Terms & Conditions
Terms and Conditions
BPB helps developers stay up to date with the technologies transforming the world. Covering both emerging and established tools and trends through a variety of learning formats, we have a growing ecosystem of resources and products that we want every developer to explore and utilize in their lives.
When you access and use our products and content, you’re agreeing to the terms of use set out below:
Introduction
These Terms of Use, as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, these “Terms of Use”), are entered into by and between you and BPB Publications (“BPB”, “we”, or “us”). For the purposes of these Terms of Use, “you” includes, individually and collectively, you (the user or Customer) and any individual, affiliate, or Business User that is visiting, viewing, using, or accessing the site under your Subscription or Plan or as a transactional purchaser. To the extent that you have entered into a business agreement, or other written agreement fully executed and signed by an authorized representative of BPB that contains terms that directly conflict with any terms of these Terms of Use, then the conflicting terms set forth in such other agreement will take precedence.
You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Site, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or (iii) signing or confirming a Sales Order or other agreement incorporating these Terms of Use, that you have read, understand, and agree to be bound by these Terms of Use, irrespective of whether you are a guest or a registered user of the Site.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE. BPB’S ALLOWANCE OF YOUR USE AND ACCESS TO THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.
License to use this site
BPB grants you a limited license to access and make use of this site and not to modify it or re-use it, or any portion of it, except with express written consent of BPB.
BPB provides this website BPBonline.com and associated websites and services to you subject to the following conditions. In visiting BPBonline.com or associated websites you accept these conditions.
License to use BPB
BPB grants bpbonline.com account holders a limited license to access free content on BPB and paid subscribers access to agreed content, for personal or business use as per your agreement, but not to modify or re-use its contents, or any portion of it, except with express written consent of BPB. BPB retains the right to remove access to free content. When any paid subscription period ends, unlimited access to content is removed and any caching must be removed. This does not affect any free, downloaded or individually purchased content outside of a subscription.
Privacy
You can read the Privacy Policy here.
Product Descriptions
At BPB we endeavor to make all the information on our websites, and especially that relating to our products, as accurately as possible. However, BPB does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If you buy or access a product from us that you are unhappy with due to reasons mentioned in our Return and Refund Policy, please contact our Customer Relations Team on business@bpbonline.com and we will do our best to help you.
Copyright Notice
All content included on this site, such as text, graphics, audios, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BPB, and is protected by international copyright laws. Consequently, BPB’s trademarks may not be used in connection with any product or service that is not BPB’s in any manner, including any product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits the company.
Third Party Links
The provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other, websites or locations, or their contents. Because BPB Publications has no control over, does not review, and cannot be responsible for these outside websites or their content, you acknowledge and agree that BPB Publications is not responsible for these resources. Additionally, BPB Publications is not responsible for the availability of such third party sites or resources, and does not endorse and is not responsible or liable for any damages resulting from use or transactions related to such sites or resources.
Third Party Content
Content from other third parties is made available to you through links. Because BPB does not control such content, you agree that BPB is not responsible for any such content, including advertising and information about third party products or services. Furthermore, BPB does not have control over such Content and makes no guarantees about the accuracy, currency, suitability, or quality of such content, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by third parties.
Terms of shipment for print customers
(a) Every purchase of a physical book product you make from BPB via this website bpbonline.com is made subject to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Therefore, it is your responsibility to ensure that any contact information/delivery address you have provided to BPB is both accurate and up-to-date. Failure to ensure these details may result in your order being delayed, lost, or un-delivered, and BPB cannot be held responsible for instances where incorrect details have been given.
(b) The billing address is considered the place of supply for indirect tax purposes. Please ensure the billing address is the place where you, as the consumer of the digital service/product and/ or physical product, are based, have your permanent address or usually reside.
