Terms & Conditions (WWW.BOOKSIM.COM)
Free Membership Agreement
Updated November, 2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! BY SIGNING THIS YOU WILL BE
ABIDE OUR TERMS AND CONDITIONS AS SET OUT BELOW:
the terms and conditions of the BOOKSIM.COM Free Membership Agreement between you (“Member”) and BOOKSIM.COM company
Under which WE offers you access to the Service through the web sites identified by the uniform resource locator WWW.BOOKSIM.COM and the related company
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE; I AGREE; BUTTON, YOU
ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, THE SITE’S TERMS OF
1.2 BOOKSIM.COM may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by booksim.com of the amended and restated agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms.
2.1 The Service will be offered free-of- charge and/or with charges for an unspecified time period unless terminated in accordance with the terms of this Agreement.
2.2 booksim.com may suspend or terminate all or part of the Member Benefits at any time in its sole discretion. Booksim.com reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion.
2.3 Benefits, features and functions available to a Member may vary for different countries and regions. No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.
2.4 booksim.com reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Booksim.com further reserves the right to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by booksim.com.
2.5 Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall booksim.com be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any Communications or transmission or delivery of all or any part thereof, or any damage arising from the use of or inability to use the Service.
3.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by booksim.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to booksim.com to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
3.2 Each Member hereby represents, warrants and agrees that the use by such Member of the Service and the Site shall not:
c)infringe or otherwise abet or encourage the infringement or violation of any third party copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;
i)contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
k)involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and
3.3 Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to (a) act as such Member & business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member& consent to be obtained before third parties may contact the business referees.
3.4 Each Member acknowledges and agrees that booksim.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Booksim.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
3.5 Each Member represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to booksim.com or authorizes booksim.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Member further represents, warrants and agrees that it has the right and authority to sell, distribute, publish, advertise or offer to sell or distribute the products described in the material or information it posts on the Site or provides to booksim.com or authorizes booksim.com to display.
3.7 The rights granted to the member to reformat, edit and amend their content on the Site are limited to a right to undertake only such reformatting, editing and amending as may be necessary or appropriate to configure their information
3.8 member may at any time remove, edit or refuse to publish, any content it deems to be; inappropriate; not in keeping with the spirit of this Agreement.
3.9 Supervise and control the use of the Site by the Customer’s employees and any other authorised third party in accordance with the terms of this Agreement and the terms and conditions of the Site as set out therein;
3.10 be solely responsible for the information placed on the Site, and shall use best endeavours to ensure that the information placed on the Site does not contain any errors or inaccuracies and is delivered in a timely manner
3.11 ensure that access to sign in is limited to its authorized personnel only and accepts that it is fully responsible for all and any access by any persons whatsoever;
3.12 If any Member breaches the representations, warranties and covenants or if booksim.com has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, or if upon complaint or claim from any other Member or third party, booksim.com has reasonable grounds to believe that such Member has wilfully or materially failed to perform its contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Member has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, or if booksim.com has reasonable grounds to believe that such Member has used a stolen credit card or other false or misleading information in any online transaction, booksim.com has the right to suspend or terminate the Service and all Member Benefits with respect to such Member without any compensation, forfeit any pending payment and restrict or refuse any and all current or future use of the Service or any other services that may be provided by booksim.com.
3.14 BOOKSIM.COM reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, WE may disclose the Member’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and booksim.com shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against booksim.com for such disclosure. In connection with any of the foregoing, we may suspend or terminate the Account of any Member as we deems appropriate in its sole discretion.
4.1 If you submit any material to this Website (including without limitation any text, graphics, pictures, video or audio) you agree thereby to grant booksim.com a non-exclusive, perpetual, royalty-free, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content.
4.2 if you do not wish to grant such rights to booksim.com you should not submit a contribution to the Website.
4.3 By submitting your contribution to the Website, you warrant that such contribution is your own original work and that you have the right to make it available to booksim.com for all the purposes specified above, that it is not defamatory or obscene, and does not infringe any law or regulatory provision or any person’s rights in any jurisdiction.
4.4 You accept that breach by you of these warranties may cause loss or damage to booksim.com you indemnify booksim.com) against all legal fees, damages and other expenses that may be incurred by booksim.com as a result of your breach of the above warranty. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.
4.5 booksim.com accepts no liability for any content submitted by third parties. Users of the Website accept that we may not pre-screen the content submitted by users, and we reserve the right to remove at any time and without giving reasons or notice any material you or other users have supplied.
5.1 Through the Sites, booksim.com provides an electronic web-based platform for exchanging information and concluding sale and purchase transactions of products and services online between buyers and suppliers.booksim.com reserves the right to limit certain features and functions of the platform to prescribed Members. Despite the provision of the platform through the Site, booksim.com does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Site. booksim.com does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
5.2 Members are hereby made aware that there may be risks of dealing with people acting
Under false pretences. booksim.com uses unique techniques to verify the accuracy of the information our users provide us when they register on the Sites. However, because user verification on the Internet is difficult, booksim.com cannot and does not confirm each free purported identity shown on the Sites and can only use reasonable efforts to verify the personal identity of the representative of a seller.
