Booker Tools is a software product by Code Fairies Bvba
If you have any questions regarding these terms and conditions, this software application or other related matters, please contact us at:
Code Fairies Bvba
Terms & Conditions
Booker Tools is a service owned by Code Fairies Bvba and is subject to the following Terms and Conditions:
A. TERMS AND CONDITIONS
- Booker Tools is an online service offered by Code Fairies Bvba and is active under the laws of Belgium. The company is identified by company number BE 0661.893.752 and the seat of this entity is located at Raasakker 54, 9880 Aalter.
- The online service is offered by means of a website that can be found at https://www.bookertools.com and https://app.bookertools.com
- Booker Tools is dedicated software that aims to support artist booking agencies with their administration and their workflow.
- These terms and conditions apply to the use of licensed products of Booker Tools. By using our website or the licensed products you agree to the applicability of these terms and conditions. If you do not agree to them you should not use the website or the licensed products.
- The use of Booker Tools constitutes acceptance of these terms and conditions. Booker Tools reserves the right to change these terms and conditions at any time without prior notice. You are responsible for reviewing these terms and conditions each time you use the Booker Tools application. Your use of this website and/or purchase of Booker Tools licensed products and services after changes are made, means that you agree to be bound by such changes.
B. ACCEPTABLE USE
- Users agree to use this software application only for lawful purposes, and in a manner, which does not infringe the rights, or restrict, or inhibit the use and enjoyment of the software application by any third party.
- Booker Tools is not liable for circumstances beyond one’s control that delay or hinder this agreement. The following are regarded as circumstances beyond one’s control (the list is not exhaustive): strikes, natural disasters, flooding, fire, occupation, extreme weather conditions, government measures and technical defects. Booker Tools does not need to provide proof of the unforeseeable or the unavoidable nature of this type of circumstance.
- Booker Tools does not guarantee that use of this software application will be compatible with all hardware and software, which may be used by users. Nor does Booker Tools warrant that the functions and materials contained in this software application will be uninterrupted or error free; that defects will be corrected; that this software application, or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the materials.
- Booker Tools reserves the right to suspend or remove the account of users with an expired subscription, inactive trial account, or when users are abusing the software application or the hardware needed to run this software. Claiming to represent or be a booking agency which is not the case, may result in the removal of the account and all data connected to it.
- We will perform maintenance on a regular basis to keep the quality of our application high. We may therefore limit at any time the access or use of Booker Tools to the extent necessary for maintenance or to perform modifications or enhancements to the application. We will inform the subscriber at least 24 hours in advance, unless this is impossible or not useful. The maintenance or failing to inform the subscriber will not give grounds for compensation on behalf of Booker Tools.
D. USE OF THE SERVICES
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered or used by “bots”, artificial intelligence or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. Booker Tools cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account, even when content is posted by others who have accounts under your account.
- You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use or access the Booker Tools software application if you are our direct competitor, except with our prior written consent.
- You are responsible for the users’ compliance with this agreement and shall use the services only in accordance with the user guide and applicable laws and government regulations. You shall not make the services available to anyone and shall not sell, resell, rent or lease the services. You shall not use the services to store or transmit malicious code, or to store and transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third- party privacy rights. You shall not interfere with or disrupt the integrity or performance of the services or third-party data contained therein or attempt to gain unauthorized access to the services or their related systems or networks.
E. THIRD-PARTY PROVIDERS
- Service features that interoperate with Google services depend on the continuing availability of the Google API and program for use with the services. If Google Inc. ceases to make the Google API or program available on reasonable terms for the services, we may cease providing such service features without entitling you to any refund, credit, or other compensation.
- Booker Tools will not be responsible for the consequences of third-party services or (parts of) software.
F. FREE TRIAL
- Any such additional terms and conditions are incorporated into this agreement by reference and are legally binding. During the free trial the services are provided “as-is” without any warranty.
