terms and conditions

updated 5.8.2019

 

  1. Introduction of bookcore

BookCore s.r.o. is a company with its registered office at Neklanova 150/38, Vyšehrad, 128 00 Prague 2, Czech Republic, identification number 057 93 793, registered in the Commercial Register maintained by the Municipal Court in Prague under file No. C 269961 (the Company or we) providing services via website https://bookcore.net (BOOKCORE Platform). BOOKCORE Platform is an analytical application for business customers such as authors, publishers, literary agents, editors and book retailers in a field of sales tracking of their book products (including also e-books and audio books) and provision of analysis regarding the respective sales on internet platforms and e-shops (the Services).

  1. application of terms and conditions
    • These terms and conditions (the Terms) apply to any visitor and/or other person (the Visitor or you) and user (the Client or you) who access to and/or use BOOKCORE Platform. The Visitor´s access to and the Client´s use of BOOKCORE Platform is conditioned on their acceptance of and compliance with these Terms. These Terms are also applicable on the contractual relationship regarding the provision of our Services to the Client.
    • By accessing or using BOOKCORE Platform the Visitor and/or the Client agree to be bound by these Terms. If the Visitor or the Client disagrees with any part of the Terms they may not use BOOKCORE Platform.
    • These Terms take precedence over the provisions of the legislation from which they may depart from.
  2. Intellectual property rights
    • The Company reserves all rights to its intellectual property rights published and/or provided through BOOKCORE Platform.
    • A database created by us is deemed as a database under Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act), as amended, and under which is the database protected.
    • The Visitor and/or the Client may not use, copy and/or share any part of the Company´s intellectual property without previous written consent of the Company.
    • By using our Services, the Visitor and/or the Client hereby agree that data regarding books and book sales provided by them to the Company can be used by the Company with no restrictions.
  3. OBLIGATIONS

You agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court or administrative or similar body;
  • sell any other way our outputs of the Services to anyone;
  • make accessible, make public, transfer or hand over in any other way our outputs of the Services or any other outputs even if provided gratuitously to anyone unless you refer to the source by displaying our logo and referring to our website;
  • attempt to gain unauthorized access to any part of the Services or to any our computer system or network;
  • infringe the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage any part of the Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic e-mail address information or similar methods or technology;
  • use scripts, bots, spiders, or other automated mechanisms to collect information or otherwise interact with the Services without the Company’s previous express written permission;
  • claim that the Company is endorsing or supporting your business, product or service without prior written approval by us.
  1. REGISTRATION TO BookCore Account
    • To be provided with the Services you have to register your BOOKCORE Account (as defined below) at https://bookcore.net (the Registration).
    • For the completion of the Registration you have to fill in the following information:
      • company name or business name;
      • identification or registration number and country (information under (i) and (ii) may be required later in the process of the Registration);
      • valid contact e-mail address; and
      • a password.
    • You undertake to provide accurate, complete and updated information while making the Registration.
    • The Registration is completed by your confirmation through activation link delivered to the filled e-mail address. You become the Client after the completion of the Registration.
    • By confirmation of the Registration, you represent that:
      • you are at least 18 years old with a full legal capacity; and
      • in case you act on behalf of a business corporation or entity, that you are duly authorised to do so.
    • After the Registration, you have the access to your BOOKCORE account (BOOKCORE Account). You must keep BOOKCORE Account credentials confidential and may not share BOOKCORE Account credentials with anyone. You must notify the Company immediately upon acknowledging any unauthorised access to their BOOKCORE Account or any other breach or possible breach of security.
    • The Company reserves the right to refuse or cancel your Registration (or cancel a BOOKCORE Account) for any reason and in its sole discretion. If your Registration is refused or cancelled or if your BOOKCORE Account is cancelled, your access to the BOOKCORE Account will be blocked.
    • You acknowledge that the BOOKCORE Account can be inaccessible for a limited period of time due to the necessary hardware and/or software maintenance of the server or in cases of temporary server shutdown.
  2. SHOP Accounts
    • To be provided with the Services you have to add your shop accounts from selected retailer platforms (the Shop Accounts) to the BOOKCORE Account. Adding the Shop Accounts is made by different means with respect to each particular sale platform and its conditions and settings.
    • All provided passwords are stored with maximum security and credentials and other sensitive information provided to the Company are encrypted.
    • We use access to the Shop Accounts only to download relevant data or for testing purposes to due provision of the Services.
  3. Providing the Services
    • Based on the contractual relationship stated above, we undertake to provide you with the Services and you undertake to pay us a fee for the provided Services.
    • At our sole discretion, we can provide parts of the Services gratuitously to any Visitor of the Platform.
    • We download all available data regarding offered books through the Shop Accounts including sales, reviews, genres, full setup, content of the books and other data. We download data from public sources on the internet and combine it with data on the Shop Accounts and information about offered books or other information that you manually input in the BOOKCORE Account.
    • Based on the gained data, we provide analyses of the sales of requested books and make statistics, overviews, analyse reviews and related information to the Client.
    • If the Client agrees with the advanced administration in the BOOKCORE Account, we can make some changes (mostly technical changes) in relation with the Client´s books sale on the sales platforms through Shop Accounts (e. g., change of a book genre, change of a book description etc.).
  4. Payment conditions
    • Payments by Clients to the Company for providing the Services are made through Paypal internet platform on the basis of regular payments or a single payment upon issuing an invoice to the Client by the Company. In the event that the Client´s residence is in the Czech Republic, payments by such Clients can be also made through bank transfers.
    • The Services are provided after the particular payment is made in full and duly credited to the Company´s Paypal account or the Company´s bank account if applicable.
    • The amount of regular payment is subject to a price list (see https://bookcore.net) unless otherwise agreed between the Client and the Company.
    • Besides the Services provided on the basis of regular payments, special services can be provided by the Company. The amount of payment for such special services is subject to the price list or an individual agreement between the Client and the Company.
    • The amount of both regular and other payments can be changed by the Company. Such change will be announced to the Client via e-mail registered at the BOOKCORE Account 30 days before the price change at the latest. The price change is effective from the determined date by the Company; however, it is solely on the Client´s will whether they wish to continue in the contractual relationship or whether they want to terminate the contract effectively as of the date of the price change. If the Client terminates the contract on the basis of the price increase, the Services will be provided to the Client for a period of time already paid by the Client and the provision of the Services will be terminated on the last day of such period.
  5. Termination of the contract and withdrawal from the contract
    • The contractual relationship between the Company and the Client expires when the paid period of providing Services lapses and such period is not extended by another payment by the Client according to the conditions stated above.
    • Termination of the contractual relationship stated in Articles 8.(e) and 9.(a) does not affect the provision of parts of the Services that are provided gratuitously as these parts of the Services are provided to the Client irrespective of whether the contractual relationship between the Company and the Client is terminated or not.
    • Any termination of the contractual relationship between the Client and the Company does not affect the right of the Company to use data acquired by the Company (except for personal data) during the contractual relationship.
  6. complaints and technical issues
    • In case there is a technical issue or the Client has a complaint regarding any part of the Services, the Client must notify the Company about such issue or complaint and the Company will consequently investigate circumstances of described problem and inform the Client about the result of it and about the steps the Company will take.
    • The Client may notify the Company:
      • through e-mail address: support@bookcore.net; or
      • by filling the complaint form at: app.bookcore.net (send feedback button).
  1. promotional license

