indibook.com ("the Site") is operated by Indibook Limited ("the Company") which is registered in England and Wales with the registered number 6822896 and has its registered office at Penrose House, 67 Hightown Road, Banbury, Oxfordshire OX16 9BE.
All references to "we", "us", "our", " indibook.com ", "the Company" or to " Indibook " within the Indibook Terms of Service shall mean Indibook Limited.
By registering as a user of and/or accessing or using the Site, you are deemed to have read, understood and accepted the User Agreement and are bound by the terms contained therein. If you do not agree to the User Agreement in its entirety, please do not use or access the Site.
We reserve the right to change any term or condition of the User Agreement at any time. Changes will take effect when posted on the Site. Whilst we will endeavour (but do not undertake) to inform users of any substantive changes, your continued use of the Site after such changes have taken effect will be deemed acceptance by you of the amended User Agreement.
Violation of any of the terms below may result in the termination of your account.
We reserve the right to improve, amend, or suspend the Service provided on the Site at any time without notice.
You are responsible for maintaining the security of your account and password. The Company 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 their own logins under your account).
You may not use the Service for any illegal purpose or to violate any laws in your (and/or the company's) jurisdiction (including but not limited to copyright laws).
You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration 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 you would like.
You must be at least 18 (eighteen) years of age to register on the Site and use the Service. We may use your registration details to verify your identity and entitlement to use the Site and the Services.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You agree to receive those emails from us that we deem essential for the effective provision of the Service. You may opt out of non-essential emails at any time.
You may register on the Site to use the Service as an Individual or a corporate entity by completing and submitting the form on our "registration" page.
Those who register with the Site are hereinafter referred to as "Users".
You are solely responsible and liable for providing accurate and truthful registration details. Indibook Ltd cannot and does not confirm or guarantee the purported identity of Users or the validity or the accuracy of the information which Users post to the Site and accepts no liability or responsibility to Users in respect thereof.
If you register as a corporate entity, you hereby warrant that you have the authority to bind that entity to this User Agreement.
Payment, Refunds, Upgrading and Downgrading Terms
The Service is offered with a free trial. Once that trial is ended, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
You can make secure payment for subscription fees via the Site. Any dispute with regard to the payment of fees should be reported to email@example.com and Indibook Ltd will endeavour to achieve a fair resolution.
We reserve the right to refuse any subscription application, to alter the fee structure and/or to commence or cease charging for any of our Services at any time at our discretion. In the event that we reject a subscription application after we have received the subscription fee we shall refund the fee within fourteen (14) days from the rejection date. If any change is made to the subscription fee levels, payment structure and/or process, users will be informed by email and any such change will not affect existing subscriptions paid by users until the completion of the subscription period that they have paid for.
In the event of payment being made to Indibook by fraud or unauthorized use of a credit or debit card, Indibook will cease to collect payments from that card as soon as reasonably practicable. Indibook will not be liable to return funds that have been paid before the date it is made aware of the alleged fraudulent use of the card, although Indibook may, at its discretion, return payment to the person entitled thereto.
Subscription accounts will renew automatically on the renewal date unless you choose to cancel or suspend your subscription and we shall be entitled to charge the then prevailing rate for each new period.
Subscribers shall be entitled to cancel their subscription at any time, by giving written notice of cancellation, to be served not less than 7 days before the renewal date. In the event of cancellation or suspension of your account, you shall not be entitled to a refund of your subscription fees or any amount thereof which corresponds to an unexpired portion of your subscription. In the event of insufficient notice being given, you will be liable to pay the next period of your subscription and Indibook will not guarantee reimbursement of any payments made in relation to subscriptions/fees.
Any upgrade or downgrade in plan level will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Refunds are processed according to our Refund Policy.
Cancellation and Deletion of Accounts
You are solely responsible for properly cancelling your account. You can cancel your account at any time by emailing firstname.lastname@example.org and requesting cancellation of your account. Indibook will need to check your account to ensure there are no active bookings contained within it before it can be closed. You are responsible for clearing any and all active bookings on your account prior to closure. You will be liable for continued subscription payments until all active bookings are removed from your account.
