Hello, welcome to BookMachine! We’re very happy you’re here.
Effective from 27th May 2020.
1.1. These terms and conditions (the Terms) set out the basis on which you may browse and use our website, access our networking, event and membership services (Services) and download our digital publications (Publications), available at www.bookmachine.org (the Site). The terms you or your, when used in these Terms, refer to you as a user of the Site.
1.2. This Site is owned and operated by BookMachine, a partnership with its principal place of business at 2.3, Building A3 6 Soames Walk, Design District, Greenwich Peninsula, London, United Kingdom, SE10 0AX (we, us or our).
1.4. If you would like to contact us for any reason please do so using the following details:
2.1. We may revise the Terms from time to time, for example if there are changes to relevant laws and regulatory requirements or changes to our business practices. If we revise these Terms we will (i) post the revised Terms on the Site and update the “Last Updated” date below, and (ii) if you are a Member (as defined in Clause 3.1 below) we will email you and give you at least one months’ written notice of any changes to these Terms before they take effect. If you are a Member and do not wish to accept the changes, please contact us to cancel your membership by emailing [email protected] or via your account or alternatively you may send us the online cancellation form.
2.2. Your use of the Site will be subject to the most recent version of the Terms available on the Site. We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you.
2.3. These Terms were last updated on 27th May 2020.
THIS SECTION SETS OUT THE TERMS AND CONDITIONS THAT APPLY IF YOU PURCHASE A BOOKMACHINE MEMBERSHIP.
3.1. To access and use certain Services made available from the Site, you will need to become a BookMachine member (Member) and register for a membership account (Membership Account).
3.2. We currently have three membership options: an individual membership, a promoted membership, and a company membership. Further information about each membership option is available on our membership page, including the main benefits and the membership fee. Please contact us if you are interested in a company membership as these are not available to purchase through the Site.
3.3. We offer recurring monthly and recurring one year subscriptions, and may offer different subscription options in future. Company memberships are only available as a yearly subscription.
3.4. Monthly subscriptions shall be paid in advance by monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that we (or our online payment provider) are authorised to charge the same credit card or other payment method as was used for the initial subscription fee in the amount of the then current monthly subscription fee. Payment shall be taken each month on or around the date on which you began your subscription. For example, if you begin your subscription on 15th March 2018, you will be charged on or around the 15th of each month. The monthly subscription fee will continue to be billed automatically until cancelled. You must cancel your subscription at least one day before it renews each month in order to avoid billing of the next month’s subscription fee. Refunds cannot be claimed for any partial-month subscription period.
3.5. One year subscriptions shall be paid in advance by a one-off payment with automatic one year renewals. You acknowledge and agree that we (or our online payment provider) are authorised to charge the same credit card or other payment method as was used for the initial subscription fee at the rate secured at the time of purchase or at a rate notified by us to you in reasonable time in advance of renewal. Payment shall be taken each year on or around the date on which you began your subscription. For example, if you began your subscription on 15th March 2018, you will be charged on or around the 15th March each year. You must cancel your subscription at least one day before it renews in order to avoid billing of the renewal subscription fee. Refunds cannot be claimed for any partial subscription period.
Purchasing a Membership
3.6. Please ensure that you read these Terms carefully, and check that the details in your subscription order are complete and accurate, before you submit the order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
3.7. When you submit any subscription order to us, this does not mean we have accepted your order. All orders are subject to availability and confirmation of the order price. Payment will be taken once the order has been accepted and you will receive an email confirming that your order has been accepted. A legally-binding contract between us under which we will grant you membership will only be formed when we send you this confirmation.
3.8. All membership fees are inclusive of VAT (if applicable). You may only pay using the methods of payment displayed on the payment page, no other methods of payment will be accepted. Payment will be in pounds sterling (£) only.
3.9. We will use our reasonable endeavours to ensure that all membership fees and details of the membership options listed on the Site are correct, however errors may occur. We will notify you as soon as possible in the event that there has been an error, and you will be given an option of confirming the order with the correct price, or cancelling the order and receiving a full refund. If we are not able to contact you after reasonable attempts have been made, we will treat the incorrect order as cancelled, and you will receive a full refund.
3.10. When you set up your Membership Account, you will be required to provide personal information about yourself (including name, email address, password, postal address, business name and area of work), and your payment details.
3.12. The account password you provide should be unique and kept secure. You agree not to share your account password, and to keep your password confidential. You must notify us immediately in the event of any security breach or unauthorised use of your account.
