Terms and Conditions

Terms and Conditions for the Online Sale of Educational Leaflets, Booklets, and Videos

These terms and conditions apply to all purchases of educational leaflets, booklets, and accompanying videos from Bodysafetyworkbook.co.uk.

1. Definitions

“Us” “we” “our” and “ours” means Elisha Ward of a home-based office (full trading address is available upon request) trading as Bodysafetyworkbook.co.uk and Oakley Safeguarding.

“Fee” means a one-time payment made by the School when purchasing the Materials.

“Materials” means any material including but not limited to the Workbook and Guidance.

“School”, “you” and “your” means the educational institution which purchases items or the right to use materials produced by us including the Workbook and Guidance.

“Workbook and Guidance” refers to the educational leaflets, booklets, and videos sold by us for use to support conversations with a child or children about safeguarding concerns and/or questions or education relating to safeguarding of a child or children.

2. Background

We are a small business which provides supportive materials as a tool to support conversations around body safety.   Any school which uses the Materials engages qualified and trained staff and teachers to deal with safeguarding issues. The School takes responsibility for the content of conversations and the manner in which they are conducted including any follow-up actions or reports to relevant authorities.  The Workbook and Guidance is a tool that can be used to facilitate safeguarding but are not intended to be a substitute for proper training nor tools that will establish protective safeguarding by themselves.  As such the School retains full responsibility for the actions of its staff and contractors when using the Materials and acting on any disclosures or safeguarding concerns arising from their use.

3. Contract Formation

By placing an order for Materials and/or the Workbook and Guidance, the School acknowledges and agrees to these Terms.  A binding contract is formed between us and the School when we accept the School’s order:

  • by issuing a confirmation via email or other written communication or
  • by sending the requested document either manually or by an automated method (such as by email or permitting it to be downloaded from our server or host through our website).

4. Price and Payment

The Fee for this licence to copy and use the Materials is stated at the time of purchase. You must pay this in full through the payment method we specify.  The Fee is non-refundable unless stated otherwise in these Terms. Payments are processed through our payment provider, which is currently Stripe Payments UK Ltd.  We reserve the right to change our payment provider without notice.

5. Digital Delivery and Access

We will provide access to the digital version of the Materials via a secure download link or portal within 5 working days of the date when we receive confirmation that your payment has been received.  You are responsible for ensuring the School’s IT systems are compatible for accessing and printing the Materials.

6. Licence for Use

Upon receiving full payment of the Fee, we grant the School a non-exclusive, non-transferable, and limited-use licence to use the Workbook and Guidance solely for internal educational purposes. The limits to that licence are the School

  • must use the Workbook and Guidance together and not separately;
  • must follow any other instructions issued before or when receiving or downloading the Materials;
  • must check with any social worker and/or police contacts who are involved in any arrangements or investigations with a child before sharing or using the Workbook with that child and must not use the Workbook without consent of all such social worker(s) and police contact(s);
  • must not share digital copies with nor make Materials available to any other person save as permitted in these terms or as permitted in information provided at the time of purchase;
  • must comply with any restrictions on the extent to which the Materials can be shared with other schools within the School’s own academy or group (for instance any restrictions to the use at one school site agreed when choosing the price paid)
  • can print one copy of the Workbook and of the Guidance then duplicate it internally as needed for its own pupils and staff for the number of schools permitted at the time of ordering;
  • can make and share a hard copy or electronic copy of the Materials with any person who holds parental responsibility for, and/or any social worker who is connected with the care of, a child with whom the School intends to use the Workbook;
  • can make and share a hard copy or electronic copy of the Materials with any police officer who is involved in an active investigation or other police or prosecution action relating to such a child;
  • can disclose the Workbook and Guidance as required by law or a court order.

7. Ownership of the Materials

Ownership of all intellectual property rights in the Materials and any modification thereto remains ours. This includes any suggestions from you or any of your staff to changes to the Materials which are accepted or modified by us.

8. Donations: If during the sale process there is any indication that a donation of part of the Fee is made to a charity, we reserve the right to change the charity to which the donation is made or to aggregate proceeds with the amount from other sales and send them to one charity at a point in the future, for practical efficiency. 

9. Liability and Warranties

9.1 We warrant that the Materials will be of satisfactory quality, fit for its intended purpose, and conform to its description at the time of delivery.

9.2 Our total liability for claims arising under or related to these terms shall not exceed the Fee paid by the School.

  • Since the School is in control of how it uses the Materials, we are not liable for:
  • Any indirect or consequential loss, including loss of data or revenue or reputation;
  • Failures arising from the Schools IT or equipment;
  • Harm done to or suffered by a child while using them;
  • Any harm or impact on any ongoing investigation by social workers or the police.

10. If we modify the Materials

If any Materials is or are defective or out-of-date we can:

  • give you 14 days’ notice to terminate this agreement by contacting the email address provided when placing the order or by a general notice indicating the version of such an item is now valid.
  • modify the affected items by including a copy of the modified version on our website

after which this licence applies to the modified version of the item.  If we update Materials, we reserve the right to charge the School for permission to use any replacement version but will only do this where there is additional content in the updated item.

11. If you breach these terms

If the School or any person employed by or engaged by the School breaches these terms we can terminate the licence immediately.  This includes but is not limited to instances where, in our view (acting reasonably) any part of any Materials is reproduced, redistributed, or misused.  Upon termination, the School must stop using the item(s) and delete all digital copies in its possession.

12. If you or we waive any breach of these terms

No waiver of any term related to one item of Materials shall be deemed a further or continuing waiver of any term related to those Materials nor waiver of breach related to other Materials.

13. If we cannot control our ability to comply with these terms

We are not liable for any failure or delay in performing our obligations under these terms due to events beyond our reasonable control, including but not limited to

  • acts of God, natural disasters, war, strikes, pandemic; nor
  • IT system failures; nor
  • changes to third party software (including but not limited to Adobe Acrobat Reader or browsers) which render the Materials or our website unusable.

14. Notices: Any notices under these terms must be provided in writing to the respective parties or by email. Our email address is elisha@oakleysafeguarding.com

15. Data Protection and your contact details

We will not retain personal data other than contact details provided by you and will process that data in accordance with the UK General Data Protection Regulation (UK GDPR). A copy of our Privacy Policy is available on request. We do not retain bank details because they are processed by our payment provider.

16. Our logos and brands, Third party rights and Affiliations

Bodysafetyworkbook.co.uk, Oakley Safeguarding and the related logos and names belong to us.  You cannot reproduce these unless we consent.  The use of logos of other support services related to safeguarding produced in our Materials is not intended to express any endorsement or affiliation to such third parties unless expressly stated.

17. Governing Law and Jurisdiction These terms and any disputes arising hereunder shall be governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to resolve any disputes.