These Terms and Conditions govern your use of our website www.whatbook.com, its associated mobile applications or other digital product or service offered by us (together the “Apps”), your use of the personalised book recommendation platform offered through the Apps (the “Service”) and your relationship with Whatbook Limited (“we”, “us” or “Whatbook”). Please read these terms carefully as they affect your rights and liabilities under the law.
If you do not agree to these Terms and Conditions, please do not use the Service or the Apps, or register as a user.
Please also see our Privacy Notice for information about how we collect and use your personal data.
1.1 The Apps provide access to an online personalised book recommendation service, available to the public for personal use, which provides its registered users with the ability to view the books which other users are reading and share book reviews and recommendations with other users.
1.2 These terms will apply to registered users and to those who simply view the Apps without registration (“you”).
1.3 By using the Apps and the Service, you agree to be bound by these Terms and Conditions in full.
1.4 You are responsible for ensuring that all persons who access the Apps or the Service through your mobile device or internet connection are aware of these Terms and Conditions, and that they comply with them.
1.5 If you are accepting these Terms and Conditions on behalf of an enterprise, organisation or business then you agree and accept that these Terms and Conditions will be binding on all personnel who use the Service of the Apps on behalf of that enterprise, organisation or business.
1.6 Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Apps as necessary. In continuing to use the Service you confirm that you accept the then current Terms and Conditions in full at the time you use the Service. If you do not accept Terms and Conditions which we have varied then you must cancel your registration within 30 days of such change being made and the previous terms will continue to apply pending termination. If you continue to use the Service without notifying us of your objections within 30 days you will be deemed to have accepted the varied Terms and Conditions.
2.1 In order to use the Service, you must register on the Apps with your username and email address, which must also be verified. Users can also register with the Service and login in to the Apps via Facebook or Twitter, which will also act as verification of a user’s details.
2.2 Registered but unverified users will be able to use the application but will not be able to access all features available.
2.4 If you register to use the Apps as a user you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting firstname.lastname@example.org and change your password immediately.
2.5 Users may not solicit login information or access to an account belonging to another individual.
2.6 Alternatively you can gain authorised access to your account by first logging into another service that we partner with, such as Facebook or Twitter. In order to prevent fraud, you must keep all passwords and other access details for these third party services confidential and must not disclose them or share them with anyone. If you suspect anyone has access to any of your third party services that we link to, you should notify us by contacting email@example.com immediately.
2.7 If we have reason to believe that there is likely to be a breach of security or misuse of the Service or the Apps through your account or the use of your password or unauthorised access to one of your third party services that we link to, we may require you to change your passwords on our system and with your other suppliers, or we may suspend your account. Until you have changed all your passwords or we have reactivated your account you will not be able to access the Service.
2.8 You agree that all information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.
2.9 We reserve the right the cancel your account at any time and for any reason.
- Use of the Service
3.1 The Service operates by providing users with a web-based personal book recommendation platform in which the user can write reviews and recommend books to other users. Users will be able to follow other users.
3.2 Information and content which you share or post may be seen by other users or visitors to the Service.
3.3 [You may receive messages from us via emails and/or SMS as part of the Service provided. You will be able to control the ability to receive these messages from your account settings.]
3.4 Users may delete their account at any time.
- Age Requirements
4.1 You must be aged  or over to agree and enter into these Terms and Conditions. If you are under  years of age, you must show these Terms and Conditions to your parent or legal guardian for their review and acceptance on your behalf.
4.2 By using the Apps and indicating acceptance of these Terms and Conditions, you are representing that you are at least  years of age and that you understand and agree to be bound by these Terms and Conditions. Any parent or legal guardian accepting these Terms and Conditions on behalf of a child aged under  understands and agrees to be responsible for any fees or payments and/or liabilities incurred by use of the Apps.
- Parental Guidance
5.1 Certain content on the Apps may not be suitable for children. If you permit a child to access the Apps, you are solely responsible for deciding whether the content on the Apps is appropriate for that child to view.
- Acceptable Use Policy
6.1 The Service and Apps are provided for legitimate personal, social or business purposes. You must not use the Service or the Apps for any illegal, unethical or immoral purposes. We reserve the right to remove any account at our discretion at any time, without giving reasons if we suspect that an account is being operated in breach of our acceptable use policy.
6.2 We grant you a limited licence to access and make personal use of the Apps and the Service, but not to download (other than page caching) or modify the Apps or any software which we use to operate the Service, or any portion of it, except with our express written consent.
6.3 You agree that you will not:
6.3.1 solicit log-in information or access an account belonging to someone else.
6.3.2 bully, intimidate, or harass any user of the Apps or the Service.
6.3.3 do anything unlawful, misleading, malicious, or discriminatory using the Service or the Apps.
6.3.4 do anything to suggest, express or imply that statements made by you are endorsed by us.
6.3.5 impersonate any other person whether or not that other person is a user of the Apps or the Service.
7.1 The Service allows for certain users to create content to be distributed by the Service, for instance certain users may upload photos or biographical information to their account, or share content contained in their account with other users. Any content which is distributed by the Service or which you integrate with the Service (for instance by placing a “Whatbook” hyperlink within your own content), which we refer to as “Content” in these terms must comply with our content standards, which are set out below:
7.2 You agree that any Content which will be integrated with the Service or distributed by the Service will be your own creation or will be Content which you are entitled to use and will not be used in breach of any intellectual property rights.
