Our Seller Terms & Conditions

Hello, thank you for visiting our terms.

It is important to understand the services we offer and the contract we have with you by using this site. We have outlined our seller terms below, please make sure you understand them. If you have any questions, then you can contact us here.


SELLER TERMS OF USE

Last updated: 1st May 2017

INTRODUCTION

These Seller Terms apply to all enquiries and purchases made on the website www.bookadrone.co.uk (the “Site”). These terms set out how Site works and describe any associated rights and responsibilities.

The Bookadrone Website Terms of Use available at www.bookadrone.co.uk/terms (which you agree to when using the Site) and any instructions, guidance and similar information found on the Site also apply to how you use the Site and form a part of these Seller Terms. These Seller Terms form a legal agreement between you and Bookadrone, 2nd Floor Talbot Court, London, EC3V 0BP, United Kingdom (“we”, “us”, “our” or Bookadrone).

Key Terms

The Site allows potential customers to view, select and contact you and other drone operators.

This Site provides a way for you to sell your services directly to users and the contract will be between you and the users and you will be responsible for complying with these rules. We are not directly involved in the transaction between you and your customers. We will take a percentage of the purchase price in order to maintain and run the Site and related services.

You may upload details of the equipment which you have available, your location, availability and expertise so users can easily find and reserve your services.

We are committed to building a safe and dependable marketplace for drone services, and so it is a requirement that you provide us with copies of your PFAW (Permission for Aerial Work issued by the Civil Aviation Authority) which we may check against the official CAA register, and also a copy of your insurance. If you offer your services abroad, we also expect you to hold adequate insurance and comply with equivalent laws in the relevant jurisdictions.

As you should be aware if you are operating a drone for customers, you will need to comply with all the relevant laws regulating those services. By making your services available through the Site you warrant that you comply with all relevant laws, and maintain all necessary licences, consents and permissions to perform your services.

To help you ensure that your documentation remains current, we may issue you with reminders from time to time, based on our understanding of when renewals fall due. However, to protect users of the Site, we reserve the right to suspend or terminate your access to the Site and your listing if we reasonably believe that your insurance or PFAW have expired.

If you are subject to inspections, action or enforcement from the CAA or any similar authority you are required to notify us immediately with details.

  • 1. INTERPRETATION

  • 1.1 The following definitions apply to this Agreement:
  • 1.1.1 “Agreement” means these Seller Terms, the Buyer Terms, the Bookadrone Website Terms of Use, the Privacy and Cookies Policy, and any instructions, guidance and similar information found on the Site (from time to time).
  • 1.1.2 “Business Day” means any day on which the clearing banks in the City of London are open for business.
  • 1.1.3 “Buyer” means a person which visits or registers with the Site and may go on to buy a Service.
  • 1.1.4 Bookadrone, “we”, “us” or “our” means Bookadrone.
  • 1.1.5 “Media” means any audio, visual or literal material supplied to a Buyer or to us by a Seller as part of the Services, including all meta-data.
  • 1.1.6 “Service” means any service involving the operation of a drone and/or the delivery of any Media, which a Seller makes available on the Site.
  • 1.1.7 “IPRs” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  • 1.1.8 “Order” means an order made for a Service by a Buyer via the Site.
  • 1.1.9 “Rate Card” means details of the Services available from a Seller and how they are priced.
  • 1.1.10 “Seller”, “you” or “your” means the person or company who has registered with the Site to sell Services.
  • 1.1.11 “Seller Terms” means these terms of use.
  • 1.1.12 “User” means any person who uses the Site, including Buyers and Sellers.
  • 1.1.13 “User Content” means content made available through the Site by Users.
  • 1.1.14 “Your Content” means any content, or other materials or information which you submit to the Site.
  • 1.2 In this Agreement, a reference to:
  • 1.2.1 a “person” also includes a reference to businesses, companies and other types of associations; and
  • 1.2.2 “include” and “including” (or similar) will be deemed to have the words “without limitation” after it.
  • 2. REGISTRATION, ACCOUNT AND PASSWORD

