Terms and Conditions.
By using the Services of BrochureCloner you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Services. If you wish to buy and use our Services, you will be asked to give your express consent to these Terms and Conditions. We will not file a copy of these Terms and Conditions specifically in relation to each user or customer and, if we update these Terms and Conditions, the version to which you originally agreed may no longer be available on the website, applications or platform. For this reason, we recommend that users and customers print and file a copy of these Terms and Conditions for future reference.
Definitions in these Terms and Conditions: ‘The Company’ or ‘BrochureCloner’ shall refer to BrochureCloner UK Company Registration number 106953138. Registered office Unit 1 Accent Park, Bakewell Road, Peterborough PE2 6XS. “Apple” means Apple, Inc and related companies; “Application” or “application” means any proprietary BrochureCloner software application enabling the use of Publications or otherwise facilitating use of the Services (and, where the context permits, any part thereof); “EULA” means the end user license agreement set out earlier in these Terms and Conditions; “Permitted Device” means an iPhone, Android tablet, iPad or other device that you own and control specified as a permitted device upon the website or through an application; “Publication” means a book, catalogue, magazine or issue of a magazine, pamphlet or any other publication supplied by us through the Services, for use by means of the Application (and, where the context permits, any part thereof); “Services” means the supply of the website, any application, mobile downloads, platforms and services and any publications (including both the supply of the Publications via an application and via a website); “Terms and Conditions” means these terms and conditions, including any updates and amendments to them from time to time; and “Website” or “website” means any one or more of our websites, as well as the Apple App Store, to the extent that the context requires. References in these Terms and Conditions to “we” (or “us” or “our”) are references to BrochureCloner; and references to “client”, “you” (or “your”) are references to the applicable user of the Services or customer for the Services.
BrochureCloner acknowledge that all beneficial intellectual property rights in the magazine content, brand, trademarks, format, databases and know how are owned exclusively by the client. BrochureCloner and its agents assert no legal or moral claim to such intellectual property and undertake that at no time will BrochureCloner or its agents seek to copy, extract in whole or part or otherwise use any aspect of the intellectual property. BrochureCloner reserve all copyright and intellectual property rights over it’s own branding, name, software, source code and trademarks.
Eligibility to buy Services
You must be an incorporated legal entity, or a person who is a minimum of 18 years old to engage BrochureCloner to create an app. You must be 13 years old or older to purchase an app deployed by BrochureCloner from app stores, and must be situated in one of the permitted jurisdictions listed on this website or in the applications.
In order to access the BrochureCloner Client Dashboard, and control the content of your app, you will require a compatible computer with a sufficient internet connection. You will also need the ability to create PDF documents. In order to download apps created by BrochureCloner you will require a compatible device such as an iPad, Android tablet, iPhone or similar device, internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and internet access, your ability to use the Services may be affected by the performance of these factors. You agree that such requirements are your responsibility.
How to buy Services via the website or through the application
You may purchase the Services by following one of the purchase procedures described on the website or in the application, including the Apple App Store. You will have the opportunity to identify and correct input errors prior to ordering the Services. You agree to provide true, accurate, current and complete information about yourself when you register or order Services from us, and to promptly update such information to ensure that it remains true, accurate, current and complete.
Description of Services
The Services may consist of: (a) creation of Apps to be deployed via App Stores (b) hosting of data to be contained within apps (c) sales and distribution of apps via App Stores and sales of content within apps through in-app-purchasing
Charges and payments
The charges in respect of our Services will be as set out on the website or in the application from time to time. All in app subscription charges are stated inclusive of any applicable sales tax or VAT, where as all monthly hosting charges are excluding VAT or sales tax which may be charged depending on tax jurisdiction. Upon submitting your order, you will be required to provide credit card details which will be held securely offline for the duration of our contract. Your card will be debited the agreed fee upon submission and approval of your app by Apple and thereafter on or around the first working day of each calendar month until you terminate this agreement (see Termination below). At the end of our agreement, we will securely destroy any credit card information we hold. A monthly sales invoice will be provided by email. An alternative method of payment may be used, by arrangement, however the credit card details will be retained during the course of the agreement, as security, and will be debited if the alternative payment method is not received in time. If payment is late on two or more occasions, BrochureCloner reserves the right to terminate the contract. If in the event of termination due to payment failure where a twelve month period has not elapsed, the remaining term will be charged for as a cancellation fee. Payments from outside the USA may be collected on behalf of BrochureCloner by our regional subsidiaries or global trading partners.