Cancellation, Termination and Refunds
3.13. You may change your mind in respect of a monthly subscription or a one year subscription and request a pro-rata refund within 14 days from your date of payment by emailing [email protected].
3.14. You may cancel auto-renewal of a monthly subscription at any time by emailing [email protected] or via your account or alternatively you may send us the online cancellation form. Cancellation is effective at the end of the applicable monthly period provided that such cancellation is made at least one day prior to the renewal date. Refunds cannot be claimed for any partial-month subscription period.
3.15. You may cancel auto-renewal of one year subscriptions at any time after 14 days from your first date of payment by emailing [email protected]or via your account or alternatively you may send us the online cancellation form. Cancellation is effective at the end of the applicable one year period provided that such cancellation is made at least one day prior to the renewal date. Refunds cannot be claimed for any partial year subscription period when cancellation occurs after 14 days from your date of payment.
3.16. We will only make refunds to the same method of payment which you used to make your purchase.
3.17. We may terminate your membership at any time if you have breached these Terms, and you will not be entitled for a refund of any membership fees.
3.18. In the event of cancellation or termination of your membership, you will no longer be able to access your Member Account or the associated benefits, such as concessions for training or events.
THIS SECTION SETS OUT THE TERMS AND CONDITIONS THAT APPLY IF YOU PURCHASE A TICKET TO A BOOKMACHINE EVENT.
4.1. You may purchase tickets to our networking and training events (Events) by using the Site, subject to availability and to these Terms. Our Events are available to both non-Members and Members, however Members are eligible to receive concessions on ticket prices in accordance with their membership plan.
4.2. Please ensure that you read these Terms carefully before you submit your ticket order. Please be aware that the ticketing for our Events is powered by Eventbrite, and any ticket purchase is also subject to Eventbrite’s terms of service, which are available here.
4.3. Please ensure that you check that the details in your order are complete and accurate, before you submit your ticket order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
4.4. When you submit any order to us, this does not mean we have accepted your order for the tickets. Ticket prices and offers are subject to availability, and are not confirmed until payment has been successfully received. When your order has been accepted you will receive an email confirming this and another email containing your e-ticket(s). Please check your e-tickets on receipt and contact us immediately if there is a mistake.
4.5. You must produce your e-ticket or provide your name as shown on your e-ticket in order to gain entry to the Event, and we reserve the right to see proof of identity.
4.6. Where a concession is claimed, proof of the concession entitlement is required at the point of purchase. Failure to supply such proof when required may result in the full ticket price being charged.
4.7. Ticket prices (including booking fees where applicable) will be as shown at the time you place your order on our Site.
4.8. We will use our reasonable endeavours to ensure that all prices and details of the tickets listed on the Site are correct, however errors may occur. We will notify you as soon as possible in the event that there has been an error, and you will be given an option of confirming the order with the correct price, or cancelling the order and receiving a full refund. If we are not able to contact you after reasonable attempts have been made, we will treat the incorrect order as cancelled, and you will receive a full refund.
4.9. All ticket prices are inclusive of VAT (if applicable). You may only pay using the methods of payment displayed on the payment page; no other methods of payment will be accepted. Payment will be in pounds sterling (£).
4.10. Admission to the Event is at all times subject to any terms, conditions or rules of the venue operator. If you breach those terms, conditions or rules then the venue operator may refuse admission or require you to leave the venue.
4.11. Latecomers may not be admitted. No refunds will be issued.
4.12. You may take pictures of the Event and share these on social media unless we otherwise notify you. You may only take sound recordings or videos of the Event with our express prior permission.
4.13. We, our service providers or partners may record the Event, by purchasing tickets you consent to you and other members of your booking to being filmed and any subsequent commercial exploitation of such recordings without payment.
Cancellation, Refunds and Exchanges
4.14. Tickets cannot be exchanged or refunded after purchase unless the Event is cancelled (as set out in Clause 4.16 below) and in no circumstances may the tickets be resold or transferred. We may at our discretion refuse admission to the Event to the holders of any transferred or resold tickets.
4.15. We reserve the right to make alterations to the published Event where necessary, including to the speakers, time and venue. We will use our reasonable endeavours to notify you of any such alterations using the details you provided us with at the time of ordering.
4.16. Whilst we will try and avoid cancelling any Event, we have the right to cancel any Event in our sole discretion. In the unfortunate event where we have to cancel an Event, we will use our reasonable endeavours to notify you using the details you provided us with at the time of ordering and you will receive an automatic refund. We will only make refunds to the same method of payment which you used to make your purchase.
THIS SECTION SETS OUT THE TERMS AND CONDITIONS THAT APPLY IF YOU ACCESS THE PUBLICATIONS MADE AVAILABLE ON THE SITE.
5.1. You may access our Publications by using the Site, subject to availability and to these Terms.
5.2. The prices for our Publications will be as shown on our Site. All prices are inclusive of VAT (if applicable). The majority of our Publications are free of charge, and may be instantly downloaded by you from the Site. For those Publications which are not free of charge, you will be redirected to Amazon’s website (www.amazon.co.uk) to make your purchase and Amazon’s terms and conditions will apply to your purchase.
6. Access to and use of the Site
6.1. If you are under the age of 18, please do not use the Site. By using the Site you confirm to us that you are 18 years old or over.
6.2. The Site is currently made available to you free of charge, although we do of course charge for the Services and some of the Publications you order via the Site. You agree that we can change this at a later date as long as we let you know in plenty of time before we start charging for use of the Site.
6.3. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you.
6.4. Subject to your continued compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, licence to access and use the Site for your own personal use. If you breach any provision of these Terms, this licence will immediately terminate and you must immediately cease use of the Site.
6.5. You are responsible for making all arrangements necessary for you to have access to the Site.
6.6. You are responsible for ensuring that all persons who access the Site through your internet connection or Member Account are aware of these Terms and other applicable terms and conditions, and that they comply with them.
6.7. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
6.8. If you are a Member, you have the ability to post content to your profile and to certain other areas of the Site (Member Content). Any Member Content that you post must not contain anything which:
6.8.1. is defamatory, offensive, untrue, false or otherwise objectionable;
6.8.2. promotes sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.8.3. infringes the intellectual property rights of any other person;
6.8.4. is made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence or duty of privacy;
6.8.5. promotes any illegal activity; or
6.8.6. advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6.10. You agree to comply with all reasonable instructions that we may give you regarding your use of the Site.
7. Intellectual property rights
7.1. We are the owner or the licensee of all intellectual property rights in the Site. You may download extracts, of any page(s) from the Site, provided that:
7.1.1 the material shall not be reproduced or included in any other work or publication in any medium;
7.1.2. the material may not be modified or altered in any way;
7.1.3. the material may not be distributed or sold to any third party; and
7.1.4. you do not remove any copyright or other proprietary notices contained in the material.
7.2. If you copy or use any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made.
8. Data protection and privacy
9. Complaints or Queries
9.1. If you have any queries or complaints about the Site, the Services or the Publications, please contact us using the contact information as detailed in Clause 1.4. We will use reasonable efforts to respond to you promptly.
9.2. If you are using the Site as a consumer (i.e. for purposes wholly or mainly outside your trade, business, craft or profession), you have legal rights in relation to services that are faulty or not as described and we are under a legal duty to supply such services with reasonable care and skill. Nothing in these Terms shall affect your statutory rights. For more information please see https://www.citizensadvice.org.uk/.
10. Links to and from the Site
10.1. You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the Site in any website that is not owned by you.
10.2. We reserve the right to withdraw linking permission without notice.
10.3. Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway.
11.1. We do not guarantee that the Site will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Site will be free from errors or omissions.
11.2. We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to perform the Services to you due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour or materials or a failure of public or private telecommunications networks.
11.3. If an event outside of our reasonable control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control.
12. Limitation of our liability
12.1. You acknowledge that the Site has not been developed to meet your individual requirements. You agree not to use the Site for resale purposes.
12.2. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. We are also not responsible to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and, if you are a consumer, for breach of your legal rights in relation to the products as summarised at Clause 9.1.
12.4. Subject to Clauses 12.3, our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to [150%] of the aggregate amount that you have paid to us prior to the event giving rise to the liability;
12.5. You shall indemnify us in the event that we incur any claims, costs, damages, losses, or other liability as result of any your actions or omissions, or through using the Site in breach of these Terms.
12.6. Nothing in these Terms excludes or limits our liability for:
12.6.1. death or personal injury caused by our negligence,
12.6.2. fraud or fraudulent misrepresentation; or
12.6.3. any other liability which cannot be excluded or limited by law.
13.1. The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
13.2. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
13.3. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
13.4. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
13.5. These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and the non-exclusive jurisdiction of the English Courts.