  • 2.1 You may only register as a Seller if you:
  • 2.1.1 comply with all relevant laws, Including all relevant aviation, privacy, health and safety legislation applicable to the sale of Services;
  • 2.1.2 have registered with the Civil Aviation Authority and obtained, and maintained, Permission for Aerial Work and are able to provide us with a copy on request;
  • 2.1.3 have in place adequate insurance; and
  • 2.1.4 where you offer to deliver Services in countries outside of the UK, you comply with clauses 2.1.1-2.1.3 above in all respects in accordance with the laws of those other jurisdictions, including that your insurance extends to delivering services in those countries, and that you are registered with and have authorisation from any official body in those countries which occupies a similar role to that of the CAA.
  • 2.2 You may only use your membership for your own benefit or the benefit of the company on whose behalf you are signing up (if applicable). By using the Site you confirm that you are either duly authorised to agree to these Seller Terms on behalf of your company, or that you are not acting for the benefit of any other person. You must be over 18 years of age in order to register as a Seller and have a bank account or PayPal Account.
  • 2.3 To register as a Seller, you will need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address for your Site account (“Account”).
  • 2.4 The Username and Password will be allocated to you if you successfully apply for registration as a Seller. Only we can decide whether applications will be successful. You will need your Username and Password to access some parts of the Site. Your Username and Password are personal to you and must not be disclosed.
  • 2.5 You must ensure that all information about you that is held by us is true, complete, not misleading and up to date. You can amend your registration details at any time through the Site.
  • 2.6 We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Site under your Account
  • 2.7 We may from time to time request additional information and documentation from you in order to verify your identity.
  • 2.8 You may only hold one Account. If you forget your Username or Password, you can use the Site’s password recovery function or contact us and we will provide a replacement password.
  • 2.9 Do not share your Password with any other person or allow any other person to use your Account. We are not liable for any improper use of your Password or Account or any use of your Password or Account by any other person. If you think any other person knows your Password, or that your Account has been used by any other person, you must inform us immediately.
  • 2.10 If you do not log into your Account for 12 months, or in our absolute discretion have or are likely to misuse your Account or breach these Seller Terms, we may terminate the Account.
  • 3 RESTRICTIONS AND OBLIGATIONS

  • 3.1 You agree to comply with all applicable laws and regulations, these Seller Terms and all rules applicable to the use of the Site.
  • 3.2 You agree not to:
  • 3.2.1 use the Site to offer for sale or deliver Services for, or in connection with, any military purpose;
  • 3.2.2 impersonate any other person or entity;
  • 3.2.3 falsely describe or otherwise misrepresent yourself (including your age and personal circumstances);
  • 3.2.4 falsely describe your affiliation with another person or entity;
  • 3.2.5 use or attempt to use another’s account;
  • 3.2.6 solicit personal information (including passwords and banking information) from another person;
  • 3.2.7 use the Site to find or contact a Buyer and then contract with that Buyer other than through the Site to offer or sell services involving the operation of a drone or delivery of Media, for the purpose of avoiding payment of the commission we collect.
  • 4 PAYMENTS FOR SERVICES

  • 4.1 You may sell Services on the Site, enabling the Site to be used as a platform on which transactions with Buyers can take place. We are therefore providing a forum in which you can enter transactions with Buyers. From time to time, Buyers contact us in relation to larger scale or bespoke arrangements, in which case our enterprise sales team may get in touch with you. If your discussions with a Buyer indicate that their needs go beyond the platform offered by the Site (for example, if they would like to negotiate different licensing terms), please contact our enterprise sales team at [email protected] or 020 3287 8004.
  • 4.2 You can use the Site to offer Services to Buyers. During the booking process you will be required to submit details about your Services and your Rate Card. If you wish to amend this Rate Card you will be able to do this through the booking portal or by contacting us.
  • 4.3 Buyers may make an Order to purchase a Service directly from you, and this is an offer from Buyers to enter a contract with you. The Order will be calculated in reference to the information provided by you including your Rate Card. In some cases, a Buyer may make an Order using our generic order form, and you may be given an opportunity through the Site to accept that Order based upon your availability and location. If you accept any Order, you will be entering a contract with that Buyer.
  • 4.4 Once you accept an Order the Site will send the Buyer confirmation of your acceptance and an invoice asking the Buyer to pay us the full amount, if any, applicable to that Order. Once you have completed the Services, and the Media has either been streamed in real-time to the Buyer or their intended audience, or the Media has been transferred to the Buyer directly, or you have supplied us with the Media so that we might make it available to the Buyer, or such other method of completion of the Services as may have been agreed in the Order, you may request payment of the balance of the Fees by the Buyer through your Account.
  • 4.5 Subject to your compliance with these Seller Terms once the Buyer confirms that the Services are complete, and makes payment of the balance of the Fees to us, payment will be made to you via bank transfer or our payment provider.
  • 4.6 Our fees, and the fees of any payment gateway or payment processing service providers, will be deducted automatically from payments made by Buyers before we transmit the balance to you.
  • 4.7 Our fees are 12% of the Fees charged by you for the Services, and are not refundable and exclude VAT (which, if applicable, will be charged at the appropriate rate) and the fees of any payment gateway or payment processing service providers.
  • 4.8 We will issue self-billing invoices in respect of Services automatically once we have made payment to you.
  • 4.9 All self-billing invoices will include your name, address and VAT registration number, as well as all the other details that make up a full VAT invoice. If our VAT number changes, we will enter a new self-billing agreement with you (in accordance with the requirements of HMRC). We will inform you if the issue of self-billed invoices will be outsourced to a third party.
  • 4.10 You agree for the term of this Agreement:
  • 4.10.1 to accept the invoices we issue on your behalf;
  • 4.10.2 not to raise sales invoices for matters covered by this Agreement; and
  • 4.10.3 to notify us immediately if you change your VAT registration number, become or stop being VAT registered or sell your business or part of your business.
  • 5 CANCELLATION, RENEWALS AND REFUNDS