(c) Please note that the tangible shipment of physical book products from one country for delivery in another country may be subject to customs duties, import fees, taxes and/or other charges in the country of ultimate destination. Unless otherwise expressly stated by BPB during the order process, your payment for the order in question does not include any customs duties, import fees, taxes and/or other charges that may be due and payable in the product’s country of ultimate destination, and the receiving party in the Product’s country of ultimate destination is responsible for making entry and properly declaring the merchandise to the appropriate customs authorities, paying any applicable customs duties/ import/import fees/taxes/charges, and/or satisfying any additional import-related requirements. You should contact the local customs authorities in the relevant jurisdiction for further information on the applicable customs requirements and procedures, duties, import fees, taxes, and/or other charges that may be assessed against the Product.
(d) If you are unsure about your order, please contact the Customer Relations team on: business@bpbonline.com
eBook T&Cs
The sale, purchase and access of products via this application website is by a contract between you and us, formed when you have placed an order. Once your order has been placed, the specific eBook shall appear in your ‘Owned’ or ‘My Library section’. Alternatively, for a hardcopy book purchase, once we have accepted your order, we will send you an order confirmation.
Please note that as soon as we confirm your eBook order, it will enter our electronic system and we will be unable to prevent it being dispatched to your account. In addition, no refunds or exchanges will be given on eBooks unless the supplied file is faulty or a fault occurs during the book being made available to you, i.e. during download. If either case should arise, then you should contact Customer Care business@bpbonline.com who will be able to resolve this issue for you.
Furthermore, in making a purchase, you agree and recognise that:
BPB Subscription Services
Personal Subscription Plan
(a) Individual License. If you choose or purchase a BPB individual subscription plan, BPB grants you, and you alone, a non-exclusive, non-transferable license (“Individual License”) to use the Site for the subscription term length set forth during Checkout (the “Initial Individual Term”) in strict accordance with these Terms of Use for non-commercial home or personal use only. If you purchase a “monthly” plan, your Initial Individual Term is one month from the date of purchase, whereas the purchase of an “annual” plan results in a one year Initial Individual Term. Any renewal of the Initial Individual Term (or a Renewal Individual Term), whether such renewal occurs by way of your Automatic Individual Renewal, Checkout, or otherwise, shall be deemed a “Renewal Individual Term”, and together with the Initial Individual Term, the “Individual Term”, as applicable.
(b) Individual License free trial. If you took a personal Subscription with a ‘free trial’, you may cancel the Subscription at any time before the trial period expires. Unless you cancel prior to the end of the free trial period, your Subscription will automatically continue as a paid-for Subscription.
(c) Individual License Fee. BPB’s grant of the Individual License is expressly conditioned on timely payment of the then-applicable license fee for the Individual Plan in the amount and on the billing frequency (e.g., monthly, annually) selected and set forth during Checkout (“Individual License Fee”). We may include a separate charge for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties or charges of any kind, other than taxes on BPB’s income, imposed by any local governmental entity on any amounts payable by you under these Terms of Use. We will remit taxes collected, if any, to the appropriate taxing authority.
- Automatic Individual Renewal. BY REGISTERING FOR, SUBSCRIBING TO, OR PURCHASING AN INDIVIDUAL PLAN AND PROVIDING BILLING INFORMATION DURING CHECKOUT, YOU GRANT US AND OUR AUTHORIZED THIRD-PARTY PAYMENT PROCESSOR(S) THE RIGHT TO PROCESS PAYMENT FOR YOUR INDIVIDUAL LICENSE FEE VIA THE DEBIT CARD, CREDIT CARD, OR PAYPAL® ACCOUNT YOU PROVIDED DURING CHECKOUT OR MAINTAIN ON YOUR ACCOUNT (your “Individual Payment Method”). YOU UNDERSTAND AND AGREE THAT AT THE END OF EACH INDIVIDUAL TERM WE WILL AUTOMATICALLY RENEW YOUR INDIVIDUAL PLAN FOR THE SAME LENGTH OF TERM AND PROCESS YOUR INDIVIDUAL PAYMENT METHOD FOR PAYMENT OF THE INDIVIDUAL LICENSE FEE AT THE THEN-APPLICABLE PRICE FOR AN INDIVIDUAL PLAN (said process, “Automatic Individual Renewal”). If you choose to be billed “monthly”, we will process your Automatic Individual Renewal on or near the same day of each month. If you choose to be billed “annually”, we will process your Automatic Individual Renewal on or near the same day of each year. If payment is not received within such time period, or if we are unable to renew your Individual Plan based on inaccurate or outdated Individual Payment Method information, we may suspend or terminate your Individual Plan, at our sole discretion. For Individual Plans, there is no ability to disable Automatic Individual Renewal other than cancellation. See Subscription FAQs for more details.