All of your content will be immediately be inaccessible from the Service upon cancellation.
Unless you request deletion of your account information, we will endeavour maintain your information in case you wish to renew your subscription at a later date, however we do not guarantee this and Indibook accepts no liability whatsoever for any loss of your information. The period of retention if the account is not deleted is at the discretion of Indibook Ltd.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect from the end of that paid up month and you will not be charged again provided that you have no active bookings on your account. There will not be any prorating of unused time in the last billing cycle.
If you wish your account to be deleted and all information erased, please email email@example.com with your request.
The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
Prices of all Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Indibook site or the Service itself.
The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
You may not resell the services of Indibook Ltd to a third party without written permission.
All copyright, trademarks, design rights, patents and other intellectual property rights in the Service are vested in Indibook Ltd or its licensees. You may not copy, reproduce, modify in any way or transmit, distribute or make available to the public any material included on the Site (other than your own CV, profile or other personal information that you upload to the Site) and any other use requires the prior written consent of Indibook.
Nothing set out in these terms and conditions shall be construed as granting any licence of any copyright, trademarks or other intellectual property to you or any third party.
By uploading your CV and/or Company profile (including any text, artwork or photographs) you grant to Indibook and its licensees permission to use, edit and modify the information for reasons connected with the operation of the Site and/or Services and the right to use the artwork and photographs for the purposes of publicity.
By registering with the Site as a corporate entity, you hereby grant Indibook and its licensees the right to use your Company name and logo/artwork on the Site and for the purposes of any publicity. All content posted on the Service must comply with UK copyright law.
The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
We will not be responsible to any third party for the content or accuracy of any materials uploaded and you accept that it is your responsibility to upload your personal information onto the Site accurately.
You hereby warrant that you are entitled to upload, publish and exhibit your User Information on the Site and that no fees or royalties of any kind are payable by Indibook or any third party in respect thereof. Without limiting the generality of the foregoing, Users who are uploading show reels must ensure that they have the right to upload the same onto the site, including without limitation all necessary rights in any underlying material included within the show reel, which is not owned outright by the Users.
Without limiting other remedies, we reserve the right to terminate, suspend or restrict your account without notice if:-
- You commit any breach of the User Agreement or we believe that you may commit a breach of the User Agreement
- You are/have engaged in, are about to engage in, or have been in any way involved in or linked to, fraudulent or illegal activity in connection with the Site
- We are unable to verify or authenticate any information you provide to us
- We believe that your actions with regard to the Site may cause us financial loss or legal liability or damage our goodwill or bring us into disrepute or infringe any third party rights.
Users acknowledge and recognize that by seeking or accepting an offer of services, a provisional or confirmed booking, they may be attracting legal liability to complete the engagement or transaction. Users are encouraged to complete the arrangements regarding any engagement or transaction via direct communication outside the Site.
Indibook accepts no liability whatsoever for the failure by any User to fulfil an engagement or complete a transaction or any other obligation.
Indibook will not be a party to any financial transaction or agreements entered into between Users.
Users must ensure that they are competent, qualified and legally entitled to supply the services they publish or advertise on the Site. Any User information published on the Site relating to services offered by Users must be relevant to the supply of those services.
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
We do not guarantee that the Site and/ or Services will operate efficiently or be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition.
The Site and/or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Site and/ or Services are suspended, discontinued, modified or changed in any way or for the loss of your CV, profile or other User Information.
In order to protect against system failure on the Site or Service, we strongly recommend that you back up any data which you upload onto the Site.
To the extent that we are able by law, we exclude liability for any direct, indirect or consequential loss or damage incurred by you or any third party (whether foreseeable or otherwise) in connection with the Service or its use, including, without limitation, loss of data, income, opportunity, goodwill or reputation.
