Book Grail Ltd (“BookGrail”,“We”,“Us”,“Our”) reserves the right to amend and update these Terms and Conditions (“Agreement”) at any time giving notice of when changed terms are posted on the BookGrail website (www.bookgrail.com) or in an email/newsletter.

Last updated on 22 June 2016.


Use of the BookGrail Website

WELCOME TO THE BOOK GRAIL LTD WEBSITE (“SITE”). PLEASE READ THESE TERMS, INCLUDING OUR PRIVACY AND COOKIES POLICY, CAREFULLY BEFORE USING THIS SITE. THIS SITE MAY BE USED FOR INFORMATIONAL PURPOSES ONLY. BY GIVING CONSENT AND USING THE SITE OR DOWNLOADING MATERIALS FROM THE SITE, YOU AGREE TO FOLLOW THE TERMS AND CONDITIONS (“TERMS OF USE”) SET FORTH IN THIS NOTICE. IF YOU DO NOT AGREE TO FOLLOW THESE TERMS AND CONDITIONS DO NOT GIVE CONSENT OR USE OR DOWNLOAD MATERIALS FROM THE SITE.

License

Subject to the terms and conditions set forth in this Agreement, BookGrail grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

BookGrail authorizes you to view and download the information (“Materials”) at Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:

  • you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
  • you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use or communicate them for any public or commercial purpose; and
  • you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, BookGrail does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation.

User Accounts

You might be required to open an account to be able to access certain restricted parts of the Site. In such event you must complete the registration process by providing us with complete and accurate information as stated in the applicable registration form. You will also be required to maintain a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under said account. You agree to notify BookGrail immediately of any unauthorized use of your account or any other breach of security. BookGrail will not be liable for any loss that you may incur as a result of someone else using your password or account.

User Warranties

You represent and warrant that you will use the Site in compliance with this Agreement including the laws and provisions under this Agreement and to comply with all existing and future Site policies and rules. You agree that you will not use the Site to:

  • transmit spam or unsolicited communications;
  • pretend to be BookGrail or someone else;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
  • misrepresent your affiliation with a person or entity;
  • act in a manner that negatively affects other users’ ability to use the Site;
  • copy eBooks on to file sharing networks or websites;
  • engage in activities that would violate any applicable law;
  • post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services;
  • collect or store personal data about other users unless specifically authorized by such users, or
  • not adhere to withdrawal of such authorization as described above.

If you do not comply with the aforesaid, you may not use the Site, BookGrail shall not be legally bound by this Agreement, and reserves all its legal rights in relation to such non-compliance.

If you violate the Terms of use, you are liable to pay compensation for damages caused to BookGrail and its affiliates as a consequence of your actions.

Changes

BookGrail reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted on the Site. Your continued use of the Site after any change to this Agreement are posted will be considered acceptance of those changes.

BookGrail may terminate, change, correct any errors or omissions in any portion of the Site, make any other changes to the Site, the materials and the products, programs, services or prices (if any) described in the Site, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. BookGrail may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. BookGrail may terminate the authorization, rights and license given above at any time and, upon such termination, you shall immediately destroy all Materials.

Acknowledgement of Intellectual Property Rights You acknowledge that all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs (whether registered or unregistered) in the Site are vested in BookGrail or its licensors. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in BookGrail shall inure to BookGrail.

Security

You may not: (a) use any device or software capable of interfering with the operation of the Site; or (b) take any action, which imposes a disproportionately large or unreasonable load upon the infrastructure of the Site (such as sending mass emails – “spamming”), or (c) interfere or tamper with the software of the Site or the functionality thereof. This includes putting material on the Site, which is infected with viruses, Trojan horses, time bombs or other elements that may damage or interfere with the programming structure of the Site.

Third Party Web Sites

BookGrail does not undertake to monitor or review Third Party Site Content nor is BookGrail responsible for the accuracy or reliability of any such third party web sites. Furthermore, BookGrail may provide on this Site links to Web Sites operated by other entities. If you use these Sites, you will leave this Site. If you visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. BookGrail makes no warranty or representation regarding any linked Web Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that BookGrail or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of BookGrail or any of its affiliates or subsidiaries.

Exclusion of Implied Warranties

Although care has been taken to ensure the accuracy of the information on this Site, BookGrail assumes no responsibility therefore. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. BookGrail DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. BookGrail EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. BookGrail DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. BookGrail DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY BookGrail ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE EXCLUDED EXCEPT TO THE EXTENT THAT LAW PROHIBITS THEIR EXCLUSION.