- Individual Plan Refund Policy. All portions of the Individual License Fee, whether paid monthly or annually, are completely non-refundable. Exceptions for extenuating circumstances may be considered by emailing business@bpbonline.com; however, subject to the subsequent paragraph, we are in no way obligated to refund you any portion of the Individual License Fee.
- If you are not completely satisfied, you may cancel your subscription (having chosen any method of payment) at any time during the first 14 days by contacting business@bpbonline.com and we will give you a full refund.
Business Plans
(a) Business License(s). If you choose or purchase a BPB business subscription plan during Checkout or in a separate BPB-provided sales order (each, a “Sales Order”), which includes any of the business plan offerings set forth on the Pricing Page (each, a “Business Plan”), BPB grants you a non-exclusive, non-transferable license (“Business License”) to use the Site for the subscription term length set forth during Checkout or a Sales Order (the “Initial Business Term”) in strict accordance with these Terms of Use. Any renewal of the Initial Business Term (or a Renewal Business Term), whether such renewal occurs by way of your Automatic Business Renewal, Checkout, a renewal Sales Order, or otherwise, shall be deemed a “Renewal Business Term”, and together with the Initial Business Term, the “Business Term”, as applicable.
(b) Individual Business Subscriptions. The Business License allows a specific number of your employees or affiliate employees to register as BPB users (each, a “Business User”) and receive access to the Site by way of your Business License. Each Business User must be designated by the business purchasing the Business License or by such business’s designated Company Administrator, after which each Business User will be provisioned unique Account Information to register for a BPB account and receive access to use the Site through an individual single-use business subscription (an “Individual Business Subscription”). Each Individual Business Subscription is to be used solely by the named Business User and for the internal purposes of the business provisioning the Business License. Each Individual Business Subscription may not be shared amongst Business Users nor may it be shared amongst multiple employees, affiliate employees, contractors, agents, or other individuals.
(c) Business License free trial. In the event that you commence a Business License free trial, should you not cancel prior to the end of the free trial period, these will not automatically continue as a paid for subscription and you and your specified users will lose access to BPB content.
(d) Business License Fee. BPB’s grant of the Business License is expressly conditioned on timely payment of the then-applicable annual license fee in advance for all Individual Business Subscriptions on or added to your Business Plan in the amount and on the billing frequency set forth during Checkout or in a Sales Order (individually, and collectively, the “Business License Fee”).
- Payment by Debit or Credit Cards, PayPal®, or Third Parties. By registering for, subscribing to, or purchasing a Business Plan and providing billing information during Checkout or otherwise, you grant us and our authorized third-party payment processor(s) the right to process payment for your Business License Fee via the debit card, credit card, PayPal® account, third-party payment provider, or reseller you provide, authorize, or maintain on your Business Plan account (individually, and collectively, “Business Payment Method”).
- Automatic Business Renewal. Unless otherwise set forth in Checkout or a Sales Order, YOU UNDERSTAND AND AGREE THAT AT THE END OF EACH APPLICABLE BUSINESS TERM WE WILL AUTOMATICALLY RENEW YOUR BUSINESS PLAN (INCLUDING ALL INDIVIDUAL BUSINESS SUBSCRIPTIONS ON YOUR BUSINESS PLAN AT THE TIME OF RENEWAL) FOR THE SAME LENGTH OF TERM AND PROCESS YOUR BUSINESS PAYMENT METHOD OR INVOICE FOR PAYMENT OF THE APPLICABLE BUSINESS LICENSE FEE FOR THE RENEWAL BUSINESS TERM AT THE THEN-APPLICABLE PRICE FOR A BUSINESS PLAN.