By entering in to this agreement you are committing to an ongoing contract for a minimum of twelve months. The first day of the contract period is the day we apply the first charge for our services, upon approval of your app by Apple. Termination of this agreement must be made in writing (email is sufficient) and will be acknowledged by our customer service department. A minimum notice to terminate of one full calendar month must be given and may not be given during the first twelve months. After termination of this agreement users of your app will no longer be able to download your publications and editions and you will no longer be able to access the Client Dashboard. Apps published under the BrochureCloner Developer Account will no longer be available on app stores. In the event of termination prior to the required twelve month period, a cancellation fee will be charged equivalent to the total charges remaining within the minimum term.
End user license agreement (EULA)
Subject to the payment by you of the relevant charges in respect of the Services and the other provisions of the EULA, and for the period of our contract, we grant to you a non-exclusive non-transferable license to: (a) use the BrochureCloner technology and systems to deploy and control your custom app built by BrochureCloner; (b) access the Client Dashboard to upload your PDF editions which will be stored on the BrochureCloner servers and made available to download to users of your app (c) Access, via the Client Dashboard, your download and user analysis (d) Send Push Notifications via your app from the Client Dashboard
You may not: (a) copy or reproduce the Application or any Publication, other than in accordance with the license granted (b) sell, resell, rent, lease or loan the Application; (c) modify, alter, adapt, translate or edit, or create derivative works of, the Application; (d) reverse engineer, decompile, disassemble the Application; (e) use the Application or any Publication, other than in accordance any guidelines for use issued by us from time to time; or (f) circumvent or remove or attempt to circumvent or remove the technological measures applied to the Application or any Publication for the purposes of preventing unauthorized use, providing that nothing in this Section will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law. You will not access or attempt to access the Services by any means other than through the application or the website. You must not permit any other person to use the Application or any Publication or to exercise any of the other rights granted by us to you under (g) publish any work you do not own the copyright and intellectual property to. BrochureCloner Reserves the right to remove any work that is in breach of these rules or content rules set out below, or any rules imposed by Apple, Google, Amazon, Blackberry or any other provider of App Store and App distribution services.
All intellectual property rights and other rights in the Application and the Publications are reserved and will remain our property. Your use of the Services will be subject to any technical or contractual limitations imposed by Apple and other App Store providers in relation to the Services.
You acknowledge that from time to time we may apply upgrades or bug fixes to the Application, without giving you further notice or seeking any further consent. These Terms and Conditions will apply to such upgrades and bug fixes as if they were part of the original Application.
Accounts and security
As a user of the Services, you will be able to establish an account on the website or through an application. You are solely responsible for maintaining the confidentiality and security of your account. You should not reveal your account information to anyone else, or use anyone else’s account. You are entirely responsible for all activities that occur on or through your account, and you agree to immediately notify us of any unauthorized use of your account or any other breach of security relating to your account. We shall not be responsible for any losses arising out of the unauthorized use of your account.
Warranties relating to the Services
We will use reasonable care and skill with respect to the provision of the Services to you. However, we do not make any other promises or warranties about the Services and in particular we do not warrant that: (a) your use of the Services will be uninterrupted or error-free; or (b) the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, we disclaim all liability relating thereto. You will be responsible for backing up your own system, including any Application that is stored on your system. You understand that by using any of the Services, you may encounter content that may be explicit, offensive, indecent, or objectionable, which content may or may not be identified as such. Nevertheless, you agree to use the Services at your sole risk.
Termination of EULA
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may terminate our agreement immediately by sending to you written notice of termination (which may be given by electronic transmission). Where we terminate an agreement for this reason, we will not refund to you the charges or any element of the charges you have paid, you will be still be liable for the balance of the twelve month minimum period.
As required by Apple, the following terms and provisions apply to any usages by or through the Apple App store, to which you agree: (a) You acknowledge that we (and not Apple), are solely responsible for our Application and its contents. (b) Any license to use granted herein is a non- transferable license to use our Application on an iPhone, iTouch or iPad OS product or other authorized device that you own or control and subject to the usage rules set for in the Apple App Store terms of service. (c) We (and not Apple) are solely responsible for any maintenance and support services (if any) with respect to our Application set forth in this EULA or as required by applicable law. (d) To the extent that there are any product warranties, express or implied by law, we (and not Apple) are solely responsible for them. In the event of any failure of the Application to conform to any warranty specifically granted herein or by applicable law, you may notify Apple, and Apple may refund the portion of the purchase price applicable to such failure, which refund will satisfy any obligations whatsoever from Apple to you, to the extent permitted by law, including any obligations for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. (e) To the extent that there is any responsibility to address any of your claims relating to our Application or your possession and/or use of our Application, or claims of third parties, we (and not Apple) are responsible to address such claims. Such potential claims may include, but are not limited to: (i) product liability claims; (ii) any claim that our Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (f) In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (g) You represent and warrant that (i) you are not located in a country that is subject to UK or U.S. Government embargo, or that has been designated by the UK or U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any UK or U.S. Government list of prohibited or restricted parties. (h) You must comply with applicable third party terms of agreement when using our Application. (i) You acknowledge that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you and against any third-party beneficiary of yours. None of the provisions of this will expand any rights that you may have against us, and all rights of indemnity, claims, losses, liabilities, damages, costs, expenses or other claims are subject to applicable law, and to limitations set forth in these Terms and Conditions, including, but not limited to, the terms and limitations set forth in these Terms and Conditions.