7.3 Any Content will be your personal responsibility. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.
7.4 You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.
7.5 You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content.
7.6 In particular you agree not to use the Apps or the Service to distribute any Content which:
7.6.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.6.2 harasses any person or advocates harassment of any person;
7.6.3 displays or promotes pornographic or sexually explicit material of any kind;
7.6.4 does anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
7.6.5 is illegal, infringes intellectual property rights, defames any person, breaches confidentiality or promotes any illegal activities;
7.6.6 promotes illegal or unauthorized copying of another person’s copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
7.6.7 provides instruction information about illegal activities, such as making or buying illegal weapons, violating someone else’s privacy or providing or creating computer viruses;
7.6.8 solicits passwords or personally identifying information from other users for commercial or unlawful purposes;
7.6.9 involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”;
7.6.10 promotes information that you know to be false or misleading;
7.6.11 contains personal information e.g. names or contact details (unless permission has been sought from the holder of the relevant personal information); or
7.6.12 engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising and pyramid schemes.
7.7 By creating or integrating your Content with the Service you agree that we will be entitled to use such Content for the purposes of delivering the Service. We reserve the right to investigate and remove any Content at any time and for any reason.
- Viruses, hacking and other offences
8.1 You agree not to upload any files or post, distribute or publish any files on the Apps or while using the Service that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer and electronic device.
8.2 You must not misuse our Apps or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Apps or the Service, the server on which our Apps is stored or any server, computer or database connected to the Apps or Service. You must not attack our Apps or the Service via a denial-of-service attack or a distributed denial-of service attack.
8.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your account and right to use our Apps will cease immediately.
8.4 We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Apps or the Service or to your downloading of any material posted on it, or on any website linked to it.
9.1 Although we aim to offer you the best service possible, we make no promise that our Service will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Apps or the Service you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
9.2 Your access to the Service may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services or because we are unable to offer the Service for reasons beyond our control (such as a denial of service attack). In this event we will attempt to restore the Service as soon as we reasonably can. Access to the Apps may be restricted whether or not you have registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these terms.
9.3 Whilst our Apps make use of third-party services or third-party websites, we cannot guarantee the availability of any such third party services or websites.
- Our Liability
10.1 We will operate the Apps and the Service with the reasonable skill and care of an online service provider. The services provided do not extend to detailed monitoring or supervision of Content or user registrations with the Apps.
10.2 Our liability is limited to the fullest extent permitted by law.
10.3 We will not be liable for unavailability of the Service or the Apps, or unavailability of any third-party services or websites which we may use.
10.4 The Service may allow its users to distribute Content and use the Service without detailed oversight or monitoring. While we put systems in place to allow for users and other third parties to report harassment, improper use of the Service and distribution of offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content, we do not make any warranties or guarantees in relation to use of the Service and the Apps. If we are legitimately informed of any abuse or infringement of these terms in accordance with clause 14 we will attempt to resolve the matter and we may delete the relevant account and/ or removing inappropriate content as soon as we can.
10.5 We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Apps whether such loss is incurred or suffered as a result of our negligence or otherwise. We will not be liable if Content you have posted and stored on the Apps is lost, corrupted or damaged.
10.6 Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.
10.7 In the event that you have a dispute with any other user of our Service arising from their use of the Service, you agree to pursue such claim or action independently of us, and you release us from all claims, liability and damages arising from any such dispute.
- Cancellation and Termination
11.1 If you wish to cancel your account you should email us at email@example.com. On receipt of an email by you to us cancelling your registration then we will delete your account.
11.2 We reserve the right to terminate your membership immediately without notice if in our opinion you have breached these terms. In the event of termination, we will delete your account and you will no longer have access to the Service.
12.1 We request that all personal information that you provide is accurate, current and complete.
12.3 You are responsible for ensuring that any other person has given the appropriate consents if you upload their personal information in your use of the Service.
12.4 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
- Other Sites and Services
The Apps include links to other websites, services or materials which are beyond our control. We are not responsible for content or services outside the Service.
- Intellectual Property
14.1 By providing Content for distribution by the Service you expressly grant us a royalty-free, perpetual, irrevocable licence to use such Content in order to deliver the Service to you.
14.2 The format and content of the Apps (including but not limited to the Service layout, codes, systems and logic of organisation) is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Apps.
14.3 We reserve all rights to the name ‘Whatbook’ and any other trading style used in connection with the Service.
14.4 The Apps or any portion of the Apps may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Apps without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Apps without our express written consent.
- Notice and Take-Down
15.1 We will make all reasonable efforts to delete accounts which are being used in breach of our terms and conditions and to identify and remove Content that is defamatory or infringing on intellectual property rights when we are notified but we cannot be responsible if you have failed to provide the relevant information.
15.2 In the event that you believe that an account is being used in an inappropriate manner or that any Content which is distributed using the Service is defamatory or infringing on intellectual property rights you should notify us in writing either by email to firstname.lastname@example.org including the following:
15.2.1 Your full name and contact details, including postal address, telephone number and e-mail address;
15.2.2 The exact URL at which the defamatory or infringing Content appears;
15.2.3 The Content that you believe is defamatory or infringing on intellectual property rights;
15.2.4 The reasons that you believe the Content is defamatory or infringing on intellectual property rights;
15.2.5 A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
15.2.6 A signed declaration of truth in respect of the information in the notice.
15.3 Any statement made under this clause may be used in court proceedings.
- International Use
16.1 You shall comply with all foreign and local laws and regulations which apply to your use of our Apps in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
17.1 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
17.2 If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
17.3 We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.