- We will make our service available to you on a trial basis free of charge until the end of the free trial period for which you registered or are registering to use the applicable service or the start date of any purchased or upgraded services you ordered. Additional trial terms and conditions may appear on the trial registration web page.
- Any data you enter into the software application, and any customizations made by or for you, during your free trial will be permanently lost unless you purchase a subscription to the same services as those covered by the trial, purchased services, upgraded services, or export such data, before the end of the trial period.
G. FEES AND PAYMENTS
- You shall pay all fees specified in all order forms hereunder, except if otherwise specified.
- Fees are quoted and payable in EUR
- Fees are based on services purchased and not actual usage
- Payment obligations are non-cancelable and fees paid are non-refundable, and the number of User subscriptions purchased cannot be decreased during the relevant subscription term stated on the order Form.
- User subscription fees are based on monthly periods that begin on the subscription start date and each monthly anniversary thereof; therefore, fees for User subscriptions added in the middle of a monthly period will be charged for that full monthly period and the monthly periods remaining in the subscription term.
H. COPYRIGHT AND INTELLECTUAL PROPERTY
- All copyright, trade marks and other intellectual property rights relating to or published on this software application are owned by or licensed to Booker Tools. You may view, use, download and store the material on the software application for personal use only. The re-distribution, re-publication, or otherwise making available of the material on this software application to third parties is prohibited without prior written consent of Booker Tools.
- Some documents and photos have been published on this software application with the permission of the other relevant copyright owners. All rights are reserved on these documents and permission to copy them must be requested from the copyright owners even if the sources are not indicated.
I. PRIVACY AND PERSONAL INFORMATION
- The customer agrees to provide correct, accurate, up-to-date and complete information on himself, as requested on the registration form. Booker Tools retains the right to suspend your account or refuse the transaction if it has reasonable cause to suspect that the information is not accurate, is incomplete or is out-of-date. These details may be stored in order to guarantee that its services function efficiently. They may also be used by Booker Tools for marketing purposes. Every customer able to prove their identity may access their personal details and modify them providing that permission has been requested in advance in a dated and signed letter.
- Booker Tools respects the privacy of its visitors. This privacy applies to all information that you provide via this website about yourself, your bands, your band members, your events and your locations.
- Your data will be used by Booker Tools exclusively for the purposes of processing the order for which you provided the information.
- Booker Tools abides, in full, by the GDPR (General Data Protection Regulation) Act of 25 May 2018. This Act protects your privacy.
J. LIMITATIONS OF LIABILITY
- In no event shall the liability of Booker Tools as the consequence of this agreement, exceed the total amount paid by you hereunder or, with respect to any single incident. The foregoing shall not limit your payment obligations for fees and payments for services.
- In no event shall either party have any liability to the other party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.
K. TERM AND TERMINATION
- This Agreement commences on the date you accept it and continues until all user subscriptions granted in accordance with this agreement have expired or been terminated. If the user uses the services for a free trial period and does not purchase a subscription before the end of that period, this agreement will terminate at the end of the free trial period.
- Subscriptions purchased commence on the start date specified in the applicable order form and continue for the subscription term specified therein. Except as otherwise specified, all subscriptions shall automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 7 days before the end of the relevant subscription term. The per-unit pricing during any such renewal term shall be the same as that during the prior term unless we have given you written notice of a pricing increase at least 30 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter.
- A party may terminate this agreement for the following causes: upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
L. GOVERNING LAW AND JURISDICTION
- This agreement shall be governed by and construed in accordance with the laws of Belgium and the parties hereby submit to the exclusive jurisdiction of the Belgian courts.
- Except as otherwise specified in this agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: personal delivery, the second business day after mailing, or the first business day after sending by email (provided email shall not be sufficient for notices of termination or an indemnifiable claim).
- Notices to the user shall be addressed to the system administrator designated to your relevant services account, and in the case of billing-related notices, to the relevant billing contact designated by the user.
M. CONTACT US
- If you have any questions regarding these terms and conditions, this software application or other related matters, please contact us at:
Code Fairies Bvba