Limitation of liability

IN NO EVENT SHALL BookGrail BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF BookGrail HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL BookGrail BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS SITE.

Notices

All references to “writing”, “notices”, and “notification” and all similar ends related expressions shall cover electronic methods of communication (for instance, e-mail) provided that the party relying on the communication retains acceptable evidence that the communication was sent and received.

Governing Law

This Agreement is to be treated as made in England according to English Law and subject to the exclusive jurisdiction of the English Courts.


Use of eCommerce

THIS SECTION TELLS YOU THE TERMS AND CONDITIONS ON WHICH WE SUPPLY ANY OF THE PRODUCTS (THE “PRODUCTS”) LISTED ON OUR WEBSITE www.BookGrail.com (the “Site”) TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING ANY PRODUCTS FROM THE SITE. THESE TERMS AND CONDITIONS DO NOT AFFECT ANY OF YOUR STATUTORY RIGHTS. HOWEVER, IT IS IMPORTANT THAT YOU SHOULD UNDERSTAND THAT BY ORDERING ANY OF OUR PRODUCTS FROM THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY AND COOKIES POLICY. YOU SHOULD PRINT A COPY OF THESE TERMS AND CONDITIONS FOR FUTURE REFERENCE.

Information About Us

www.BookGrail.com is a site owned by Book Grail Ltd. (“We”). Book Grail Ltd is a company registered in England and Wales under company number 08577375 with its registered office at Cavendish Suite, The Saxon Centre, Christchurch, Dorset, BH23 1PZ, England. The main trading address is situated at 60 Kings Road, St Albans, Hertfordshire AL3 4TG, England. The VAT number for Book Grail Ltd is GB 166663381.

Access To The Site

For the terms relating to the use of the website (including our intellectual property and trademark rights) and our privacy policy please refer to www.BookGrail.com “Terms and Conditions”.

Your Status

By placing an order through this Site you warrant that:

  • you are legally capable of entering into binding contracts; and
  • you are at least 18 years old.

How The Contract Is Formed Between Us

A legally binding contract will be formed between us when you have confirmed to us that you wish to proceed with the purchase of one or more Products, We have confirmed to you that We will sell the Product(s) to you and We have received payment of the price and any additional monies.

When your order has been completed you will receive confirmation of the Product(s) ordered, your allocated order number, the price paid, and a link to download the Product(s). If you wish to amend any part of your order once it has been accepted and payment has been made then you will need to contact us by one of the following methods:

Email: sales[at]bookgrail[dot]com
Post: Book Grail Ltd
60 Kings Road
St Albans
Hertfordshire AL3 4TG
United Kingdom

We may decline to sell any Product to you for any reason. We are not obliged to tell you the reason for our decision.

Pricing And Availability

We will wherever possible list information on the Site and on each Product information page, relating to the availability of Products We sell on the Site. Except for the information We provide on a Product information page or elsewhere on the Site We cannot be more specific about Product availability.

As We process your order you will receive a prompt from us if the Product you wish to order is no longer available. We may offer you the opportunity to purchase a Product of at least equivalent specification and value to the one you have attempted to order. This will not happen if the Product you are trying to order is temporarily out of stock.

The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our order processing procedures so that, where a Product’s correct price is less than our stated price, We will charge you the lower amount and send you the Product. However, We are under no obligation to sell the Product to you at the incorrect lower price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as being incorrect. If the correct price of the Product is higher than the price stated on the Site We will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

Prices are liable to change at any time but changes will not affect orders in respect of which We have already sent you a confirmation of order.

Prices are inclusive of VAT and delivery.

Payment

We will not ask you for any payment until We have made sure that the order for the Product(s) you wish to purchase can be processed.

BookGrail uses Paypal to provide the highest level of security for payments processed through this store. We ensure your security by encrypting the connection when transmitting credit card information on the network, and by safeguarding your financial data throughout the ordering and payment process.

Please note that if the security department suspects fraud, We have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the checkout process.

Orders from the BookGrail online store may be paid using credit card, debit card or PayPal. We do not store credit card details.

If you have any questions or concerns about this method of payment please contact us as detailed above.

Payment and Orders Security

Your order details are normally sent to us across a secure connection that uses a 128 bit certificate. This means that the information is encrypted and cannot be read by anyone other than ourselves. You can see that the pages are secure because the address in the address bar changes from being http:// to https://. You will also see a padlock symbol or key in the bottom bar of your browser.

