Agreement

SECTION 1

Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

  2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.

  3. You acknowledge that Booqable will use the email address you provide as the primary method for communication.

  4. You are responsible for keeping your password secure. Booqable cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

  5. You are responsible for all activity and content such as data, prices and information that is distributed through your Booqable account (“Booqable Content”). You must not transmit any worms or viruses or any code of a destructive nature.

  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Booqable will result in an immediate termination of your services.

SECTION 2

Account Activation

  1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

SECTION 3

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Booqable.

  1. Technical support is only provided to paying account holders and is only available via email.

  2. You may not use the Booqable service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of The Netherlands.

  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Booqable.

  4. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Booqable or Booqable trademarks and/or variations and misspellings thereof

  5. Questions about the Terms of Service should be sent to info@booqable.com.

  6. You understand that your Account Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

  7. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Booqable, is governed by its privacy policy at http://www.booqable.com/privacy-policy

SECTION 4

Booqable Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

  2. We reserve the right to refuse service to anyone for any reason at any time.

  3. We may, but have no obligation to, remove Account Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Booqable customer, Booqable employee, member, or officer will result in immediate account termination.

  5. Booqable does not pre-screen Account Content or Companies and it is in their sole discretion to refuse or remove any Account Content that is available via the Service.

  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Booqable employees and contractors may also be Booqable customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

  7. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

  8. Booqable retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Booqable reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

SECTION 5

Limitation of Liability

  1. You expressly understand and agree that Booqable shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

  2. In no event shall Booqable or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Booqable partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.

  4. Booqable does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

  5. Booqable does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

  6. Booqable does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6

Waiver and Complete Agreement

The failure of Booqable to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Booqable and govern your use of the Service, superseding any prior agreements between you and Booqable (including, but not limited to, any prior versions of the Terms of Service).

SECTION 7

Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Content you provide to the Booqable service. All material you upload, and data you provide, remains yours. You can remove your Booqable Data and Content at any time by deleting your account. This will remove all Data and Content you have stored on the Service.

  2. By uploading or inputting Account Data or Content, you agree: (a) to allow this data being shared by anyone who has access to your company’s account; (b) to allow the data being sent to third parties by anyone who has access to your company’s account; and (c) that Booqable can, at any time, review all the Store Content submitted by you to its Service.

  3. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

SECTION 8

Payment of Fees

  1. A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.

  2. The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the account page of your Booqable administration console. Users have approximately two weeks to bring up and settle any issues with the billing.

  3. All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of The Netherlands , you are responsible for all applicable Taxes that arise from or as a result of your subscription to a Plan. These Taxes are based on the rates applicable to the Dutch billing address you provided to us. Such amounts are in addition to payment for the Plan and will be billed to your credit card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.

  4. If you are not a resident of The Netherlands and not subject to Dutch V.A.T. in respect of the service, you must provide us with a statement by email to accounting@Booqable.com that 1) you are not a resident of The Netherlands 2) you are not V.A.T. registered and 3) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in The Netherlands when the service is made. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes on the Plan which will be billed to your credit card until after such time that you provide us with the information described to us.

  5. To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in The Netherlands when the service is made, you must advise us immediately by email to the address provided above.

  6. Booqable does not provide refunds.

Which means,

For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. Tax is not included and will be billed to your credit card. If you’re exempt from Dutch taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.

SECTION 9

Cancellation and Termination

  1. You may cancel your account at anytime by emailing support@booqable.com and then following the specific instructions indicated to you in Booqable’s response.

  2. Once cancellation is confirmed, all of your Account Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.

  3. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.

  4. We reserve the right to modify or terminate the Booqable service for any reason, without notice at any time.

  5. Fraud: Without limiting any other remedies, Booqable may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

SECTION 10

Modifications to the Service and Prices

  1. Prices for using Booqable are subject to change upon 30 days notice from Booqable. Such notice may be provided at any time by posting the changes to the Booqable Site (Booqable.com) or the administration menu of your Booqable Account via an announcement.

  2. Booqable reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.

  3. Booqable shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 11

Optional Tools

  1. Booqable may provide you with access to third party tools over which Booqable neither monitors nor has any control or input.

  2. You acknowledge and agree that Booqable provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Booqable shall have no liability whatsoever arising from or relating to your use of optional third party tools.

  3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).

  4. Booqable strongly recommends that users seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates users should charge their customers.

Reselling

  1. The user is specifically forbidden to resell booqable, parts of booqable, or the booqable API to a third party. Doing so will result in immediate termination of all the accounts involved with loss of all data.