  • 5.1 Under certain circumstances we, or a Buyer, may need to cancel or postpone the Services:
  • 5.1.1 a Buyer may cancel an Order within 14 days, provided that you have not supplied the Services, this is to ensure compliance with consumer protection legislation;
  • 5.1.2 Buyers may also cancel an Order after 14 days of placing it, subject to payment of the following amounts:
  • 5.1.2.1 where cancellation occurs within 5 Business Days of the date the Services are due to commence, our terms with Buyers provide that they will not receive a refund of any amounts which they have paid to us already;
  • 5.1.2.2 where cancellation occurs more than 5 Business Days before the date the Services are due to commence, our terms with Buyers provide that they will receive a refund of 50% of any amounts which they have paid to us already;
  • 5.1.2.3 where cancellation occurs more than 10 Business Days before the date the Services are due to commence, our terms with Buyers provide that they will receive a refund of 75% of any amounts which they have paid to us already;
  • 5.1.3 we may find it necessary or reasonable to cancel the Services at our sole discretion under extenuating circumstances, including but not limited to where a complaint is made against you, or you are prevented from reasonably providing those Services on the agreed terms due to lack of insurance or regulatory approval, or otherwise.
  • 5.2 You agree to give effect to the refund and cancellation policy described in clause 5.1, and that we may refund to Buyers any or all monies which they have paid to us in respect of an Order in the event that they request cancellation of that Order in accordance with these Seller Terms or the Buyer Terms available here.
  • 6 INTELLECTUAL PROPERTY

  • 6.1 You hereby grant us a licence to use all content, materials and IPRs in or relating to the description of a Service which you advertise through the Site or which you otherwise provide to us through the Site (including any trade marks contained in a Service description) to the extent necessary for us to:
  • 6.1.1 comply with our obligations under this Agreement;
  • 6.1.2 operate the services of the Site;
  • 6.1.3 display the Services on the Site.
  • 6.2 The licence at clause 6.1 is sublicensable, transferable, royalty free, perpetual, irrevocable, worldwide, and includes the right for us to use, modify, reproduce, produce derivative works of, publish (in any format), transmit and market any of your descriptions of the Services in connection with our provision of the services of the Site.
  • 6.3 You hereby assign to us, by way of present assignment of present and future rights, with full title guarantee, all IPRs in any Media you supply to us or to a Buyer in the course of providing the Services. You also irrevocably waive all moral rights in the Media to the extent permitted by law.
  • 6.4 We are the owners of the Bookadrone name and logo trade marks, and you shall obtain our written permission before using those trade marks for any purpose.
  • 6.5 You represent and warrant that you have the right to enter into this Agreement and to grant the rights set out in this clause 6.
  • 7 THE RELATIONSHIP BETWEEN BOOKADRONE, YOU AND BUYERS