The Client thereby grants us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use their user name, company name, company logo, and any comments they make publicly or privately for promotional purposes (such as on our websites, or on a third-party site) concerning their use of the Services in our communications materials (website, presentations, etc.) exclusively for our marketing purposes.

  1. Limitation of liability
    • The Company does not take any responsibility for any kind of failure and/or incorrect and/or outdated content occurred at the third parties website and/or platforms. Simultaneously, the Company does not take any responsibility for inability to connect to sales platforms and download data from them as a result of change of accessing way to them by the third parties.
    • The Company does not take any responsibility for contradictions between outputs of the Services and actuality arisen from incorrect or wrong source data.
    • The Company is not obliged and does not ensure to increase the Client´s sales.
    • The Visitor and/or the Client thereby take into account that a provision of the Services is solely informative and the Company does not take any responsibility for providing inaccurate information.
    • All Clients thereby waive their potential future rights to damages that can arise from their contractual relationship between them and the Company.
  2. indemnity

You agree to indemnify the Company from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your violation of these Terms.

  1. Final provisions
    • The Company is authorised to change these Terms or add provisions to it, where the Company informs Clients in the period of at least 14 days in advance about such alteration through a publication of alterations on the internet websites of the Company with stating the date of effectiveness of marked alteration. By the entry into effect of the new Terms, the previous Terms lose their validity.
    • This Terms and any other non-contractual obligation arisen from this Terms or in relation to it are governed by the laws of the Czech Republic and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of the Czech Republic.
    • Where these Terms apply to the Visitor, the Terms simultaneously apply to the Client.
    • No rights and/or obligation of the Client or the Company will not be inferred from practice between them or conventions maintained in a field of the Client and/or the Company.
    • The Visitor and the Client take into account that the Company process their personal data for purpose of providing the Services under the applicable laws related to processing and protection of personal data, especially (but not limited to) under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and Act No. 110/2019 Coll., on Processing of Personal Data and any judicial and/or administrative interpretation of laws related to processing and protection of personal data, any guidelines, codes of behaviour and/or approved mechanisms for issuing a certificate issued by The Office for Personal Data Protection. Further details regarding processing of personal data of the Visitor and the Client by the Company can be found at: https://bookcore.net/privacy+policy.
    • The Client undertakes to maintain their personal data on their profile updated and accurate and in case their personal data relevant for providing the Services and related billing is changed, they must notify the Company about the change without undue delay by changing it through the BOOKCORE Account.
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