License to use Website and Application
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and application and material on the website or accessed through the application. Subject to the license below, all these intellectual property rights are reserved. You may view pages from the website or through the application, and download pages from the website or through the application for caching purposes only, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You must not: (a) republish material from this Website or an application (including republication on another website); (b) sell, rent or sub-license material from the website or an application; (c) show any material from the website or application in public; (d) reproduce, duplicate, copy or otherwise exploit material on the website or in an application for a commercial purpose; (e) edit or otherwise modify any material on the website or in an application; or (f) redistribute material from the website or in an application. Where content is specifically made available for redistribution, it may only be redistributed within your organization. Access to certain areas of the website is restricted to subscribers. We reserve the right to restrict access to other areas of the website or any applications, at our discretion.
Unless you are a subscriber to our Services, you must not access or attempt to access any Services that are restricted to such subscribers. You must not use the Services in any way that causes, or may cause, damage to the website, an application or any other Services or impairment of the availability or accessibility of the website, an application or any other Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use any Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction and data harvesting) on or in relation to the Services. You must not use any Services to transmit or send unsolicited commercial communications.
In these Terms and Conditions, “your content” means material (including text, images, audio material, video material and audio-visual material) that you submit for publication on the website or in or through an application. Your content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). Your user content (and its publication on the website or through an application) must not: (a) be libelous or maliciously false; (b) be obscene or indecent; (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; (d) infringe any right of confidence, right of privacy, or right under data protection legislation; (e) constitute negligent advice or contain any negligent statement; (f) constitute an incitement to commit a crime; (g) be in contempt of any court, or in breach of any court order; (h) be in breach of racial or religious hatred or discrimination legislation; (i) be blasphemous; (j) be in breach of official secrets legislation; (k) be in breach of any contractual obligation owed to any person; (l) depict violence in a explicit, graphic or gratuitous manner; (m) be pornographic or sexually explicit; (n) be untrue, false, inaccurate or misleading; (o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; (p) constitute spam; (q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or (r) cause annoyance, inconvenience or needless anxiety to any person. Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behavior on the internet. You must not use the Services to link to any website or web page consisting of or containing material that would, were it posted on the website or through an application, breach the provisions of these Terms and Conditions. You must not submit any user content to the website or through an application that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Subject to the terms of any printed agreements between and signed by us and you, we reserve the right to edit or remove any material submitted to the website, or stored on our servers, or hosted or published upon the website or through our Services. Notwithstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the website or through an application.
Warranties relating to the Services
We do not warrant the completeness or accuracy of the information published on through the Services. You acknowledge that some of the information published through the Services may have been submitted by users, and that we do not usually review, approve or edit such information.
Limitation of warranties
To the maximum extent permitted by law we exclude all representations, warranties, terms and conditions relating to the services, and/or to the use of the services, that are not expressly set out in these terms and conditions.
Limitations of liability
Nothing in these terms and conditions will exclude or limit our liability for fraud, for death or personal injury caused by our negligence or for any other liability that cannot be excluded or limited under applicable law. Subject to this, our liability to you in relation to the use of the services or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows: (a) if you have not paid for the services, we will not be liable for any loss or damage of any nature; (b) if you have paid for the services, our liability will not exceed the amount paid by you to us in respect of those services; (c) we will not be liable for any consequential, indirect or special loss or damage; (d) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information; and (e) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control. You accept that we have an interest in limiting the personal liability of our officers, directors, agents and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers, directors, agents or employees in respect of any losses you suffer in connection with the services, or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers, directors, agents and employees.
You agree to the publication on the website or through an application of material relating to you. You acknowledge that such material may be critical or defamatory or may otherwise infringe your legal rights; and you agree that you will not hold us liable in respect of any such material, irrespective of whether we are aware or ought to have been aware of such material.