By way of example, if you select 10 Individual Business Subscriptions under a 1-year Business Plan during Checkout beginning July 1st 2019, we will process your Business Payment Method or invoice you for the 1-year cost of 10 Individual Business Subscriptions on the date of your Checkout. Your 10 Individual Business Subscriptions will expire on June 30th 2020 and unless you notify us at least 30 days prior to June 30th 2020, we will renew your Business Plan on or around July 1st 2020 for one year and on or around July 1st each year thereafter for 10 Individual Business Subscriptions at the then-applicable price for such subscriptions.
Should you add five further Individual Business Subscriptions six months into your Initial Business Term you will be charged a pro-rata amount for these subscriptions for the remaining six months of the Initial Business Term. At the point of renewal the total number of Individual Business Subscriptions purchased during the previous year will be renewed for a further 1 year period, in this case a total of 15 Individual Business Licenses.
iii. Suspension Because of Nonpayment. If payment is not received within the required time period, or if we are unable to renew your Business Plan based on inaccurate or outdated Business Payment Method information, we may suspend your access to the Site (including all of your Business Users’ access) until payment is received. In the event we suspend your Business Plan because of nonpayment, no additional time will be added to the then-applicable Business Term.
- Taxes. The Business License Fee is exclusive of applicable taxes. When processing your Business Payment Method or invoicing, we may include a separate charge for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties or charges of any kind. For the avoidance of doubt, your billing address will be considered the place of supply for indirect tax purposes.
(e) Additional Subscriptions. As a Business Plan subscription holder, you or your Company Administrator may purchase additional Individual Business Subscriptions during the Initial Business Term or any Renewal Business Term, as applicable. The Business Users’ access to the Site by way of the new subscriptions is conditioned upon timely payment of the applicable Business License Fee for each Individual Business Subscription added, which will be prorated for the number of days remaining in your then-current Business Term and paid by your Business Payment Method on file (or invoice), as selected during Checkout. See worked example in (d)ii above.
(f) Designation of Business Users. As a Business Plan subscription holder (depending on your Plan), you may designate one or more of your employees to act as Company Administrator (“Admin”) in relation to your Business Plan. Any Admin you authorize will have the ability to purchase Individual Business Subscriptions and assign and authorize them to your Business Users via the Site’s Business Plan administrative functionalities.
(g) Individual Business Subscription Transfers. You acknowledge and agree that the Individual Business Subscriptions granted under these Terms of Use, via Checkout, and under each Sales Order are specific to the individual Business Users you designate. Except as set forth during Checkout or a Sales Order, the Individual Business Subscriptions granted under these Terms of Use are not transferable to any other individual for any reason, and you will take all commercially reasonable steps to prevent your Business Users from granting access to the Site to any other individuals.
(h) Removing Individual Business Users. As a Business User, should you leave an organisation or be removed from an organisation by the Company Administrator your access to the content will cease immediately. Should you link your BPB for Teams account to a specific email address your reading history, bookmarks and saved titles will remain visible within your account area and carry forward, should you commence a personal subscription or join a new Teams subscription.
(i) Your Marks. As a Business Plan Subscription holder, you agree that we may use your logo and name; provided that such use may be for informational purposes only in marketing efforts, solely for the purpose of identifying you as a customer of BPB, and for no other purpose.
User Agreement
If you use this site, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Further, under no circumstance must you misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, spyware, adware, or other material that is malicious or technologically harmful or designed to adversely affect the Website. Additionally, you must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer, or database connected to the Website. Any attempt to do would be a criminal offense.