Delivery

Once you have purchased Product(s) from BookGrail, you will be provided with a link via email or from Your Account page where you can download them or have them sent to your Kindle device. In order to re-download, go to your Order History in Your Account and follow the instructions.

Cancellation, Returns and Refunds

Products you purchase from BookGrail are eligible for return and refund if they have not yet been downloaded or accessed if We receive your request within 14 days of the date of purchase. If you wish to cancel your order you must give us clear written instructions that you wish to cancel your order either by email or by writing to the address stated above. We will refund to the card with which you made payment the amount of the price you have paid for the Product(s) together with any additional charges that you agreed to pay. Please allow up to 30 days for the refund to reach your account.

We cannot cancel your order if you are unable to provide us with proof of purchase or if We believe that that you have made use of the Product(s).

Electronic Communication

Applicable laws require that some of the information or communications We send to you should be in writing. When you visit this Site or send emails to us you are communicating with us electronically. We may communicate with you by email or by posting notices on the website. For contractual purposes, you agree to this means of electronic communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Our Liability

We warrant to you that any Product(s) purchased from us through the Site is of satisfactory quality.

Our liability in connection with any Product(s) purchased through our Site is strictly limited to the purchase price of the Product(s). This does not include or limit in any way our liability:

  • Under section 2 (3) of the Consumer Protection Act 1987;
  • For fraud or fraudulent misrepresentation; or
  • For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence) breach of contract or otherwise, even if foreseeable.

Notices

All notices given by you to us must be given to us in writing by email or at the address detailed above. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

Transfer Of Rights And Obligations

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, Lock-outs Or Other Industrial Action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, floor, earthquake, subsidence, epidemic or other
    Natural disaster
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks.
  • The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

Waiver

If We fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Notices above.

Severability

If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

Our Right To Vary These Terms And Conditions

We have the right to revise and amend these terms and conditions from time to time.

You will be subject to the policies and terms and conditions in force at the time that you order Product(s )from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Order Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).

Governing Law

Contracts for the purchase of Product(s) through the Site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.


Affiliate Terms and Conditions

THIS SECTION TELLS YOU THE TERMS AND CONDITIONS FOR USE OF THE BOOKGRAIL AFFILIATE PROGRAM. BY BECOMING AN AFFILIATE, YOU AGREE TO BE SUBJECT TO THE TERMS AND CONDITIONS OUTLINED IN THIS DOCUMENT, INCLUDING OUR PRIVACY AND COOKIES POLICY. “You”, “Your affiliation” and “The Affiliate” REFERS TO THE END USER ACCEPTING THIS AGREEMENT.

Duration of Affiliation

Your affiliation duration begins from your first use of a BookGrail referral link.

The Affiliate is entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites and, for the avoidance of doubt; the Affiliate shall not be entitled to receive any Commission on any Referrals made after the termination date.

The duration of your affiliation will continue until either party has ended it. Commission fees are applicable during this period only. We reserve the right to remove the Affiliate and withhold commission fees of the Affiliate if any Affiliate is found to be in violation of this Agreement.

Orders

If at any point an order has been found to be fraudulent, or if an order has been refunded, cancelled or otherwise reversed, We reserve the right to withhold any commission fees that are due from the referred client.

Commission & Payments

Book Grail Ltd undertakes to make payments to affiliates 6 weeks after the end of the month in which an order is made using one of the affiliate’s BookGrail links.

Payment is only made to Affiliates in the UK that have a minimum balance of £10 (ten pounds) in their account or joint accounts. All Affiliates outside of the UK have to reach a minimum balance of £20 (twenty pounds) in their account or joint accounts before payment is made. Affiliates who do not meet the minimum balance requirements will not be eligible for payment until it has been reached. Furthermore any account that has had no activity (clicks, sales etc.) for a period of 6 calendar months will be deemed to be abandoned and BookGrail will apply a variable account closing charge up to the maximum of £20. The charge will never be greater than the balance in the account.

Affiliates will be paid by Paypal. You will need to register a Paypal account using the same email address you have used to register with BookGrail.

The Affiliate is responsible for the payment of all tax and national insurance payable on any payments made to him/her by Book Grail Ltd.

