3 Prices for our Services and/or Products may change from time to time, but changes will not affect any Order which we have confirmed with you in our written acceptance of your Order.
13.4 The price of the Services and/or the Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.5 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Site from time to time.
13.6 If we raise an invoice for you to pay, the invoice must be paid within 28 days from the date of the invoice. We reserve the right to charge interest at a daily rate of 3% over the base lending rate of HSB Bank Plc if you fail to make payment on the due date.
14. HOW TO PAY
14.1 You can only pay for the Services and/or Products via the Site using a debit card or credit card. In the case of businesses and organisations we may raise an invoice for the Services and/or Products that you wish to Order.
14.2 Payment for the Services and/or the Products and all applicable delivery charges is in advance.
15. OUR LIABILITY IF YOU ARE A BUSINESS
This clause only applies if you are a business customer.
15.1 We only supply the Services and/or Products for educational purposes, and you agree not to use the Services and/or Products for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 115% of the price of the Services and/or Products that you Order.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services and/or Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services and/or Products are suitable for your purposes.
16. OUR LIABILITY IF YOU ARE A CONSUMER
This clause only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Services and/or Products for educational purposes, domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 17 of the Consumer Rights act 2015 (title and quiet possession);
(d) any breach of the terms implied by sections 9,10 and 13 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and any Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18.1 This agreement will terminate (i) automatically at the end of the Subscription Period in which you notify us that you wish to terminate the Contract (unless you agree to continue with Services and pay a further Subscription Fee) and (ii) if you or we are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to the party in breach.
18.2 If we are in material breach as a result of circumstances within our control, you will be entitled to pro-rata return of the Subscription Fee. If you are in material breach of this agreement you will not be entitled to a refund of your Subscription Fee.
18.3 On termination of this agreement for any reason:
(a) all licences granted under this agreement shall immediately terminate;
(b) subject to the exceptions in this sub-clause, you will take reasonable steps to delete the Software and Contents from your electronic media and electronic storage devices so that you no longer have an electronically functional copy of the Software or any part of the Contents;
(c) we may destroy or otherwise dispose of any of the Subscriber Data in our possession unless we receive, no later than ten days after the effective date of the termination or expiry of this agreement, a written request for the delivery to you of a print-out of the then most recent back-up of the Subscriber Data. We shall use reasonable commercial efforts to deliver the print-out to you within 30 days of receipt of such a written request, provided that you have, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). You shall pay all reasonable expenses incurred by us in delivering such print-out; and
(d) termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
19. COMMUNICATIONS BETWEEN US
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to OoberK Limited at 80-83 Long Lane, London EC1A 9ET or firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 11, please see that clause 11 for how to tell us this.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on the Site if this happens.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services and/or Products through our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.
20.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Terms of website use
Information about us
www.ooberkidsrepublic.com is a site operated by OoberK Limited ("We"). We are registered in England and Wales under company registration number 07673671 and our postal address is 88A Mildmay Park , London N1 4PR.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your household or organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Transactions concluded through our site
Contracts for the supply of services and/or products formed through our site or as a result of visits made by you are governed by our terms and conditions of supply which will need to be agreed before you can order.
Acceptable use and Uploading material to our site
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of this policy.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
Other interactive features.
The interactive services are fully moderated. Every contribution submitted (contribution) will be checked by us for compliance with our content standards below (Content Standards) as soon as reasonably practicable after it is published. We will try to publish as many contributions as we can but we cannot guarantee that all contributions will be published or at all. We also cannot guarantee how quickly contributions will be posted on the Board as this will depend on other editorial commitments.
Although the interactive services are fully moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the interactive services or any other service we provide on our site and we may stop moderating the interactive services at any time. We reserve the right to remove, or to disable access to, any contribution which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights. We expressly exclude our liability for any loss or damage arising from the use of the interactive services by any person in contravention of this policy.
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the express consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site, and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
state personal information (real names, addresses, phone numbers, email address) to other users on the Site;
Contain any personal information regarding the user;
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this policy constitutes a material breach of its terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in this policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in this policy.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in this policy.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
OoberKidsRepublic are pending UK registered trademarks of OoberK Limited.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.
Thank you for visiting our site.
For more information about child-friendly use of the internet, consider consulting resources such as : https://www.saferinternet.org.uk/