  • 7.1 All Services are sold on the basis of a contract between you and the Buyer. We are not a party to any contracts or transactions you may enter with Buyers. We are not the buyer of any Services made available on the Site or displayed on the Site. This is the case whether or not the transaction for Services takes place on the Site or externally.
  • 7.2 Services may be offered subject to any reasonable, lawful and enforceable additional terms that you request.
  • 7.3 All terms applicable to the sale of any Services must be properly brought to the Buyer’s attention, with key terms given additional prominence.
  • 7.4 We have no control over and are not responsible for:
  • 7.4.1 any failure by you to make good any offer of a Service or Media;
  • 7.4.2 any failure by a Buyer to pay for any Services or Media;
  • 7.4.3 any failure by a Buyer to provide any information, equipment, environment, or other facility which you may require to supply the Services.
  • 8 WARRANTIES

  • You warrant and undertake that:
  • 8.1 you will comply with all applicable laws and regulations, including those relating to aviation, health and safety, data protection, data privacy, ecommerce, distance selling, and direct marketing;
  • 8.2 you will provide all information we reasonably require to:
  • 8.2.1 identify you and your legal and beneficial owners (as applicable);
  • 8.2.2 identify the specific nature of any Services you are offering including details of the type of equipment you have available, your location, your availability, your staff, and experience;
  • 8.2.3 conduct due diligence about you and your Services, including regarding your corporate governance and financial standing (if applicable); and
  • 8.2.4 prevent fraud and money laundering.
  • 8.3 The information you provide under clause 8.2 will be true, accurate and not misleading and will be kept up to date for the term of this Agreement;
  • 8.4 you will not:
  • 8.4.1 make orders in respect of your own Services;
  • 8.4.2 falsely describe or otherwise misrepresent yourself or your Services;
  • 8.4.3 use or attempt to use another’s account; or
  • 8.4.4 solicit personal information (including passwords and banking information) from another person;
  • 8.5 in producing, distributing, performing and marketing the Services and Media you will exercise reasonable care, skill and diligence in accordance with best practices in the media and drone operation industries. You will provide Users with accurate information in relation to the Services.
  • 8.6 all Services and Media will:
  • 8.6.1 correspond with their descriptions;
  • 8.6.2 comply with all relevant aviation, privacy, health and safety and other legislation;
  • 8.6.3 be of satisfactory quality and fit for any specified or implied purpose; and
  • 8.7 You own all rights including all IPRs in Your Content (including your associated branding materials) used to market and distribute the Services.
  • 8.8 You have and will maintain all the licences and authorisations necessary to comply with your obligations under this Agreement or otherwise relating to the Services.
  • 9 PROVISION OF INFORMATION

  • 9.1 When an Order is made, we will pass the Username of the Buyer on to you along with their Order.
  • 9.2 If you require more information from a Buyer, you should request this information from the Buyer directly via the comments feature.
  • 10 DATA PROTECTION

  • 10.1 In this Agreement, the terms “Data Controller”, “Data Processor”, “Data Subject”, “Personal Data”, “Process” and “Processing” have the meanings given to them in the Data Protection Act 1998 (the “Act”).
  • 10.2 Each party will comply with its respective obligations under the Act and any data protection, privacy or similar laws that apply regarding any personal data processed in connection with this Agreement. Each party will provide such help and co-operation to the other party as is reasonably necessary or requested by the other party to enable the other party’s compliance with this clause 10.2.
  • 10.3 To the extent that you are a Data Controller and we are a Data Processor, you will ensure that you hold the necessary consents of Data Subjects to:
  • 10.3.1 any Processing undertaken or to be undertaken by us, or on our behalf, under this Agreement;
  • 10.3.2 our transfer of Personal Data outside of the EEA.
  • 10.4 Subject to clause 9.3, to the extent that a party is a Data Controller and the other party is a Data Processor, the party acting as Data Processor will:
  • 10.4.1 process Personal Data only in accordance with the Data Controller’s instructions;
  • 10.4.2 as soon as practicable, notify the Data Controller of any notice it receives regarding the processing of Personal Data;
  • 10.4.3 not transfer the Personal Data outside the EEA without the Data Controller’s prior written consent;
  • 10.4.4 as soon as practicable after becoming aware, inform the Data Controller if any Personal Data is lost, damaged or unlawfully processed;
  • 10.4.5 notify the Data Controller within 5 days of receipt of a request from a Data Subject for access its Personal Data; and
  • 10.4.6 take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data.
  • 10.5 You will not do or omit to do any act which may cause us to be in breach of any of our obligations under the Act.
  • 11 DISPUTES