We accept no responsibility for any errors, omissions, inaccurate content or non-availability of the Service.
You must not use the Site or the Service in any way:-
- That causes, or is likely to cause, the Site or Services (or access thereto) to be interrupted, damaged or impaired
- For any fraudulent purposes, or in connection with a criminal offence or other unlawful or immoral activity
- To send or disseminate data, material or content which consists of or contains software viruses, macro viruses, Trojan horses, worms, "spam" or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of the Site or Services or to surreptitiously intercept, access without authority or expropriate any part of the Site or Services or any system, data or User Information contained therein
- For the purposes of political campaigning, commercial solicitation, chain letters or mass mailings
- Which may disrupt the Indibook community or cause problems for other users or which may be detrimental to the business of Indibook and which in the sole and unfettered opinion of the Indibook is inconsistent with the spirit of the User Agreement including without limitation sharing information on the Site with non-registered third parties
- Which could cause Indibook to violate any law, code or regulation
- To charge other Users for access to your User Information or other personal information
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
We are not responsible, nor accept any liability for any loss or damage suffered by you as a result of your decision to connect, communicate or exchange information (including without limitation User Information) with any other User.
We do not accept any liability for identity theft or for misuse of the information you have provided.
You specifically acknowledge that the use of the Site involves the disclosure of information about you, including sensitive personal information, to third parties and that their use of this information is not and cannot be controlled by Indibook. You further acknowledge that this information may be downloaded or otherwise used by third parties. You confirm that you agree to bear all risks associated with the disclosure to and use by the third parties and that you will not hold Indibook responsible or liable for any acts or omissions of third parties which may infringe your rights in any way.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Indibook will try to contact the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other Users.
You must not create nor modify another website so as to falsely imply that it is associated with the Service or the Company.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.
Complaints and Disputes
All complaints or disputes between you and Indibook regarding the Site and/or the Service must be reported to Indibook at firstname.lastname@example.org. Indibook seeks to resolve disputes with its Users fairly and within a reasonable time frame, but will have no liability if a resolution is not reached.
Indibook is not responsible for dealing with disputes between Users of the Site, which must be resolved between the Users concerned. In the event that you have any right, claim or action against any other User arising from that User's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Indibook Ltd (and our directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
You hereby agree to indemnify and hold us and our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, breach of copyright or any other intellectual property right or confidence or failure to comply with your User Responsibilities hereunder or your violation of any law, code or regulations including without limitation data protection legislation or the rights of a third party.
You will not without our prior written consent disclose, publish or discuss with any third party any information which may come to your attention relating to the business of Indibook, its trade secrets, technical or financial data or any other confidential or proprietary information, documentation or material used or owned by Indibook or relating to the Site and/or Services or the operations or processes of Indibook other than where such information is already in the public domain, is required to be disclosed by a court of law or is disseminated for the purposes of the Service and in accordance with this User Agreement.
Technical support for our Service is only provided via email.
Questions about the User Agreement should be sent to email@example.com
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control, including without limitation fire, casualty, accident, riot, act of terrorism or war, act of God, strike, lock-out, labour conditions, judicial order or enactment or incapacity, illness or death of any officer of Indibook.
This User Agreement (and any related dispute, controversy, proceedings or claim of whatever nature) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
If any part of the terms of this User Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
This User Agreement is personal to each User and Users shall not be entitled to assign this User Agreement or any of the rights, benefits or entitlements hereunder.
We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of this User Agreement to a third party.
In the event of a sale, transfer, reorganization or other disposal of Indibook, in whole or in part, your details may form part of the transferred business assets and as such may be shared with our advisors and any prospective purchasers and their advisors.
A waiver by us of any terms of this User Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this User Agreement. All rights and remedies contained in this User Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.
No third party shall be deemed under the User Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.
This User Agreement shall not constitute a partnership, agency or joint venture between Indibook and any User.
This User Agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. All other terms and conditions expressly or impliedly applicable by statute or otherwise are excluded to the fullest extent permitted by law.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the User Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
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