Lastly, BPB reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BPB Publications LTD ON AN “AS IS” AND “AS AVAILABLE” BASIS. BPB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU RECOGNIZE THAT THE TRAFFIC OF DATA THROUGH THE INTERNET MAY CAUSE DELAYS DURING YOUR USE OF OR ACCESS TO THE SITE, AND ACCORDINGLY, YOU AGREE NOT TO HOLD US LIABLE FOR DELAYS THAT ARE ORDINARY IN THE COURSE OF INTERNET USE. YOU FURTHER ACKNOWLEDGE AND ACCEPT THAT THE SITE MAY NOT BE AVAILABLE ON A CONTINUAL 24-HOUR BASIS DUE TO SUCH DELAYS, DELAYS CAUSED BY OUR UPGRADING, MODIFICATION, OR STANDARD MAINTENANCE OF THE SITE, OR ANY OTHER DELAYS OUTSIDE OF OUR CONTROL.
YOU EXPLICITLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BPB Publications DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BPB Publications DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM BPB Publications ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BPB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Modifications
BPB reserves the right to make changes to this site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Termination
(a) BPB may immediately suspend or terminate your access to the Site without notice if any breach of these Terms and Conditions of use by you is brought to our attention.
(b) If you breach these Terms and Conditions and we take no action, we will not have waived any of our rights and may still use any rights and remedies that were open to us when you broke them.
(c) Furthermore, your registration may be terminated and your profile and any content or information that you have posted on the Site may be deleted at any time. We may prohibit you from using or accessing the Site for any reason, at any time in our sole discretion, with or without notice. These Terms and Conditions shall apply to any use of the Site.
General
(a) Non-Waiver. Failure by BPB to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right.
(b) Severability. If any provision of these Terms of Use is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.
(c) Applicable Law
- any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties,
iii. the United Nations Convention on Contracts for the International Sale of Goods, or other international laws. Should any dispute arise with regard to these Terms of Use, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms of Use.
(d) Dispute Resolution. Should any dispute arise with regard to these Terms of Use, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms of Use.
(e) Notice. Any notice which may be required to be given under these Terms of Use, will be given:
- by BPB to you via e-mail to the e-mail address you maintain within your account settings or by notifying you electronically by displaying the notice in the Site;
- by you to us in any commercially reasonable manner, including certified mail, return receipt requested, email, or any other customary means of communication at the applicable mailing address set forth below, as may be updated from time to time. Any notice given otherwise than in accordance with this Section will be deemed ineffective.
(f) All other feedback, comments, requests for technical support, or other communications relating to the Site should be directed to the BPB support team by emailing business@bpbonline.com
(g) No Agency. Nothing in these Terms of Use will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither BPB nor any other party to these Terms of Use has, or may hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other, except as provided for herein or authorized in writing by the party to be bound.
(h) Assignment. We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms of Use. You may not assign or otherwise transfer your rights, obligations, or duties under these Terms of Use, in whole or in part, without our prior written consent, in our sole discretion. Any attempted transfer or assignment of these Terms of Use without the prior written consent of BPB will be null and void ab initio. These Terms of Use will be binding upon and will inure to the benefit of the permitted successors and assigns of each party to these Terms of Use.
(i) Miscellaneous. These Terms of Use, our Privacy Policy, the Mobile Terms, together with each Sales Order, and/or the Professional Services Terms, as applicable, constitute the sole and entire agreement between you and BPB with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site. The section titles used herein are displayed for convenience only and have no legal effect. Nothing in these Terms of Use confers any third-party beneficiary rights or remedies. The inclusion of your purchase order number on any Sales Order, invoice, or other BPB-provided document is for reference purposes only and is not an acceptance by BPB of your terms or conditions contained therein or elsewhere. The terms on any such purchase order or similar document submitted by you to BPB will have no effect and are hereby rejected. If any dispute should arise between the parties hereto regarding the terms or subject matter of these Terms of Use or the enforcement or breach of such terms, then the party prevailing in such dispute, whether by out-of-court settlement or final judicial determination, will be entitled to recover from the non-prevailing party all costs and expenses of such dispute incurred by such prevailing party, including without limitation reasonable legal fees.
[END OF TERMS OF USE]
