We are Novellic Limited (cn: 08253765) with registered office address is at Acre House, 11/15 William Road, London NW1 3ER, the creators of the Novellic app (the ‘app’) and website (the ‘website’).
To contact us email us at firstname.lastname@example.org.
- This agreement
- By using or subscribing to our website you enter into a binding contract with us on the following terms and conditions.
- Please read these termscarefully before you place any orders on our website, as they set out important information about your and our rights and obligations. Please note that you must agree to these terms before you place your order.
- When placing an order on behalf of a business, you confirm that you have authority to place such order for and on behalf of that business.
- We may make changes to these termsat any time. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
- Our contract with you
- These terms and conditions (Terms) apply to the order by you and supply of services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- Our services
- We will make available to the app users, the information provided by you, relating to the books that you provide to us, to market through the app (Publisher Content). We will make the Publisher Content available for users to search and interact with and we may include it in our curated collections and reader recommendations (as defined on the website).
- Subject to your Order (defined below), we will also provide some or all of the following services:
- the Subscription Services defined on the website; and/or
- the Promotion Services defined on the website.
(Together, the Services)
- We will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your Order in all material respects.
- We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such amendment.
- We warrant to you that the Services will be provided using reasonable care and skill.
- We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation (defined below), but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
- Placing an order and its acceptance
- You can sign up to a Subscription Service or Promotion Service, by following the onscreen prompts and placing your order (Order). You may only submit an Order using the method set out on the site. Each Order is an offer by you to buy the Services specified in the order subject to these Terms.
- Our acceptance of your Order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
- If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
- Your obligations
- It is your responsibility to ensure that:
- the terms of your Order are complete and accurate;
- you cooperate with us in all matters relating to the Services;
- you provide us with such information and materials we may reasonably require in Order to supply the Services, and ensure that such information is complete and accurate in all material respects; and
- you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start.
- The price for each of the Services shall be set out on the website and within the Order.
- By agreeing to any of the Subscription Services and/or Promotion Services, you agree to pay our charges at the rate applicable from time to time and stipulated on the website.
- If you fail at any time to pay any subscription or promotion charges due in accordance with the Contract we may, in our discretion and without prejudice to our other rights, deny you access to those services which are exclusively available under the Subscription Services and/or Promotion Services. We need not provide you with advance notice in such circumstances.
- Payments for Subscription Services will be made monthly in advance. To make payments, please follow the prompts on the website.
- Payments for Promotional Services will be made upon placing the order. To make payments, please follow the prompts on the website.
- Privacy and your personal information
- It is your responsibility to ensure that:
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the app. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
- Intellectual Property
- For the purpose of these Terms, Intellectual Property Rights means: copyright, patents, know-how, trade secrets, trade marks, trade names, design rights, rights in get-up, rights in goodwill, rights in software, rights in Confidential Information, rights to invention, rights to sue for passing off, domain names and all other intellectual property rights and similar rights and, in each case: (a) whether registered or not; (b) including any applications to protect or register such rights; (c) including all renewals and extensions of such rights or applications; (d) whether vested, contingent or future; (e) to which the relevant party is or may be entitled, and (f) in whichever part of the world existing.
- You warrant that you are the author and sole owner of the Intellectual Property Rights in the Publisher Content, or that you have been granted the relevant permissions to use the Publisher Content on the app. You warrant that the Publisher Content does not contain any unlawful content, nor does it violate the rights of any third party.
- You grant us a non-exclusive, royalty free, revocable licence to use the Publisher Content in connection with the Services the Contract.
- You agree to indemnify us from and against any losses, damages, liability, costs and expenses (including reasonable professional fees) incurred by it as a result of any action, demand or claim that performance or benefit of the Services infringes the Intellectual Property Rights of any third party (IPR Claim).
- If any IPR Claim is made or is reasonably likely to be made, we may at our option:
- procure for the you the right to continue receiving the benefit of the relevant Services; or
- modify or replace the infringing part of the Services so as to avoid the infringement or alleged infringement, provided the Services remain in material conformance to their specification.
- Acceptable use
- You must not use the website to do any of the following things:
- break the law or encourage any unlawful activity;
- send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
- infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
- transmit any harmful software code such as viruses;
- try to gain unauthorised access to computers, data, systems, accounts or networks; or
- deliberately disrupt the operation of anyone’s website, app, server or business.
- Changes to this agreement
- We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
- You will be asked to agree to any material changes in advance by an email notification. If you do not accept the changes, you will not be able to use the website.
- External services
- The website may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
- We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
- You must not use external services in any way that:
- is inconsistent with these terms or with the terms of the external service; or
- infringes our intellectual property rights, or the intellectual property rights of any third party.
- From time to time, we may change or remove the external services that are made available through the app.
- Our responsibility to you
- If we breach this contract or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
- We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
- Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
- Failures of networks or hardware
- You must not use the website to do any of the following things:
The website and app rely on a number of things working properly to enable you and the app users to enjoy all of its features. Many of these, such as your internet connection or your device, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the website or app due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.
- Ending this agreement
- We can end this agreement if you do not comply with any part of it.
- We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the website/ app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
- The consequences of the agreement ending are as follows:
- you are no longer allowed to use the website and we may remotely limit your access to it;
- you must delete it from any devices that it has been installed on;
- we may delete or suspend access to any accounts that you hold with us; and
- you are not entitled to a refund.
- We may terminate the Services immediately if you are in material breach of any of these Terms and in particular upon any failure by you to pay the fees for the Subscription Services and/or Promotion Services in accordance with these Terms.
- You may terminate the Services at any time on 30 days’ notice to us by following the prompts within the app. If you are terminating a Subscription Servies then the services will continue for the remainder of the calendar month in which termination is notified, after which they will be terminated and you will not receive any refund in payment for the remainder of that calendar month.
- Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
- Third parties
No one other than us or you has any right to enforce any term of this agreement.
- Transferring this agreement
- We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
- You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
- Entire Agreement
- The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- Governing law and jurisdiction
- The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
- Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
- Support and contact
- If you need to get in touch with us, you can use any of the following methods:
Our support pages
Acre House, 11-15 William Road, London NW1 3ER
- If we need to get in touch with you, we will do so by email or telephone if provided.