You hereby indemnify us and undertake to keep us indemnified against any and all losses, damages, costs, liabilities and expenses (including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may: (a) send you one or more formal warnings, by electronic transmission or otherwise; (b) temporarily suspend your access to the Services; (c) permanently prohibit you from accessing any of the Services; (d) block computers using your IP address from accessing any of the Services; (e) contact your internet services provider and request that they block your access to any of the Services; (f) bring court proceedings against you for breach of contract or otherwise. Where we suspend or prohibit or block your access to the Services or a part of the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including creating and/or using a different account).
Third party websites
The Services may include hyper links to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
BrochureCloner our logo, and all derivations or iterations thereof are trademarks or trade names belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on the website or in any application are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
We may revise these Terms and Conditions from time-to- time. Revised Terms and Conditions will apply to the use of the Services from the date of the publication of the revised Terms and Conditions.
We may transfer, sub-contract or otherwise deal with any or all of our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent – providing that, where you are a consumer with respect to a contract under these Terms and Conditions, we will not transfer our rights and/or obligations under that contract in any way which may serve to reduce the guarantees benefiting you under that contract. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, that will not affect the other parts of this agreement. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
These Terms and Conditions are for the benefit of you and us, and except as otherwise specifically set forth herein are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.
These Terms and Conditions constitute the entire agreement between you and us in relation to your use of the Services, and supersede all previous agreements in respect of your use of the Services.
These terms are set out in accordance to UK and Delaware law and are subject to the jurisdiction and arbitration of the UK or Delaware courts, depending where we elect.
We are committed to safeguarding the privacy of the website visitors and Service users; this policy sets out how we will treat your personal information:
What information do we collect?? We may collect, store and use the following kinds of personal data: (a) information about your computer and about your visits to and use of our Services (including your IP address, geographical location, browser type, referral source, length of visit and number of page views); (b) information relating to any purchases of our Services via the website, in an application, via the Apple App Store or otherwise (including your name, address, email address, birth date and other demographics provided by you, as well as payment details, details of the Publications you have purchased, analytics relating to your viewing of the Publications, and any information contained in any messages provided by you); (c) the personal information identified in the sections below; and (d) any other personal information that you provide to us.
Using your personal data
International data transfers
Security of your personal data
We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. We will store all the personal information you provide on our secure (password- and firewall- protected) servers. All electronic transactions you make to or receive from us will be encrypted using SSL technology. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. You are responsible for keeping your password and user details confidential. We will not ask you for your password.
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee. You may instruct us not to process your personal data for marketing purposes by email at any time.
Third party websites
The website contains, and applications may contain, links to other websites. We are not responsible for the privacy policies or practices of third party websites.
App downloader terms
The following terms apply to individuals or organizations that download and use apps, developed by BrochureCloner, to their devices.
Acceptance of this EULA
By utilising our Services, either through a website, an application, or otherwise, you agree to the terms of the EULA. If you do not agree to the terms of this EULA, you may not access our Services. If you purchase the Services in an application, you are agreeing to the terms of this EULA before making the purchase.
App User Licence
You may only use the Services for your own private and non-commercial purposes and in accordance with the provisions of this EULA. Subject to the payment by you of the relevant charges in respect of the Services and the other provisions of the EULA, we grant to you a non-exclusive non-transferable license to: (a) download, install and use the Application on any Permitted Device; (b) download, install and view, on one (1) Permitted Device only, one (1) instance of each Publication that you have purchased or in respect of which you have purchased a subscription; (c), to the extent then available, view each Publication that you have purchased, or in respect of which you have purchased a subscription, upon the website using the website’s publication viewing functionality only or through an application, in each case subject to the usage rules set out in the Section below. This license (including the sharing rules and usage rules) may be enforced by us using technological protection measures.
You may not: (a) copy or reproduce the Application or any Publication, other than in accordance with the license granted (b)) modify, alter, adapt, translate or edit, or create derivative works of, the Application or any Publication not owned by you; (c) reverse engineer, decompile, disassemble the Application; (d) use the Application or any Publication, other than in accordance any guidelines for use issued by us from time to time; or (e) circumvent or remove or attempt to circumvent or remove the technological measures applied to the Application or any Publication for the purposes of preventing unauthorized use, providing that nothing in this Section will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law. You will not access or attempt to access the Services by any means other than through the application or the website. All intellectual property rights and other rights in the Application are reserved and will remain our property and the property of our licensors. Your use of the Services will be subject to any technical or contractual limitations imposed by Apple, Google, Amazon o in relation to the Services.