Last Updated: August 2019
BY USING THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND YOU UNDERSTAND AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE. We reserve the right to modify these Terms without prior notice, and your use of this Site binds you to the changes made.
The organization which you represent may sign up to receive certain services from us. For example, it may sign up to Batch Payments, our invoice payment and data system, and Batch Returns, our system which allows booksellers to submit online return requests and get authorization to return books from suppliers, on our Site. Access to and use of these services is also governed by the applicable terms and conditions in place between your organization and us.
As a condition of your use of the Site, you will not use the Site, or any contents, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the "User Conduct" section. You may not use the Site or content in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party's use of the Site. You may not attempt to gain access to any portion of the Site, or any of its contents, other than those for which you are authorized.
We may update, change or delete the Site or its content at any time for any reason, without notice.
ACCESS TO OUR SITE.
Our Site is made available free of charge. Parts of our Site are only accessible via a login section on our Site. You require login details and password to access such parts of our Site. We may provide you with such login details when you register to use and receive certain services on our Site.
Access to the login section via our secure portal BatchOne, on our Site is only given to representatives of those organizations that have agreed to the terms and conditions applicable to those services (such as Batch Payments and Batch Returns).
WE MAY SUSPEND OR WITHDRAW OUR SITE.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, where possible.
The Site content may also be out of date, inaccurate or incomplete. The Site may contain defects or viruses or other harmful components. While every effort is made to keep computer viruses and harmful materials off our Site, you should take reasonable and appropriate precautions to scan for computer viruses or otherwise protect your computer, and you should ensure that you have a complete and current backup of the applicable items on your computer. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made to allow smooth and continuous operation of the Site, we will not be liable if this Site is unavailable at any time, and we do not warrant that this Site will operate error free.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
HOW YOU MAY USE MATERIAL ON OUR SITE.
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it (including all intellectual property rights relating to Batch Payments and Batch Returns). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Granting you access to the Site should not be construed by you as the grant of any express or implied license, right or permission to use the Site or its content.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organization to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors. You may access via our secure portal BatchOne and use Batch Payments and Batch Returns on behalf of the organization you represent via our Site subject to the applicable terms and conditions in place between us and your organization.
Batch For Books reserves the right, in its absolute discretion, to reject any requests for such content or materials, or to discontinue the provision of such content or materials to any person, for any reason whatsoever.
Batch For Books is not responsible whatsoever for any loss or damage arising in any way from the downloading from the Site or any use of the content on the Site.
By submitting a telephone number to Batch For Books, you agree that a representative of Batch For Books can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our Services.
When using our Site, you shall not send to or from the Site:
- Content for which you have not obtained all necessary consents;
- Content that is discriminatory, obscene, pornographic, defamatory, likely to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;
- You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, our services, the server on which our Site is stored, or any server, computer or database connected to our Site.
- You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will fully cooperate with any law or court order requiring us to disclose the identity or other details about any person posting materials to our Site in breach of this section.
- You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.
We will report any such breach to the relevant law enforcement authorities, and we will co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Website in breach of this Section.
In the event of such a breach, your right to use our Site will cease immediately.
DO NOT RELY ON INFORMATION ON THIS SITE.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied that the content on our Site is accurate, complete or up to date.
THIRD PARTY LINKS.
We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US.
Our Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms or feature comments written by others, including via our Twitter feed. This information and these materials and comments have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
If you wish to complain about such information and materials, please contact us on firstname.lastname@example.org.
THE SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. BATCH FOR BOOKS MAKES NO WARRANTIES IN THESE TERMS, ON THE SITE OR IN THE CONTENT ON THE SITE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, IN NO EVENT SHALL BATCH FOR BOOKS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT CONTAINED ON THIS SITE OR FROM ANY OTHER CAUSE. ALL CLAIMS FOR SUCH DAMAGES ARE HEREBY SPECIFICALLY WAIVED, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, IN NO EVENT SHALL BATCH FOR BOOKS’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT CONTAINED ON THIS SITE EXCEED $1.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU.
Whether you are a consumer or a business user:
- 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 and for fraud or fraudulent misrepresentation.
- The information included in or available through the Site may include inaccuracies or typographical errors. Changes are added periodically to the information herein. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Site for any purpose.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption; loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- or any indirect, consequential, incidental, or punitive losses or damages.
If you are a consumer user:
- Please note that we only provide our Site and our services to organizations for commercial or business purposes. Where you browse our website as a consumer, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, our services, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our 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 any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section. In the event of such a breach, your right to use our Site will cease immediately.
RULES ABOUT LINKING TO OUR SITE.
You may link to our home page, 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.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
Batch For Books makes no representation that the content of this Site is appropriate or available for use outside the United States. If you have chosen to access this Site from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent local laws are applicable.
We strongly encourage you to contact us if you’re having an issue, before taking legal action. In the rare occasion where legal action does arise, these Terms (and all other policies) concerning the construction, validity, and interpretation of these Terms and the performance of the obligations imposed by these Terms will be governed by and construed in accordance with the laws of the State of Connecticut, United States of America. Any and all disputes arising out of or related to the use of this Site, including, without limitation, questions concerning the construction, enforceability, validity, and interpretation of these Terms will be finally resolved by arbitration conducted in the English language in Hartford, Connecticut, United States of America, under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator, a retired judge who presided in the State of Connecticut. All decisions of the arbitrator shall be final and binding on both parties. Any application to confirm, vacate or modify the award shall be made to a court within the State of Connecticut. Notwithstanding the foregoing, Batch For Books shall be entitled to seek and obtain provisional or ancillary remedies such as injunctive or equitable relief from a court of competent jurisdiction before, during or after the pendency of any arbitration. The cost of the arbitration shall be borne equally by the parties.
In the event that any of the provisions of this Agreement is unlawful, void or unenforceable, the provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to defend, indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation, any trademark, copyright or other proprietary or privacy right.
OUR CONTACT INFORMATION:
Batch For Books Inc.
100 Pearl Street
US Cell (833) 426-2164
Tel: +44 (0)20 7421 4660
Fax: +44 (0)20 7430 9559