Terms of Service

These terms and conditions (the “Terms of Service”) relate to e-book publishing and reseller services, including any other services as well as the updates and new features that will continuously be added to any of these online shop services (collectively the “Service”) provided by KöWeSo, org. no 771223-3936, [Ledsnäcksgränd 8, 21631 Limhamn, Sweden] (“Booqla”) to its users of the Services (the “User”), enabling the User to create, edit, sell and download e-books created on Booqla

By at any time clicking “I AGREE” or such other button, link or click-through when creating an account for the Service (an “Account”), or, in relation to a specific Application, when using such Application to a specific account, the User is deemed to have accepted to be bound by these Terms of Service. If Booqla has, e.g. as part of a marketing campaign or similar, provided a service free of charge to certain Users, such Users shall be deemed to have accepted to be bound by these Terms of Service in relation to such service at the time of receipt of such service.

Payment

Currently all conversions made on Booqla are free of charge. When payment will be required to convert a manuscript payment will not be asked for for old titles, only new from the date of implementing the payment requirements.

Account

The User is solely responsible for maintaining the confidentiality and security of its Account, and for all activities that occur on or through its Account, and the User agrees to immediately notify Booqla of any security breach of its Account. Booqla shall not be responsible for any losses arising out of the unauthorized use of the User’s Account.

The User agrees to provide accurate and complete information (“Registration Data”) when registering with Booqla, and update such Registration Data to keep it accurate and complete. The User agrees that Booqla may store and use the Registration Data it provides for use in maintaining and charging fees to the Account.

Scope of License

Booqla grants to the User a nonrevocable, exclusive, transferable, not limited-in-time license to use the ebooks created when purchased and paid for.

Booqla reserves the rights to:
To refuse any person or legal entity the rights to use or create a Booqla user account.

User Responsibilities

The User confirms that he/she is 18 years old or older and that he/she has fully understood the risks and challenges connected with selling products and services online.

The User shall procure that its user identity and password is not disclosed to third parties.

The User undertakes to not use the Service or any Applications for other than the intended purpose or in breach of these Terms of Service. The foregoing include an undertaking not to exploit, reproduce, copy, resell, claim association, duplicate, imitate the Service or any Applications or any aspect of these. Furthermore, the User undertakes not to use the Service for any illegal, immoral or unauthorized purposes or in ways that are in conflict with applicable laws of the country in which the User is active, and/or trades with as well as the laws of Sweden.

The User may not use Booqla’s name and/or trademark unless permitted by Booqla in writing.

In the event the User breaches these Terms of Service, Booqla has the right to at any times cancel the User’s Account and/or usage of any Application and delete any information associated to it. Further legal actions may be taken.

User Content

The User warrants that it has the necessary rights and/or third party consents to freely use any content which the User provides to the Service or any Application (“User Content”). The User accepts full responsibility for User Content that the User uploads or in other ways makes available via the Service and/or the Applications.

The User accepts that User Content may be transferred unencrypted across various networks and sold through the affiliate network ”Minimart”. For more information see section ”Minimart”

The User may not transfer any harmful code or other content that can damage the Service and/or the Application, nor may the User publish any material that is deemed to damage the Booqla brand or in anyway imply association to Booqla.

Booqla claims no intellectual property rights over the material which the User publishes or provides to the Service or any Application. The User has the right to delete its store and any material associated to it at any time. Booqla was built to be an easy way to create and sell e-books.

Intellectual Property Rights

The Service, the Booqla Applications and all content provided by Booqla on the website (including layout) is protected by Swedish and international intellectual property law. Unless otherwise informed by Booqla, all such material is either owned by or has been licensed by Booqla.

The User may print single pages from Booqla’s website. However, the User may not in any other way copy, reproduce, publish, upload, send, adapt, transfer or distribute any themes, material or information from the website without Booqla’s prior written consent.

Indemnification

The User agrees to hold Booqla, Booqla’s affiliates, subsidiaries, partners, agents, officers, directors, employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User’s breach of these Terms of Service, or the User’s violation of any law or the rights of a third party.

Digital goods

Liability for Damage

Subject to what is stated below, Booqla is liable for direct damage that the User suffers as a result of Booqla’s negligence or breach of these Terms of Service. However, such damage shall be limited to the total amount of compensation that, at the time of the damage, has been paid by the User to Booqla for the applicable Service or Application. Booqla shall never become liable for any indirect damage suffered by the User, such as loss of profit, loss of production or any other consequential loss.