Relationship of Parties

Nothing in this Affiliate Agreement will create any partnership, joint venture, franchise or employment relationship of any kind between the parties. You will have no authority to make or accept offers or representations on our behalf. As an Affiliate, you will not make any statements that violate this section of the Agreement, whether in print, spoken word or on your website. The Affiliate is solely responsible for his/her website and all its contents and shall ensure that they conform at all times to all applicable laws and regulations.

Disallowed Content

We will not allow or tolerate an Affiliate that uses disallowed content on their website. Disallowed content includes; sexually explicit material, violence, illegal activity, discrimination and violation of copyright. We expressly do not allow any Affiliate that uses SPAM emails, SPYWARE, ADWARE or similar techniques to gain Internet traffic. We reserve the right to monitor our affiliates from time to time so that We can ensure the terms of this Agreement are kept.

Indemnification

The Affiliate shall keep BookGrail indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate’s website or any incorrect information given to BookGrail by the Affiliate. The Affiliate shall also compensate BookGrail for any other damages or costs caused by the Affiliate’s improper, negligent or unauthorised use of BookGrail service and technical problems or loss of data caused by the Affiliate on BookGrail website

Liability – System Failure, Viruses, Damages, Downtime

BookGrail shall not be liable to the Affiliate for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components, loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Affiliate Tracking Service or other indirect or consequential loss whether arising from negligence, breach of contract or whatsoever.

BookGrail cannot guarantee or warrant the performance of BookGrail service or the links to any linked websites. BookGrail shall not be liable for any error in the implementation of the links on the Affiliate’s website or for the specified function of the links.

Copyright / Intellectual Property

BookGrail owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licences whatsoever under this Agreement other than to use links to Linked Websites on the terms of this Agreement.

Username & Password

As an Affiliate, you are responsible for maintaining the confidentiality of your login username and password. You are also responsible for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for any actions that occur under your account or password. You should inform us immediately if you suspect that your password is, or is likely to be used in an unauthorised manner.

Legal Age

The Affiliate confirms to BookGrail that the Affiliate is not a private individual less than 18 years of age.

Governing Law

This Agreement is to be treated as made in England according to English Law and subject to the exclusive jurisdiction of the English Courts.

Disclaimer

We make no representation that the operation and availability of our website and services will be uninterrupted or error-free, and We will not be liable for interruptions or errors. We shall not be held liable for any failure of service that is caused by any circumstance outside of our control. These Terms and Conditions may be subject to change without notice.


Use of the BookGrail Reader Application

WELCOME TO THE BOOKGRAIL READER APPLICATION (“App”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR APPS, INCLUDING OUR PRIVACY AND COOKIES POLICY. BY USING OUR APPS YOU AGREE TO FOLLOW THE TERMS AND CONDITIONS SET FORTH IN THIS NOTICE. IF YOU DO NOT AGREE TO FOLLOW THESE TERMS AND CONDITIONS DO NOT USE THE APP.

Your Account

To use certain functions on this app, you will need to set up an account with us. You need to be 18 or over to create an account and must be resident in the United Kingdom. You are responsible for your account, including making sure that your details are correct and kept up to date and ensuring that your password is secure. You are also responsible for all activity that takes place on your account. If you think your account is being used by anyone else, please contact us on our website immediately. If We believe your account has been compromised, We may suspend your account and We will contact you to try and resolve the problem. 

If you have any problems creating an account, signing in or updating your details, please have a look at our help pages on our website or contact us via our website.

Accessing eBooks

To read eBooks on your device you will first need to download our free App to your device. If you have any questions or any problems checking your device compatibility, please have a look at our help pages on our website or contact us on our website. Please note that our services include elements, which allow our software to be downloaded on to your devices and interact with other programs or equipment. Each eBook in your account can only be downloaded to and stored on a maximum of 6 authorised devices that you register with your account. We will do our best to make sure that our services are uninterrupted and that our content is error free, although We can’t guarantee this. If We need to suspend or restrict access to, or update, our service or content, We will do our best to minimise any disruption to you.

Content

The legal rights (including the intellectual property rights) in our app or any content on it (including the eBooks) and the compilation of this content is owned by us, or licensed to us by third parties. Our app and content is protected by international copyright laws and database rights.

Your Use of the App and the eBooks

Please do not share eBooks on peer-to-peer networks or other file sharing networks or websites. We’re happy for you to use the content on our app and the eBooks you buy for your own personal use in accordance with these terms and provided that you do not remove any copyright notices. You may not use our trademarks, logos or other intellectual property and you may not use the eBooks you purchase or any other content on from our app for any commercial, promotional, institutional, corporate or teaching purposes. Please don’t copy, publish or otherwise seek to exploit our app or our content or use our service for any illegal purpose or in any way that causes damage, is harmful to other users or which interferes with the copyright protection technology We use. We will take the action We think is necessary to protect our service and our customers (which may include us suspending or restricting your account and access to our service).