  • 11.1 If you have any dispute with a Buyer, you should take this up with the Buyer directly.
  • 11.2 We have no obligation to mediate or attempt to settle any disputes, but in some instances we may do so. Whether or not we decide to mediate is totally up to us. If we decline to do so, we do not have to give any reasons for this decision and our decision is final.
  • 12 LIABILITY

  • 12.1 We provide and maintain the Site on an “as is” and “as available” basis and we are liable only to provide our services with reasonable skill and care.
  • 12.2 We give no other warranty in connection with the Site and we disclaim all liability for:
  • 12.2.1 the accuracy, currency or validity of information and material contained within the Site including in the description of any Services;
  • 12.2.2 the nature of any review or rating which a User may give in respect of your Services or business and any loss or damage to your reputation which may occur as a result;
  • 12.2.3 any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
  • 12.2.4 any interruptions to or error of the Site or other communications network;
  • 12.2.5 the infringement by any other person of any copyright or other IPRs of any third party through any User Content or use of the Site;
  • 12.2.6 the availability, quality, content or nature of external sites;
  • 12.2.7 any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Site or any User Content; and
  • 12.2.8 all representations, warranties, conditions and other terms and conditions which, but for this notice, would have effect.
  • 12.3 We are not liable for the terms of any Services.
  • 12.4 We will not be liable in any amount for failure to perform any obligation under these terms of use if that failure is caused by the occurrence of an event beyond our reasonable control.
  • 12.5 Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
  • 12.6 To the maximum extent permitted by law, we exclude liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware.
  • 12.7 To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Site (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the fees paid by you to us in respect of Listing which you have paid in the 12 months immediately prior to the date upon which the cause of action arose.
  • 12.8 You agree not to use the Site in any way which:
  • 12.8.1 is unlawful;
  • 12.8.2 may give rise to civil or criminal liability for Bookadrone; or
  • 12.8.3 may bring Bookadrone into disrepute
  • 12.9 You hereby agree to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim or allegation arising out of:
  • 12.9.1 your infringement of any IPRs of any third party;
  • 12.9.2 any fraud or fraudulent misrepresentation you commit;
  • 12.9.3 any inaccuracy or defect in any of the information you have provided to us or any of your descriptions of your Services;
  • 12.9.4 any breach of applicable law or regulation you commit;
  • 12.9.5 any breach by you of this Agreement;
  • 12.9.6 death, illness, personal injury or damage relating to the use of or request for any Services from you by a Buyer;
  • 12.9.7 your negligent performance or failure or delay in performance of any obligations owed by you to any Buyer; and
  • 12.9.8 your use of the Site, any of Your Content or any use of your Account (whether or not such use was by you).
  • 12.10 You shall cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
  • 13 SUSPENSION

  • 13.1 Without limiting any other rights we have, we may suspend your access to your Account or the Site at any time and for any reason.
  • 13.2 If we have grounds to suspect that you are using the Site fraudulently or improperly, we will suspend your Account until you are able to demonstrate to our satisfaction:
  • 13.2.1 your identity, the identity of any of your directors and your legal and beneficial ownership (as applicable);
  • 13.2.2 that you have registered with the Civil Aviation Authority (or similar authority in another jurisdiction where you offer to supply Services) and maintain current insurance and Permission for Aerial Work, and are acting in compliance with all applicable laws; and
  • 13.2.3 that no fraud or impropriety has occurred or been attempted
  • 13.3 If you become aware of or suspect another User’s breach of this Agreement, or any fraud or impropriety by another user, you must contact us immediately.
  • 14 TERMINATION

  • 14.1 This Agreement will have effect immediately and will run until terminated by either party.
  • 14.2 Either party may terminate this Agreement at any time for any reason on written notice to the other (including by email).
  • 14.3 We will try to give you reasonable notice of any anticipated termination of the Site.
  • 14.4 Termination will not affect the accrued rights and remedies of either party.
  • 14.5 Clauses which expressly or by implication have effect after termination shall continue in full force and effect.
  • 15 COMMUNICATIONS