The User accepts that the Service provided is on an “as is” and “as available” basis. Booqla does not guarantee that the Service will be error-free, to the User’s satisfaction and expectations, available at all times, accurate or reliable. The User understands that errors in the Service may not be corrected. Booqla may from time to time remove Applications for indefinite periods of time, or cancel Applications at any time for technical or operational reasons and will, to the extent practicable, notify the concerned User thereof. Furthermore, Booqla does not warrant that Applications will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Booqla disclaims any liability relating thereto.

Furthermore, Booqla assumes no responsibility in relation to:
•any damages relating to the quality of any products, services or information provided, purchased or in other ways obtained through the Service.
•any damages that occur as a result of the User failing to maintain the security of his or her account or password.
•any damages relating to third party services provided in, via or in connection to the Service such as, but not limited to, payment providers.

The User has not relied on any warranties or representations regarding the Service. Thus, Booqla shall have no liability under these Terms of Service (including but not limited to liability for defects under the Swedish Sales of Goods Act (1990:931)), except as expressly stated in these Terms of Service. No other sanctions under the Sales of Goods Act (including but not limited to right to damages or termination) or any other law, general contractual principles or otherwise shall be available to User.

Notwithstanding the above, Booqla shall always be liable for direct damages that Booqla causes by intent or gross negligence.

Warranty. Digital services

1.The customer shall in all cases be obligated to inspect the supplied data immediately on receipt to insure conformity with the contract. The same applies to pre and interim corrected data.

2. Booqla offers no refunds on ordered digital goods

3. In case of defect file Booqla will correct the errors free of charge in case the defect is deemed to be because of errors in the Booqla software. Errors because of client tampering with digital file will not be corrected by Booqla.

Technical Support

Any support issues will be handled over email and shall be sent to info@booqla.se. Booqla offers technical support at an additional fee decided on case to case basis

Term

The agreement constituted by these Terms of Service is in force until further notice. The User may at any time terminate these Terms of Service by terminating the account with immediate effect by informing Booqla at info@booqla.com

Amendments

Booqla reserves the right to, from time to time and in its sole discretion, amend the Terms of Service. The User is advised to check Booqla.com/legal, where the latest version will always be available, from time to time for any changes or updates that may impact the User.

Booqla reserves the right at any time to change the prices of the Applications. Booqla will notify the User by email or other means at least fifteen (15) days before the price change. If the User does not agree to the price change relating to a specific Application, the User may cancel or stop using such Application or end the subscription of such Application (as the case may be).

Booqla reserves the right to change, suspend, remove, or disable access to any Application at any time. In no event will Booqla be liable for making these changes. Booqla may also impose limits on the use of or access to certain Applications, in any case and without liability.

Miscellaneous

The failure to enforce any provision or right of these Terms of Service shall not affect any other aspect, right or provision defined by herein. Booqla’s failure to enforce any right or provision hereunder shall not constitute a waiver of such rights and provisions.

If the User is deemed to be a consumer and any part of these Terms of Service is invalid or unenforceable against the User because of applicable mandatory consumer protection laws, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.

These Terms of Service, including the Privacy Policy, contain the whole agreement and understanding between Booqla and the User relating to the Service and/or any Application and supersedes any previous written or oral agreement between Booqla and the User in relation to the matters dealt with in these Terms of Service. These Terms of Service shall substitute any earlier versions of terms of service between the User and Booqla.

Printed goods

Delivery, Passage of Risk

1.The production and delivery times specified on Booqla.com order page are non-binding as presumed dates of completion. Delivery dates are valid only if they are expressly confirmed by us. These times also include the delivery of test printed books.

2. In case client orders a test book printed, the process of complete order will only start when client accepts the test book.

3.The contractor is not liable for compliance with non-binding dates of completion and non-binding dates of delivery. In case of non-compliance with dates of delivery that have been explicitly acknowledged as binding by the contractor, the compensation obligation is limited to the value of order; further claims are ruled out unless the failure to meet the delivery term recognized as binding is based on a deliberate act or gross negligence by the contractor or a legal representative or assistant of the contractor.

4.The delivery time will be automatically extended for all cases involving force majeur as long as the hindrance exists. The term force majeur includes in particular strikes and operational disturbances – especially disturbances in data links – as long as these hindrances have a provable material influence on delivery times. This applies also if the hindrances occur at one of the contracting partners of the contractor. The contractor shall also not be held liable in the aforementioned circumstances if the delay is caused by a pre-existing hindrance.

Payment

1.The prices specified on the Website apply with the caveat that the order details of the customer remain unchanged.

2.If a consignment of items must be sent again due to a customer error or wish, the customer has to bear the resulting costs. If the customer provides a wrong value added tax ID and the delivery is treated as tax free, which the contractor could not have expected to identify using the reasonable care expected of an ordinary businessman, the customer is burdened with the lost tax debt. If the customer is a business with a domicile in a non-EU country, the invoice will be processed without a sales tax certificate.

