This document sets out the Terms and Conditions (“Terms”) on which Made in Me Ltd. (Registration No. 07569907) having its registered office at Unit 10, 1 Luke Street, London, EC2A 4PX, United Kingdom (“We”, “Us” Or “Our”) provides you (“You” Or “Your”) with access to the ‘Booki’ app. Please read these terms very carefully. You acknowledge and agree that by clicking on “I Accept” when prompted in the Booki app, you signify that you have read, understood, and agree to be bound by these terms. If you do not accept these terms, you will not be able to use the Booki app. You are advised to print and retain a copy of these terms for your future reference.
“App” means the object code form of the Booki mobile application(s), available for download through the Apple, Windows, Google Play and Amazon app stores.“Free Content” means the e-books available in the App free of charge.“Paid-for Content” means the e-books available in the App for which you are required to pay to download. “Service” means the App, and use of the Service means use of the App.
2. Information about Booki
2.1 The Booki App is owned and managed by Made in Me Ltd. (“Booki”). All information supplied through the Service is managed by Made in Me Ltd.
2.2 Made in Me Ltd. can be contacted by writing to Made in Me, Unit 10, 1 Luke Street, London, EC2A 4PX, United Kingdom
2.3 By using the Service, you warrant that:
2.3.1 you are legally capable of entering into binding contracts; and
2.3.2 you are 18 years old or above.
3. Use of the Service
3.1 Subject to these Terms, we hereby grant to you a non-exclusive, non-transferable, terminable licence to download, install and use the App on your mobile device. This licence is in respect of your use of the Service for your own personal, non-commercial purposes only.
3.2 Except as expressly permitted in these Terms, you shall not, and shall not permit others to (i) modify, translate, create derivative copies of or copy the App, in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the App to source code form; (iii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the App or your right to use the App; (iv) remove or modify any copyright, trademark, or other proprietary notices belonging to us or our licensors contained within the App; or (v) use the App in any manner not expressly authorised by these Terms.
3.3 We will use our reasonable endeavours to make the Service available to you at all times, but we cannot guarantee that the Service will be uninterrupted or fault free.
3.4 We reserve the right to make changes to the Service or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the Service.
3.5 Without prejudice to our other rights and remedies, we reserve the right to temporarily or permanently suspend or disable your access to the Service at any time without notice to you in the event you breach any of the provisions herein.
3.6 In the event that we, in our sole discretion, consider that you are making any illegal and/or unauthorised use of the Service, and/or your use of the Service is in breach of these Terms, we reserve the right to take any action that we deem necessary, including terminating without notice your use of the Service and, in the case of illegal use, instigating legal proceedings.\
4. Content within the App and Registration
4.1 Use of the App is provided free of charge.
4.2 You may access additional Free Content by registering with us and setting up an account. By registering with us, you consent to us conducting verification and security procedures in respect of the information provided by you during the registration process.
4.3 Where you register with us, you hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information provided.
4.4 You shall keep any login details and/or password confidential and secure. Without prejudice to our rights and remedies, we reserve the right to promptly disable your login details and suspend access to the App in the event we have any reason to believe that you have breached any of the provisions set out herein.
4.5 You may purchase Paid-for Content, by pressing the relevant icon in the App. To proceed with the download, you will need to indicate your intention to proceed by pressing ‘Confirm in-app purchase’.
4.6 You acknowledge and agree that, by pressing ‘Confirm in-app purchase’:
4.6.1 the content will be downloaded to your mobile device; and
4.6.2 the price indicated for the particular download shall be deducted from your account with the app store from which you downloaded the App.
5. Use of the App
5.1 Where you access the Services through an App, you acknowledge and agree that:
5.1.1 Booki is in no way linked, connected or affiliated with Apple, Amazon, Google Play, Windows or Android;
5.1.2 access to and use of the Service may be limited by your network carrier and will be limited if you are attempting to access the App from outside the United Kingdom;
5.1.3 You acknowledge you will not be able to access and use certain functionalities of the App unless you have internet access through a GPRS, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the App are subject to your agreed terms with your mobile network provider.
5.1.4 neither your airtime provider nor any app store or kiosk or kiosk operator (including but not limited to GooglePlay App Store, Apple AppStore, Amazon and Windows Phone Marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, support or performance or non-performance of the App;
5.1.5 your airtime provider and any App kiosk or kiosk operator (including but not limited to GooglePlay App Store, Apple AppStore, Amazon and Windows Phone Marketplace) are third party beneficiaries in respect of this clause 5.1 and accordingly have the right to enforce the provisions of this clause 5.1;
5.1.6 Booki is solely responsible for providing any support and maintenance in respect of the App; and
5.1.7 you will comply with any applicable third party terms and conditions in your use of the App.
5.2 Further, where you access the Services via an App obtained from the Apple ‘AppStore’, you acknowledge and agree that:
5.2.1 you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country;
5.2.2 you are not listed on any US Government list of prohibited or restricted parties;
5.2.3 these Terms are concluded between you and Booki and accordingly Apple is not a party to these Terms;
5.2.4 Apple has no obligation to provide any maintenance and support services in respect of the App;
5.2.5 if the App fails to conform to any warranty herein, you may notify Apple following which Apple will refund you the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
5.2.6 Apple has no responsibility to address any claims by you or any third party whatsoever with respect to the App;
5.2.7 Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
5.2.8 ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.