What Happens If It Goes Wrong: Replacements And Refunds

If your eBook has not appeared in your account after We have confirmed your purchase, please check the help pages on our website or contact us on our website for assistance. Please contact us on our website if your eBook appears to be faulty. We will check your copy and if it is faulty, offer you a replacement or a refund. Please note that We are not responsible for any lack of functionality or failure to provide any content or any loss of content or data that is due to your equipment, devices or Internet connection.

Products you purchase from BookGrail are eligible for return and refund if they have not yet been downloaded or accessed if We receive your request within 14 days of the date of purchase. If you wish to cancel your order you must give us clear written instructions that you wish to cancel your order either by email or by writing to the address stated above. We will refund to the card with which you made payment the amount of the price you have paid for the Product(s) together with any additional charges that you agreed to pay. Please allow up to 30 days for the refund to reach your account.

We cannot cancel your order if you are unable to provide us with proof of purchase or if We believe that that you have made use of the Product(s).

Our Legal Obligations

If We don’t comply with our obligations to you under these terms or are negligent in providing the services to you, We are responsible for any loss or damage that you suffer that was a “foreseeable result” of such breach or negligence. Loss or damage is a foreseeable result if it is an obvious consequence of our failure to comply with these terms or if you and We contemplated it at the time We entered into the contract.

 We only supply the eBooks for your domestic and private use. You agree not to use the eBooks for any commercial, business or re-sale purposes and We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
 Nothing in these terms limits or excludes our liability for: (i) death or personal injury caused by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.

Other Important Terms

This contract is between you and us. No other person has any rights to enforce any of its terms. 

You may not transfer your rights or your obligations under these terms to anyone else without our written permission. We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations to you under these terms.

Each of the paragraphs in these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. These terms, and any contract between us, are in the English language. Your use of the service and any eBooks purchased via the service, including any dispute or claim arising out of or in connection with it, will be governed by English law. We and you both agree that the courts of England and Wales shall have the non-exclusive jurisdiction. However, if you are resident in Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland, you may also bring proceedings in Scotland.

How To Contact Us And Further Information

If you have any feedback, questions or complaints or any requests for technical support, then please refer to our help pages on our website or contact us on our website.

 Book Grail Limited is a company registered in England and Wales and our Company Number is 8577375. Our registered office is at Cavendish Suite, The Saxon Centre, Christchurch, Dorset, BH23 1PZ.


Privacy and Cookie Policy



WE UNDERSTAND THAT YOUR PRIVACY IS IMPORTANT TO YOU AND WE ARE COMMITTED TO PROTECTING YOUR PERSONAL INFORMATION WHEN YOU USE OUR SITE OR APP OR AFFILIATE PROGRAM (“Services”). THIS SECTION MAKES IT CLEAR WHAT INFORMATION WE COLLECT WHEN YOU USE OUR SERVICES, WHY WE COLLECT THIS INFORMATION AND HOW WE USE IT. IF YOU DECIDE TO USE OUR SERVICES, YOUR VISIT AND ANY ISSUE IN RELATION TO YOUR PRIVACY IS SUBJECT TO THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS. IF YOU DON’T AGREE TO THIS PRIVACY POLICY OR ANY OF OUR TERMS, WE’D KINDLY ASK THAT YOU DON’T USE OUR SERVICES. 

WE MAY CHANGE OUR POLICY FROM TIME TO TIME AND THE LATEST VERSION WILL APPEAR WITH THE DATE THAT IT WAS UPDATED. BY USING OUR SERVICES AFTER ANY CHANGES HAVE BEEN POSTED, YOU AGREE TO THE NEW POLICY.

Personal Data

We collect your information in different ways. Some information We collect when you give it to us, for example when you give it to us by:

  • Registering on site;
  • Sending a recommendation;
  • Completing your profile;
  • Adding a product review;
  • Downloading our App;
  • Downloading an eBook or free sample.