3.Additional costs for packing, freight, postage, and other shipping expenses can be seen on the price list. Cost for data conversions, test prints, and similar preparatory work that are originated by the customer, will be charged at 40.00 Euro per hour.

4.The indicated payment times apply for the customer.

5.Applicable prices at the time of order placement shall be valid. There will be no special promotion offers.

6.All orders will be realized after full payment has been received by contractor.

7.Subsequent changes, meaning after our order acceptance, will be billed to the customer at 40.00 Euro per hour.

Warranty, Customer Service. Printing services

1.The customer shall in all cases be obligated to inspect the supplied data immediately on receipt to insure conformity with the contract. The same applies to pre and interim corrected data.

2.Obvious defects shall be reported to us in writing by the customer (entrepreneur) within a time period of one week upon receipt of the consignment otherwise the assertion of the warranty shall be excluded. Punctual dispatch suffices to comply with the time limit. Concealed defects that were not detected by the customer during the immediate inspection when goods were delivered shall be reported in writing within the 4 week period after the goods have left the factory.

3.In the case of justifiable claims, consumers have the choice either to have the defects rectified or the goods replaced. We are entitled to refuse the customer-selected supplementary performance if it is only possible with disproportionate costs and another type of the supplementary performance is possible without incurring substantial disadvantage to the customer. We initially guarantee businesses to rectify or replace the defective merchandise at our option. In each case the supplementary performance remains limited to the extent of the order value. The same applies in the case of a justifiable claim for rectification or replacement. In the case that remedy of the default or delay of a replacement is not carried out, or is not successful, the customer shall rescind the contract. Liability for consequential damages shall be excluded.

4.The identification of defects in only a part of the supplied goods does not entitle the customer to a claim on the entire delivery.

5.For deviations in the composition of the materials the contractor is only liable for the amount of his own claim against his sub-supplier. In such a case the contractor is freed of liability as long as he transfers his claim against the sub-supplier to the customer. The contractor then is liable like a guarantor as long as demands against the sub-supplier by default of the contractor do not exist or such demands can not be enforced.

6.If the data given by the customer does not correspond with the requirements of Booqla.com, the guidelines listed in “Print requirements” will be applied.

7.If the customer, even if asked, has not provided a printout of the print files and has not accepted the proofs or proof runs created by us, we are freed of liability. Reclamations in this context will not be accepted.

8.Over or under deliveries within 10% of the amounts ordered must be accepted.

9.Customer Service: We can be reached by telephone from Monday to Friday from 9:00 AM to 5:00 PM, Telephone: +46 40 666 4012 Email: sales@Booqla.com Please be patient if you are unable to reach us immediately due to a high workload on the telephone. You can always contact us per email.

Liability for Damage

1.If the contractor ships the item to a location other than the delivery address specified by the customer, the risk shall be transferred to the customer when the contractor delivers the goods to the forwarding company, freight carrier etc. for shipment to the designated persons or establishments. This does not apply if the customer is the final user.

2.Customer demands for payment of damages are, subject to the following rules, excluded if the damage was caused intentionally or caused by gross negligence. This also applies for slight negligence in breaches of duty by our assignees.

3.The forgoing requirement for a damage statement does not apply if we negligently violated an essential contractual obligation; however, our obligation to indemnify in such a case is limited to the contractually typical predictable damage. The contractor shall particularly not be liable for the loss of potential business profits or potential savings. This applies also to all damages which are caused by our employees, representatives, or assignees. As soon as the item has been handed over to a forwarding agent, freight carrier, or postal service, but at the latest upon its departure from our company premises, the customer shall bear the risk for the item if the customer is not the consumer. The transfer of risk onto the customer also takes place with post paid or free delivery shipments if the customer is not the consumer. Each delivery where external damage is visible should only be accepted by the customer after receiving confirmation of the damages from the freight forwarder or carrier. If this is not done, all claims for damages are forfeited.

4.All originals turned over to us shall be treated with care. We shall be held liable in case of damage or loss of those only to the extent of the value of the raw material. All further demands of every kind are excluded.

5.Ordering a data check: In an order is placed for a data check, we will check your printing data with respect to resolution, bleed, data format and font embedding. You may also order this additional option for every product. We make no guarantee for spelling and typographical errors, color reproduction or problems that may occur if the maximum color application of 300% is exceeded. Basically, print-over settings and the position of folding are also not checked because design considerations may be of paramount importance in this case.

Governing Law and Disputes

These Terms of Service shall be governed by the substantive law of Sweden. Any dispute, controversy or claim arising out of or in connection with the Service or these Terms of Service or the breach, termination or invalidity thereof, shall be determined by Swedish courts.