Terms of Service

Last updated: August 6, 2018

These Terms and Conditions (the “Terms”), in combination with our Privacy Policy, and, if applicable, Data Processing Addendum (“DPA”) are the complete Agreement between Salad Days B.V. and its affiliates (“Booqable”, “Salad Days” or “We”) and You (“You” or the “User”). These Terms govern Your use of the booqable.com website (the “Site”), the Booqable web application and/or the Booqable services (collectively, the “Service”). You may not access or use the Service unless you agree to abide by all of the terms and conditions in this Agreement.

You can review the current version of the Terms of Service at any time at https://booqable.com/agreement. We reserve the right to update these Terms from time to time without notice. So, please check the Terms periodically.


SECTION 1

Account Terms

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

  2. To access and use the Service, You must register for a Booqable account (“Account”) by providing your full name and a valid email address.

  3. 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.

  4. 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.

  5. Booqable may cancel your Account, for any reason, including a breach or violation of any term in the Terms of Service, our Privacy Policy, or, if applicable, our DPA.

  6. You acknowledge and agree that Booqable may send You e-mails related to your account and/or the Service.

  7. You are responsible for keeping Your password secure.

  8. You are solely and strictly liable for any activity and content (“Materials”) on or in connection with your Account.

  9. You agree not to access, or attempt to access, other User’s accounts and/or data.

  10. You agree that We can use your company name and/or logo in our advertising unless and until You tell us in writing not to.

SECTION 2

General Conditions

Before You may register a Booqable account, You must read, agree with and accept all of the terms and conditions contained in our Terms of Service, our Privacy Policy, and, if applicable, our DPA.

  1. You agree that all disputes related in any way to or arising from Your use of the Service shall be governed, without respect to conflict of law principles, by Dutch law.

  2. You acknowledge and agree that Booqable may update the Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Site, available at https://booqable.com/agreement and such amendments to the Terms of Service are in effect as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted to the Site constitutes your agreement to, and acceptance of, the amended Terms of Service. If You do not agree to any changes to the Terms of Service, please do not continue to use the Service.

  3. You may not use the Booqable service for any unauthorized or illegal purpose nor may You, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), or the laws applicable to You in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Service.

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

  5. You shall not acquire pay per click keywords or domain names that use Booqable or Booqable trademarks and/or variations and misspellings thereof.

  6. You shall not collect or store credit card information or other forms of online payments through means other than the payment processors that are provided with the Service.

  7. You understand that your Materials (except credit card information collected through the provided payment processors), 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.

  8. 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 https://booqable.com/privacy-policy.

SECTION 3

Booqable Rights

  1. We have the right to change or discontinue the Service for any reason, without notice at any time.

  2. We have the right to deny service to anyone for any reason at any time.

  3. We may, but have no obligation to, delete Materials and suspend or terminate Accounts if We decide in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

  4. Spoken or written abuse of any kind (including threats of abuse or retribution) of any Booqable customer or Booqable employee will result in immediate Account termination.

  5. Booqable does not pre-screen Materials and it is in our sole discretion to reject or delete any Materials from the Service.

  6. We have the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You also acknowledge and agree that Booqable employees and contractors may also be Booqable customers 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 concerning Account ownership, we have the right to request documentation to determine or verify Account ownership. Documentation may include, but is not limited to, a government-issued photo ID, a scanned copy of your business license, the last four digits of the credit card on file, etc.

  8. Booqable preserves 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, We have the right to temporarily suspend an Account until resolution has been determined between the disputing parties.

SECTION 4

Limitation of Liability

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

  2. In no circumstance shall Booqable or our suppliers be accountable for lost profits or any incidental, consequential or special damages arising out of or in connection with our Site, our Service or these Terms of Service (however arising including neglect). You further agree to defend, indemnify and hold harmless Booqable and (as applicable) our affiliates, Booqable partners, parent, subsidiaries, directors, officers, agents, suppliers and employees from any demand or claim, including without limitation attorneys’ fees and costs, made by any third party due to or arising out of your breach of these Terms of Service or the documents it includes by reference (including the AUP), or your violation of any law or the rights of a third party.

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

  4. We try to keep the service bug-free and safe, but Booqable does not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

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

  6. Booqable does not guarantee that the quality of any products, services, information, or other Materials purchased or obtained by You through the Service will meet your expectations, or that any faults in the Service will be mended.

SECTION 5

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 and the documents it incorporates by reference form the entire agreement between You and Booqable and govern your use of the Service, replacing any previous agreements between You and Booqable (including, but not limited to, any earlier versions of the Terms of Service).

SECTION 6

Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the Materials You provide to the Booqable service. All Materials You upload remain yours. You can remove your Booqable store at any time by disabling the Store add-on from your Account.

  2. By uploading Materials, You agree: (a) to allow other internet users to view the Materials You post publicly to your store; (b) to allow Booqable to store, and in the case of Materials You post publicly, display, your Materials; and (c) that Booqable can, at any time, review all the Materials submitted to its Service, although Booqable is not obligated to do so.

  3. You retain ownership over all Materials that You upload to a Booqable store; however, You agree to allow others to view Materials that You post publicly to your store. You are responsible for compliance of the Materials with any applicable regulations or laws.

  4. We will not reveal your confidential information to third parties, except as required in the course of providing our services. Confidential information comprises of 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 7

Payment of Fees

Booqable offers multiple subscription plans to its Service (each, a “Plan”).
To view the specific details of your Plan, including pricing information and the next billing date, login to your Booqable administration console and go to the Account page or contact us at support@booqable.com.

  1. You will pay the Fees applicable to your subscription to the Booqable Service (“Fees”).

  2. The fees for your Plan are billed in advance of each billing cycle.

  3. If You upgrade your Plan level, You will immediately be charged for the increased price of the upgraded Plan, pro-rated to reflect the remaining duration of your subscription period, and You will be charged the full amount of the then-current rate for the new Plan, as provided at https://booqable.com/pricing, beginning with your next billing cycle.

  4. At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless You provide Booqable with email notice (sent to support@booqable.com) of your intent not to renew your Plan at least thirty (30) days prior to the end of the then-current subscription period.

  5. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Booqable will charge applicable Fees to the credit card account that You authorize (“Authorized Card”), and Booqable will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Service is terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

  6. Fees will appear on an invoice, which will be sent to the Account Owner via the email address 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 of Subscription Fees.

  7. If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 1 day later. If the second attempt is not successful, we will make a third attempt 5 days following the second attempt. If the third attempt is not successful, we will make a final attempt 7 days following the third attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, Booqable reserves the right to terminate your Account.

  8. All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.

  9. Booqable does not provide refunds.

SECTION 8

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. Upon termination of the Service by either party for any reason:
    • Booqable will cease providing You with the Service and You will no longer be able to access your Account;
    • unless otherwise provided in the Terms of Service, You will not be entitled to any refunds of any Fees, pro rata or otherwise; any outstanding balance owed to Booqable for your use of the Service through the effective date of such termination will immediately become due and payable in full.
    • We reserve the right to modify or terminate the Booqable Service or your Account for any reason, without notice at any time.
  3. 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 and/or Service.

SECTION 9

Modifications to the Service and Prices

  1. Prices for using the Service 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 (https://booqable.com) or the administration console of your Booqable Account via an announcement.

  2. Booqable reserves the right at any time, and from 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 10

Third Party Services

  1. In addition to these Terms of Service, You also agree to be bound by the additional service-specific terms applicable to services You purchase from, or that are provided by, Booqable’s partners or other third parties.

  2. Booqable may from time to time recommend, provide You with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between You and the applicable third party services provider (“Third Party Provider”). Any use by You of Third Party Services offered through the Service or Booqable’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

  3. We do not provide any warranties with respect to Third Party Services. You acknowledge that Booqable has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Booqable’s websites, or the integration or enabling of such Third Party Services with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Booqable. Booqable does not guarantee the availability of Third Party Services and You acknowledge that Booqable may disable access to any Third Party Services at any time in its sole discretion and without notice to You. Booqable is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Booqable strongly recommends that You seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.

  4. If You install or enable a Third Party Service for use with the Service, You grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Service, and any exchange of data or other interaction between You and the Third Party Provider is solely between You and such Third Party Provider. Booqable is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages You may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

  5. Under no circumstances shall Booqable be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Booqable has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Booqable partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

SECTION 11

DMCA Notice and Takedown Procedure

Booqable supports the protection of intellectual property and asks Booqable users to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our users is infringing their intellectual property rights, they can send us a DMCA Notice by emailing support@booqable.com. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the user can reply with a counter notification by emailing support@booqable.com if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the user from engaging in the infringing activity, otherwise we restore the material.

SECTION 12

Privacy & Data Protection

Booqable is committed to protecting the privacy of your personal information and that of your customers. By using the Service, You acknowledge and agree that Booqable’s collection, usage and disclosure of this personal information is governed by our Privacy Policy. Additionally, if: (a) You are established in the European Economic Area (EEA); (b) You provide goods or services to customers in the EEA; or (c) You are otherwise subject to the requirements of the EU General Data Protection Regulation, Booqable’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.


Users with questions about this Agreement, the DPA or the Privacy Policy may contact Booqable at support@booqable.com or Zamenhofstraat 108 unit 302 1022 AG Amsterdam.