5.3 Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions. Such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Each Member agrees that booksim.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
5.4 Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
5.5 Member agrees to provide all information and materials as may be reasonably required by booksim.com in connection with its transactions made via the transactional platform on the Site. booksim.com has the right to suspend or terminate any Member’s Account if the Member fails to provide the required information and materials.
5.6 In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify booksim.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
5.7 Advertisements which do not comply with relevant legislation or the provisions of this Code of Conduct are not permitted and will be removed without compensation.
6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOKSIM.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
6.2 BOOKSIM.COM obtains the Content from a wide range of sources and the Content includes facts, views, opinions and information which may be of interest to users of the Website. While all reasonable care is taken, we do not warrant the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Website or any third party website linked from it is at your own risk.
6.3 BOOKSIM.COM shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of the Website or Content or products from any action taken, or omitted to be taken, as a result of using the Website or downloaded or Content or products.
6.4. BOOKSIM.COM does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination, or that the Website is compatible with any computer systems, software and browsers.
6.5 Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as on medical, investment, tax, financial, legal and other professional matters.
6.6 Advertising or promotional material submitted by third party advertisers, sponsors or promoters is viewable on the Website. The advertisers are solely responsible for that material, including ensuring that it complies with all applicable legislation and regulations. BOOKSIM.COM is not responsible for such material.
6.7 BOOKSIM.COM shall not be liable for any special, direct, indirect, punitive, incidental or Consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
a)the use or the inability to use the Service;
c)unauthorized access by third parties to data or private information of any Member;
d)statements or conduct of any user of the Site; or
7.1 All intellectual property rights, including copyright, in the content accessible (or available for download) on the Website, including text, pictures, graphics, video, audio material, software or any other form (“Content”) belong to BOOKSIM.COM or its licensors. All rights are hereby reserved.
7.2 BOOKSIM.COM is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide Copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with BOOKSIM.COM or its affiliates. All rights not otherwise claimed under this Agreement or by BOOKSIM.COM are hereby reserved.
7.3. BOOKSIM.COM related icons and logos are registered trademarks or trademarks or service marks of jobsatoz.com and related icons and logos are registered trademarks or trademarks or service marks of BOOKSIM.COM in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
7.4 BOOKSIM.COM reserves the right, in its absolute discretion, to remove any material or postings that are abusive, illegal, disruptive, and duplicative or that may create liability for BOOKSIM.COM or damage its reputation.
8.1 The Fees and commissions for the Services shall be as set out in the Online Agreement Form.
8.2 All fees and commissions are non-refundable should the Customer wish to cancel the Service.
8.3 Booksim.com reserve the right to claim, deduct any sales commissions and fees. It might be vary products, location basis. Current sales commission as set below unless stated otherwise by booksim. Booksim.com right to reserve to change, amend this fees and commission without any prior notice. If any products is not the below categories, the sales commission will be 10%.
We and third-party vendors, including Google, use first-party cookies and third-party cookies together to inform, optimise and serve ads based on users’ past visits to this website. We use data from Google’s and other sources Interest-based advertising or product listing or 3rd-party audience data (such as age, gender and interests) with Google Analytics to understand who our users are in order to create a better experience for them while visiting our website. We may use Remarketing with Google Analytics to advertise online.
10.1 BOOKSIM.COM may suspend or terminate all or part of the above Member Benefits at any time in its sole discretion. BOOKSIM.COM reserves the right to charge for the Service or any feature or functionality of the Service at any time in its sole discretion
10.2 if the other party enters into liquidation whether compulsory or voluntary (except for the purposes of bona fide reconstruction or amalgamation with the prior approval of the other party), or compounds with or makes any arrangements with its creditors or makes a general assignment for the benefit of its creditors, or if it has a receiver, manager, administrative receiver or administrator appointed over the whole or substantially the whole of its undertaking or assets, or if it ceases or threatens to cease to carry on its business, or if it suffers any analogous process under any foreign law.
11 . GENERAL
11.2 booksim.com and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
11.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision, shall be struck and the remaining provisions shall be enforced.
11.4 booksim.com;s failure to enforce any right or failure to act with respect to any breach by
a Member under this Agreement will not waive that right nor waive booksim.com,s right to act with respect with subsequent or similar breaches.
11.5 booksim.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of booksim.com). The Member may not assign, in whole or part, this Agreement to any person or entity.
11.6 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF Northern Ireland (UK) 1.1, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE NI COURTS. IF YOUR CONTRACT IS WITH BOOKSIM.COM’S FOREGIGN BRANCES, THEN THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF THE RELATED COUNTRY UNLES/OTHERWISE DECIDE BY THE BOOKSIM.COM.
11.7 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.