5.3 Further, where you access the Services via an App obtained from the Windows Phone Marketplace, you acknowledge and agree that you may install and use one copy of the App on up a maximum of five mobile devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Phone Marketplace account. You may not install or use a copy of the App on a device you do not own or control.
6. Your Obligations
6.1 You shall, at all times:
6.1.1 comply with all applicable laws, regulations, directives and legislations in your use of the Service;
6.1.2 comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your use of the Service;
6.1.3 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Service;
6.1.4 not use the Service and/or any knowledge, information, know-how and/or expertise derived from using the Service to commit any criminal act;
6.1.5 not use the Service and/or not do anything that shall or be reasonably deemed to infringe any intellectual property rights or other rights of any third parties;
6.1.6 ensure your mobile device:
18.104.22.168 complies with the minimum specifications required by the app store or kiosk from which you downloaded the App, for your mobile device to install and use all features of the App; and
22.214.171.124 contains adequate anti-virus protection;and you acknowledge that we will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your mobile device due to your use of the App.
7. Term and Termination
7.1 These Terms will remain in full force and effect while you use the Service.
7.2 We may, at any time and for any reason, terminate these Terms with you and deny you access to the Service. In the event of termination of these Terms for any reason, you must not attempt to use the Service.
7.3 Sections 3.2, 3.3 and 4 to 11 inclusive shall survive termination of these Terms for any reason, and shall be valid and enforceable against you.
8. Intellectual Property
8.1 Other than in relation to any links to third party websites, we own or have a licence to use all right, title and interest in and to the App, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the App or the content contained therein to you. All rights in and to the App or content not expressly granted to you are reserved by us.
8.2 You are granted a non-transferable, non-exclusive, royalty-free, revocable licence to view the content for your personal use only.
8.3 You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by us, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us, without first obtaining our written permission.
9.1 Any content, information or material provided to you as part of the Service is provided on an ‘as is’ basis for your convenience only. Such content, information and material does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. To the maximum extent permitted by law, we expressly exclude all representations, warranties, obligations and liabilities in connection with the Service, and any content, information or materials provided therein.
9.2 We provide the App and the content therein for your enjoyment. However, we make no warranties and assume no responsibility for any of the Free Content or Paid-for Content, the quality or content of the same. Where you access any of the Free Content or Paid-for Content, you do so entirely at your own risk.
9.3 Links to third party websites and companies may appear on the App. We accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not necessarily endorse the views expressed within them.
10.1 Use of the App is provided free of charge.
10.2 Subject to clauses 9.3 and 9.4, our maximum aggregate liability under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise shall not exceed the lower of £50 or the total paid by you for Paid-for Content in the 12 months preceding any such claim.
10.3 We shall not be responsible for any:
10.3.1 losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by you and could not have been reasonably foreseeable by you or us on entering these Terms; or
10.3.2 loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings.
10.4 We accept and do not limit our liability to you for the following categories:
10.4.1 death or personal injury;
10.4.2 negligent misrepresentation, fraud or fraudulent misrepresentation;
10.4.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
11. Data Protection and Privacy
11.1 We are committed to protecting (i) your privacy; and (ii) the confidentiality of the information provided by you using the App. For the purposes of the Data Protection Act 1988, the data controller is Made in Me Ltd. Unit 10, 1 Luke Street, London, EC2A 4PX, United Kingdom.
11.2 Where you provide any personal information through the App, for example where you register and set up an account, we shall use that information for the following purposes:11.2.1 to assist in providing you with the Service;
11.2.2 to inform you about changes to the Service; and
11.2.3 to inform you about additional content and features of the App.
11.3 Where we contact you in relation to any of the purposes in clause 11.2, we will only do so by email. If you do not want us to do so, you can opt out at any time either by clicking on the ‘Opt out’ link in any email from us or by changing your preferences in the ‘My Account’ section of the App.
11.4 We may disclose your personal information to third parties:
11.4.1 in the event that we sell or buy any business or assets or Made in Me Ltd. is acquired by a third party; or
11.4.2 if we are required to do so in order to comply with any legal obligation, or in order to enforce these Terms.
11.5 All information you provide to us is stored on our secure servers. These servers may be located outside the European Economic Area (\"EEA\"), and accordingly your data may be transferred and stored outside the EEA. By submitting your personal data, you agree to this transfer and/or storing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with data protection principles. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
12.1 You may print and keep a copy of these Terms, which form the entire agreement between you and us and supersede any other communications or advertising with respect to the Service.
12.2 These Terms may only be modified with our prior written consent. We may alter or amend these Terms at any time, with immediate effect and without notice. By continuing to use the Service after such alteration, you will be deemed to have accepted any amendment to these Terms.
12.3 These Terms and their performance shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the courts of England.
12.4 You shall comply with all foreign and local laws and regulations which apply to your use of the App in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
12.5 You agree that because of the unique nature of the App, and our proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm us and monetary damages would be inadequate compensation. Therefore, you agree that we shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
12.6 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
12.7 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
12.8 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
12.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms against us.
12.10 If you feel that any materials appearing on the App are offensive, objectionable or potentially defamatory please contact us providing full details of the nature of your complaint and the materials to which the complaint relates.
If you have any questions or concerns regarding these terms please don't hesitate to contact us by clicking here.