We use the information We have about you in the following ways:

  • To send you newsletters and information about books and authors you have subscribed to or which We think will interest you;
  • To provide you with information on products or services We think might interest you based on your preferences;
  • To access use the various functions of our online community;
  • To participate on any of our forum, notice boards or other interactive content;
  • To allow you to enter competitions and contact you about them;
  • To look at and respond to any messages, complaints or other queries you might send us; and
  • To notify you about any changes to any of our websites, services or products.

We may also approach you (ourselves or via a third party) to ask you questions to help us improve our websites and the goods and services We offer e.g. by asking you to participate in a survey about topical issues conducted by us or trusted partners or third parties. We will always let you know before you participate in any survey how any information you provide will be used.

If you are aged 18 or under please get your parent/guardian’s permission before you provide any personal information to the BookGrail website. We do not permit or encourage users who are 18 or under to provide us with personal information without the appropriate consent.

To unsubscribe from a newsletter, click on the unsubscribe link in the email you have received from us.

The information may be administered and handled by carefully selected parties of BookGrail. Except as provided for in the above, this information will not be submitted to any third party except when We have your consent to do so.

Please note that your personal identifiable information provided for webshop orders will, unless you also create an account or subscribing to promotions, solely be used to fulfil our obligations to you.

Information Provided By You

Any personally identifiable information you may provide to BookGrail via this site is protected by applicable laws. However, you should not send any confidential or proprietary information to BookGrail via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to BookGrail will not be considered confidential or proprietary. By providing any such information or materials to BookGrail, you fully assign and transfer to BookGrail all intellectual property rights in and to such information and materials and BookGrail is thereby free to use, reproduce, display, publicly perform, transmit, distribute, modify assign, and license such information and materials, and you further agree that BookGrail is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to BookGrail. You further warrant that you shall not provide any information or materials to BookGrail that is defamatory, threatening, obscene, harassing, or otherwise unlawful under whatever applicable law, or that incorporates the proprietary material of another. BookGrail reserves the right to, in its sole discretion, remove any information provided by you from the Site.

Data Protection

We are committed to protecting your privacy. We will collect and use information supplied by you and other users of the Website to improve the Website and personalise your experience when you visit the Website. We may also use it to tell you about changes in our services or about features We think you may find interesting. We do not sell, trade or rent your personal information to others. We may choose to do so in the future with trustworthy third parties. By giving us your email address and/or registering with us, you are deemed to have consented to the use of personal information for these purposes. However, you can tell us not to deal with your personal information in these ways in the future by simply sending an email to contact[at]bookgrail[dot]com

Under the Data Protection Act 1998 We follow strict security procedures in the storage and disclosure of information that you have given us, to prevent unauthorized access.

Privacy Policy

BookGrail collects information on what pages are accessed or visited by consumers, as well as information volunteered by the consumer, such as survey information and/or site registrations. BookGrail uses this information for internal review, in order to improve the content of the Site and to notify consumers about updates to the Site.

BookGrail guarantees that if you supply your email or postal address on-line, you will only be sent the information for which you provided your address. If you do not wish to receive this in the future, or if you wish to be removed from mailing lists, please let us know by sending an e-mail to contact[at]bookgrail[dot]com.

We do not store credit card details.

What Is A Cookie?

We use the term “cookies” to refer to cookies and other similar technologies covered by the EU Directive on privacy in electronic communications.

Cookies are small text files, created by the website visited, that contain data. They are stored on the visitor’s computer to give the user access to various functions. Both session cookies and non-session cookies are used on our sites. A session cookie is temporarily stored in the computer memory while the visitor is browsing the website. This cookie is erased when the user closes their web browser or after a certain time has passed (meaning that the session expires).A non-session cookie remains on the visitor’s computer until it is deleted.

Why Do We Use Cookies?

We use cookies to learn more about the way visitors interact with our content and help us to improve the experience when visiting our website.

Web Analytics

Our Services use Google Analytics which use cookies. At the aggregate level, cookies store information on how visitors use a website, including the number of pages displayed, where the visitor comes from, and the number of visits, to improve the website and ensure a good user experience. If you do not accept cookies, no information is stored.

How Do I Reject And Delete Cookies?

We will not use cookies to collect personally identifiable information about a visitor. However, you can choose to reject or block the cookies set by BookGrail or the websites of any third party suppliers by changing your browser settings – see the “Help function” within your browser for further details.

Most browsers automatically accept cookies so if you do not wish cookies to be used, you may need to actively delete or block the cookies. For information on the use of cookies in mobile phone browsers and for details on how to reject or delete such cookies, please refer to your mobile phone manual. Do note, however, that if you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly.