Last Updated: 01/09/2023.
The utilization of bookster, and
Any other associated agreement or legal relationship with the Owner
in a legally binding manner. Terms written in capital letters are defined in the relevant dedicated section of this document.
The User must carefully review this document.
Nothing in these Terms establishes an employment, agency, or partnership relationship between the involved parties.
bookster is provided by:
bookster
29 rue du Docteur Acquaviva
13004 - Marseille
France
Siret : 84993400500026
N° TVA intra: FR81849934005
Code NAF: 58.29A
Owner's contact email: contact@bookster.fr
This website, including its subdomains and any other website through which the Owner makes its Service available;
Applications for mobile, tablet, and other smart device systems;
The Application Program Interfaces (API);
The Service;
All applications, samples, and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation.
It's important to understand the following points quickly:
The Service/bookster is designed for Users who do not meet the criteria for being Consumers, such as Business Users.
bookster employs automatic renewal for Product subscriptions. You can find details about
a) the renewal timeframe,
b) termination specifics, and
c) the notice required for termination in the appropriate section of these Terms.
Unless explicitly stated otherwise, the usage terms outlined in this section are generally applicable when utilizing bookster.
Specific circumstances may warrant the imposition of singular or supplementary conditions for use or access, which will be additionally specified within this document.
By utilizing bookster, Users affirm that they meet the following criteria:
Users are not categorized as Consumers;
Users are not situated in a nation under a U.S. Government embargo or identified by the U.S. Government as a "terrorist-supporting" country;
Users are not included on any U.S. Government roster of banned or restricted entities;
To utilize the Service, Users are required to register or create a user account, furnishing all necessary data or information accurately and completely.
Failure to do so will result in the unavailability of the Service.
Users bear the responsibility of maintaining the confidentiality and security of their login credentials. Hence, Users are also obligated to select passwords that adhere to the highest standards of strength as permitted by bookster.
Upon registration, Users consent to assuming full responsibility for all activities carried out under their username and password.
Users are obliged to promptly and unequivocally notify the Owner via the contact details provided in this document if they suspect that their personal information, including but not limited to user accounts, access credentials, or personal data, has been compromised, unduly disclosed, or stolen.
Registering user accounts on bookster is contingent upon the stipulated conditions below. By registering, Users agree to adhere to these conditions.
Accounts registered by bots or any other automated means are prohibited.
Unless explicitly specified, each User is permitted to register only one account.
Except when explicitly authorized, user accounts may not be shared with others.
Users have the option to terminate their account and cease using the Service at any time by taking the following steps:
Using the account termination tools provided on bookster.
Directly contacting the Owner through the contact details furnished in this document.
However, account termination will not be viable until the subscription period paid for by the User has concluded.
The Owner reserves the right, at its sole discretion, to suspend or delete User accounts at any time and without prior notice if they are deemed inappropriate, offensive, or in violation of these Terms.
The suspension or deletion of User accounts will not entitle Users to claims for compensation, damages, or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from the obligation to pay any applicable fees or charges.
The owner of the application is committed to providing a functional and stable application. However, it is impossible to guarantee that no bugs or unexpected crashes will occur. In the event of a technical problem, the owner of the application will do everything possible to resolve it as soon as possible. However, it will not be held liable for any damages or losses suffered by the user, even if the user has a monthly subscription.
Unless otherwise specified or clearly recognizable, all content available on bookster is owned or provided by the Owner or its licensors.
The Owner makes every possible effort to ensure that the content provided on bookster does not violate any applicable legal provisions or third-party rights. However, achieving such a result may not always be possible.
In such cases, without prejudicing Users' legal rights to enforce their own rights, Users are kindly requested to report related complaints using the contact details provided in this document.
Rights regarding content on bookster - All rights reserved
The Owner holds and reserves all intellectual property rights for such content.
Therefore, Users may not use such content in any manner that is not necessary or implicit in the proper use of the Service.
In particular, but not limited to, Users may not copy, download, share (beyond the limits specified below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on bookster. This also applies to allowing any third party to do so through the User or their device, even without the User's awareness.
Where explicitly stated on bookster, Users may download, copy, and/or share certain content available through bookster solely for their personal and non-commercial use, provided that copyright attributions and all other required attributions by the Owner are correctly implemented.
Any applicable statutory limitations or exceptions to copyright shall remain unaffected.
The Owner allows Users to upload, share, or provide their own content to bookster.
By providing content to bookster, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Users acknowledge and accept that by providing their own content on bookster, they grant the Owner a non-exclusive, fully paid-up, and royalty-free license to process such content solely for the operation and maintenance of bookster as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to bookster.
Users acknowledge, accept, and confirm that all content they provide through bookster is provided subject to the same general conditions set forth for content on bookster.
Users are solely liable for any content they upload, post, share, or provide through bookster. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, or block such content at its own discretion and without prior notice, and to deny the uploading User access to bookster:
upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law, based on such content;
if a notice of infringement of intellectual property rights is received;
if a notice of violation of a third party's privacy, including their intimate privacy, is received;
upon the order of a public authority; or
where the Owner is made aware that the content, while being accessible via bookster, may represent a risk for Users, third parties, and/or the availability of the Service.
The removal, deletion, or blocking of content shall not entitle Users who have provided such content or are liable for it, to any claims for compensation, damages, or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through bookster.
Through bookster, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party's terms and conditions or, in the absence of those, applicable statutory law.
bookster and the Service may only be utilized within the scope of their intended purposes as defined by these Terms and applicable laws.
Users are solely responsible for ensuring that their use of bookster and/or the Service does not violate any applicable laws, regulations, or third-party rights.
Therefore, the Owner reserves the right to take appropriate actions to safeguard its legitimate interests. This includes denying Users access to bookster or the Service, terminating contracts, and reporting any misconduct conducted through bookster or the Service to relevant authorities, such as judicial or administrative bodies. This action will be taken whenever Users engage in or are suspected of engaging in any of the following activities:
Violating laws, regulations, and/or these Terms.
Infringing upon the rights of third parties.
Significantly impairing the Owner's legitimate interests.
Offending the Owner or any third party.
All intellectual or industrial property rights, as well as any other exclusive rights to software or technical applications embedded in or related to bookster, are held by the Owner and/or its licensors.
Subject to Users' compliance with and notwithstanding any divergent provision of these Terms, the Owner grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of bookster and the offered Service.
This license does not grant Users any rights to access, use, or disclose the original source code. All techniques, algorithms, and procedures contained in the software and any related documentation are the sole property of the Owner or its licensors.
All rights and license grants to Users will immediately terminate upon the termination or expiration of the Agreement.
Notwithstanding the above, under this license, Users may download, install, use, and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.
The Owner reserves the right to release updates, fixes, and further developments of bookster and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using bookster and/or its related software.
New releases may only be available for a fee.
Users may download, install, use, and run the software on an unlimited number of devices.
However, running the software on more than one device simultaneously may not be permitted.
Notwithstanding the foregoing, Users undertake to immediately delete any copies of the software upon the expiry of the license under which such software is provided to the User.
Certain Products offered on bookster as part of the Service are provided based on payment.
The fees, duration, and conditions applicable to the purchase of such Products are described below and in the dedicated sections of bookster.
To purchase Products, the User must register or log into bookster.
Prices, descriptions, or availability of Products are outlined in the respective sections of bookster and are subject to change without notice.
While Products on bookster are presented with the highest technical accuracy possible, the representation on bookster through any means (including, if applicable, graphic materials, images, colors, sounds) is for reference only and does not imply any warranty regarding the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
All steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After reviewing the information displayed in the purchase selection, Users may place the order by submitting it.
The subscription system is provided by Stripe. The site owner is not responsible for any technical or security issues related to the subscription system.
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires an action from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on bookster are displayed:
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of bookster.
Offers and discounts are always granted at the Owner's sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner's location details in this document, unless otherwise specified.
Information regarding accepted payment methods is provided during the purchase process.
Certain payment methods may be available subject to additional conditions or fees. In such cases, relevant information can be found in the dedicated section of bookster.
All payments are processed independently through third-party services. Therefore, bookster does not collect any payment information, such as credit card details, but only receives a notification once the payment has been successfully completed.
If a payment using the available methods fails or is rejected by the payment service provider, the Owner is not obligated to fulfill the purchase order. In case of payment failure or rejection, the Owner reserves the right to seek reimbursement for any related expenses or damages from the User.
The Owner grants Users a contractual right to withdraw the purchase according to the terms and conditions described in the relevant section of bookster within 15 days of contract conclusion.
Users have the option to test bookster or selected Products during a limited and non-renewable trial period, free of charge. Some features of bookster may not be available to Users during the trial period.
Additional conditions applicable to the trial period, including its duration, will be specified on bookster.
The trial period will automatically convert into the equivalent paid Product unless the User cancels the purchase before the trial period expires.
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
Paid subscriptions begin on the day the payment is received by the Owner.
To maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may result in service interruptions.
Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
Once the subscription period expires, the Product will no longer be accessible.
If the purchase price is paid in several installments, the subscription shall start on the day that the first payment is received by the Owner and last for the entire duration of the subscription, provided that all other installments are received in time.
Failure to meet the payment deadlines may result in the unavailability of the Product.
Subscriptions are automatically renewed through the payment method that the User chose during purchase.
The renewed subscription will last for a period equal to the original term.
The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.
Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside bookster.
If the notice of termination is received by the Owner no later than 14 days before the subscription renews, termination shall take effect as soon as the current period is completed.
By subscribing to a subscription on our service (hereinafter referred to as "the Service"), the user (hereinafter referred to as "the User") tacitly accepts these General Terms and Conditions of Use (TCU), including the 14-day trial period that takes effect immediately upon subscription.
The subscription to the subscription is carried out via the Stripe application, which securely manages transactions and payment information.
Upon subscription to the subscription, the User benefits from a free trial period of 14 days, allowing them to evaluate the Service.
During the trial period, the User has access to all the features included in the chosen subscription.
If the User wishes to cancel their subscription during the trial period, they must do so via the Stripe application. The cancellation must be made before the end of the 14-day trial period to avoid any charges.
In case of successful cancellation before the end of the trial period, no fees will be charged to the User's account.
At the end of the 14-day trial period, and unless cancelled by the User via the Stripe application, the subscription will be automatically renewed and the corresponding payment will be made according to the payment method chosen at the time of subscription.
The renewal of the subscription is automatic and will be carried out on a monthly or annual basis, in accordance with the option chosen by the User at the time of subscription.
The application visibly displays the number of days remaining in the trial period. This information is accessible in the left menu as well as in the "Subscription" section of the "My Business" page.
By clicking on the information related to the trial period or subscription, the User will be redirected to the subscription management page hosted by Stripe, where they can make modifications if necessary.
We reserve the right to modify these TCU at any time, including the terms of the trial period and subscription. Any modification will take effect immediately after its publication on the Service.
It is the User's responsibility to regularly consult the TCU to stay informed of any changes. The continued use of the Service after modification of the TCU constitutes tacit acceptance of the new terms.
For any questions or concerns regarding the subscription, trial period, or these TCU, the User can contact our customer service via the email address provided on our site.
Unless exceptions apply, the User may have the right to withdraw from the contract within the specified period below (typically 14 days), for any reason and without providing justification. Users can find more information about withdrawal conditions within this section.
The right of withdrawal does not apply on bookster
Users acknowledge and agree that the right of withdrawal does not apply to contracts concluded through bookster due to the nature of its offering.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation to any culpable violation of these Terms, third-party rights, or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners, and employees to the extent allowed by applicable law.
Limitation of Liability
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health, or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as bookster has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health, or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
any losses that are not the direct consequence of a breach of the Terms by the Owner;
any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
damages or losses resulting from interruptions or malfunctions of bookster due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses, and cyberattacks, interruptions in the delivery of products, third-party services, or applications;
any damage, prejudice, or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via bookster. Users are responsible for implementing sufficient security measures – such as antivirus and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to bookster.
In any event of liability, the compensation may not exceed the total payments that have been, will be, or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
The Owner's failure to exercise any right or provision under these Terms shall not be construed as a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of that term or any other term.
In order to ensure the highest level of service, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, with appropriate notification to Users.
Within the bounds of the law, the Owner may also opt to suspend or discontinue the Service entirely. In the event of Service discontinuation, the Owner will collaborate with Users to facilitate the retrieval of Personal Data or information and will uphold Users' rights concerning ongoing product use and/or compensation as prescribed by applicable law.
Furthermore, circumstances beyond the Owner's reasonable control, such as "force majeure" events (infrastructure breakdowns, power outages, etc.), may result in unavailability of the Service.
Users are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any portion of bookster and its Service without the express prior written permission of the Owner, either granted directly or through an authorized reselling program.
To learn more about the use of their Personal Data, Users may refer to bookster's privacy policy.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to bookster are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with bookster are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Regardless of the above, any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers in France not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.
The Owner reserves the right to transfer, assign, novate, or subcontract any or all rights or obligations under these Terms, while considering the User's legitimate interests. Provisions regarding changes to these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications related to the use of bookster must be sent using the contact information stated in this document.
If any provision of these Terms is deemed or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to make it valid, enforceable, and consistent with its original intent. These Terms constitute the entire agreement between Users and the Owner regarding the subject matter hereof and supersede all other communications, including, but not limited to, all prior agreements, between the parties regarding such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall make their best efforts to reach, in an amicable manner, an agreement on valid and enforceable provisions that will substitute the void, invalid, or unenforceable parts.
In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would lead to an unacceptable hardship for any of the parties.
These Terms are governed by the laws of the jurisdiction where the Owner is based, as indicated in the relevant section of this document, without regard to conflict of laws principles.
However, notwithstanding the above, if the law of the country where the User is located provides for higher applicable consumer protection standards, those higher standards shall prevail.
The exclusive jurisdiction to decide on any dispute arising from or related to these Terms lies with the courts of the jurisdiction where the Owner is based, as displayed in the relevant section of this document.
Amicable Dispute Resolution
Users can bring any disputes to the attention of the Owner, who will attempt to resolve them in an amicable manner.
While Users' right to take legal action remains unaffected, in the event of any dispute regarding the use of bookster or the Service, Users are kindly requested to contact the Owner using the contact details provided in this document.
The User may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase, or account, to the Owner's email address specified in this document.
The Owner will process the complaint without undue delay and within 28 days of receiving it.
Online Dispute Resolution for Consumers
The European Commission has established an online platform for alternative dispute resolution that offers an out-of-court method for resolving disputes arising from online sale and service contracts.
Consequently, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can utilize this platform to address disputes arising from contracts entered into online.
France: Mediation
Within one year of submitting a written complaint to the Owner regarding any dispute arising from these Terms, Consumers have the right to initiate a mediation procedure before any mediation body approved by the French Government. The relevant list is available at the following link: https://www.economie.gouv.fr/mediation-conso/mediateurs-references.
Definitions and legal references
bookster (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
Applies where a User, regardless of nationality, is in the EU.
Indicates the natural person(s) or legal entity that provides bookster and/or the Service to Users.
A good or service available for purchase through bookster, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
The service provided by bookster as described in these Terms and on bookster.
All provisions applicable to the use of bookster and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using bookster.
Consumer is any User qualifying as such under applicable law.