  • 15.1 The Site enables the display of third party content, including Users’ ratings of Sellers (“User Content”). The reviews and ratings expressed in any User Content are for information purposes and do not constitute advice from us or reflect our views. To the fullest extent permitted by law we assume no liability for any loss or damage incurred by Sellers and / or Buyers as a result of the User Content.
  • 15.2 You accept that we have no control over the User Content as we do not moderate it. However, if you alert us to inflammatory, erroneous or salacious User Content we may in our absolute discretion remove it from the Site.
  • 15.3 Although we are not obliged to do so, we may remove or reject any User Content.
  • 15.4 You agree that we may process and store any content you submit to the Site (“Your Content”).
  • 15.5 You may send Your Content to other Users of the Site, and other Users of the Site may send User Content to you.
  • 15.6 You agree to the distribution of Your Content by us both internally and externally. Therefore you should ensure that Your Content does not contain information which you intend to keep confidential or private.
  • 15.7 By making available, posting or transmitting Your Content to the Site, you are granting us a nonexclusive, transferrable, sublicensable, royalty-free, irrevocable, perpetual worldwide licence to use and exploit Your Content for any purpose.
  • 15.8 You agree that you are entitled to make available, post or transmit Your Content to the Site.
  • 15.9 You will not make available, post or transmit to the Site any statement, material or other content, nor use the Site in any way, that:
  • 15.9.1 is unlawful or may give rise to civil or criminal liability;
  • 15.9.2 infringes any copyright or other intellectual property right of any third party;
  • 15.9.3 infringes any third party's rights of privacy or rights of publicity;
  • 15.9.4 includes any computer virus or other malicious software;
  • 15.9.5 is abusive, pornographic, defamatory, discriminatory or obscene;
  • 15.9.6 harasses any other person;
  • 15.9.7 interferes with another user's use and enjoyment of the Site;
  • 15.9.8 impersonates any moderator, administrator or any staff or any other person connected with Bookadrone;
  • 15.9.9 contains the confidential information of any other person;
  • 15.9.10 solicits passwords or personal information;
  • 15.9.11 contains video, photographs, or images of any other person without his or her permission or in the case of a minor, the minor's legal guardian);
  • 15.9.12 exploits any other person;
  • 15.9.13 we consider inappropriate; or
  • 15.9.14 encourage or provokes any other person to do any of the acts listed above.
  • 15.10 If you discover any material which you believe contravenes this Agreement, please inform us.
  • 16 GENERAL

  • 16.1 You give us permission to refer to you, any image of you (and you grant us (or waive, as applicable) all necessary rights including but not limited to any copyright, moral rights, performance rights and image rights in your image), and your Services and the Media in our marketing and public relations campaigns including for any promotional videos and images on the Site. It may be necessary for you to submit all of your own marketing and public relations campaigns to us for approval a reasonable time before the marketing or public relations campaigns are intended to be launched through the Site.
  • 16.2 Some features and services of the Site may be subject to additional terms. We will draw these terms to your attention before you use those features or services. Those additional terms will be incorporated into this Agreement when you indicate your agreement to those additional terms.
  • 16.3 We may make alterations to Site or to the Bookadrone Website Terms of Use, the Privacy and Cookies Policy, or these Seller Terms, or any instructions, guidance and similar information found on the Site. If you are not happy with any alteration, you must stop using the Site. If you keep using the Site, this will indicate your acceptance of this Agreement as altered. We may notify key changes to you but you should review the Site, these Seller Terms, the Website Terms of Use, and the Privacy and Cookies Policy from time to time to ensure you are aware of any changes.
  • 16.4 If there is ever a conflict between these Seller Terms and other terms of the Agreement, or any instructions, guidance and similar information found on the Site (from time to time), these Seller Terms will take priority.
  • 16.5 This Agreement constitutes the entire agreement between you and Bookadrone relating to your use and trading through the Site, to the exclusion of any other terms.
  • 16.6 We will communicate with you at the email address you have provided or through other means of communication provided by the Site. Notices that are applicable to all our customers shall be made available on the Site publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Site. We will be deemed to have received a notice when we issue confirmation to you.
  • 16.7 All emails (or other messages) we send are intended for the addressee only.
  • 16.8 This Agreement is subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. This Agreement will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
  • 16.9 Bookadrone will be entitled to assign and otherwise transfer the Agreement by giving you reasonable notice, which may include notice given via the Site.
  • 16.10 We may deduct any monies you owe us from any monies we owe you.
  • 16.11 Our failure to enforce any term of this Agreement does not constitute our waiver of that term.
  • 16.12 If any part of this Agreement is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect
  • 16.13 The Site is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Site complies with the laws of any other country.
  • 16.14 This Agreement is subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
  • 16.15 All questions, comments or enquiries should be directed to us and we will try to respond to within 48 hours.