Terms of Use

Introduction

Bookt (Pty) Ltd (“us”, “we”, “Bookt”, “our”, “Company”) is a South African private company registered with the Companies and Intellectual Properties Commision ("CIPC") under the registration number 2020/838712/07. Bookt provides its user with a number of services, products, features and capabilities, all located on the website at the URL https://bookt.app, and all related URLs (“Website”). Bookt may provide additional services, products, third party products, software and data (“Services”). The Website and Services are collectively referred to as the “Platform”.

The Terms of Use (“Terms”, “Terms of Service”), as well as the Privacy Policy, is a legally binding contract (“Agreement”). By accessing or using the platform in ANY way signifies that you understand all the Services that Bookt provides, you understand all the services provided by the Website, you have read the Agreement, understand the contents of the Agreement and that you agree to be bound by all the terms in the Agreement.

If you don’t completely agree to the terms in the Agreement or if you do not completely understand the terms of the Agreement, but you still use the Platform in ANY way, you are still bound to the terms of the Agreement.

Bookt reserves the right to make ANY modifications to the Agreement, at any time without prior notice to you, and the modifications become active immediately upon posting them to the Website. Your continued use of the Platform, after a modification to the Agreement has been made, signifies that you have read the new Agreement, understood the modifications and that you accept and agree to be bound by the new Agreement. If you do not agree with the contents of the Agreement, or if you are dissatisfied with anything related to Bookt or the Platform, then your sole remedy is to discontinue your use of the Platform. Use the Platform at your own risk.


Services & Users

This Agreement applies to ALL users of the Platform. All possible variations of users are collectively referred to as the “Users”. This includes users who contribute content to the Platform, content includes tests (questions and all the possible answers), graphics, pictures, text, software, photos, sounds, podcasts and audio-visual combinations, all content is collectively referred to as “Content”. Users who contribute Content may also be referred to as “Creators” or “Authors”. Users can add questions (“Questions”) to the Platform and these questions are collectively referred to as a “Test” or “Tests”. Tests and Question both fall under the definition of Content as provided for above.

Bookt may terminate, suspend, discontinue, or change ANY aspect of its Platform at any time, without any prior notice or liability to the Users. Bookt may often contain services, products or links to any third-party websites, services or products (“Items”). By clicking on the link, Users expressly relieve Bookt of any liability whatsoever arising from the use of these third-party Items. Furthermore, any issue/problem/liability arising from your use of third-party Items, whether through the link on our Platform or on our Platform itself, is to be raised with the relevant third-party. Therefore, Bookt is completely indemnified from any patrimonial loss or damage suffered as a result of you attempting to access/use third-party Items.


Use of the Platform

By accepting the Agreement, you agree that while you are using the Platform or while you are affiliated or connected to Bookt in ANY way:


User Accounts

To use the Website or any of the Services provided by Bookt, you must create a Bookt account. By creating an account, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service. You are solely responsible for maintaining the confidentiality of your account information and you are solely responsible for ALL activities arising from the use of your account and its relevant information.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Bookt bears NO liability for ANY losses or damages you suffer or may suffer as a result of your account information being compromised in any way. You may be held liable for ANY losses or damages suffered by Bookt, any User of Bookt, or any third-party related to Bookt, due to your account information being used in an unauthorised or illegal way, whether by you or any other person.


Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics:

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.


Content and Conduct

Along with the above-mentioned provisions, you also accept to be bound by the following terms and provisions.

You agree and signify that you understand ALL the relevant laws and regulation governing intellectual property in the jurisdiction(s) where you are a citizen, the jurisdiction where you reside, the jurisdiction from where you are using the Platform from, AND the jurisdiction of South Africa. These are all collectively referred to as the “Jurisdictions”.

By accepting the Agreement, you signify that you are aware, understand, and are complying with all intellectual property laws of all the Jurisdictions. These include but are not limited to, copyright, trademark, competition law, transmission and sharing of any data or Content (“Law”).

You agree that Bookt is completely and fully indemnified from ANY liability arising from your contravention, whether accidental or intentional, of the Law or any parts of the Law.

You will have access to and be provided with Content from several different Users, sources, and people. Bookt is not responsible for the intellectual property rights, accuracy, safety, or usefulness of any Content on the Platform. You acknowledge that you may be exposed to inaccurate, offensive, indecent, vulgar, false, misleading, objectionable, or potentially copyrighted Content and you agree to and do waive any legal or equitable rights or remedies you may have against Bookt, any of Bookt’ employees or directors, and against third-parties related to Bookt. You waive these legal and equitable rights and remedies to the fullest extent permitted by South African law, you also agree to indemnify Bookt, its employees and directors, and any third-party related to Bookt to the fullest extent allowed by South African law. Furthermore, you agree and acknowledge that your use of the Platform and any Content on the Platform is at your own risk.

You are solely responsible for any and all Content you upload and distribute on the Platform. By accepting this Agreement and uploading ANY Content, you signify, affirm, represent, and warrant that you own ALL the necessary licences, rights, consent, and permission to upload, distribute and generate revenue from the uploaded Content. Bookt, Bookt' employees and directors and all related third-parties are completely indemnified from any liability arising in any form from you uploading Content to which you do not have the necessary licences, rights, consent, and permission to upload, distribute and generate revenue from the uploaded Content.

By accepting these Terms of Use and by uploading content to the Platform you expressly grant Bookt an exclusive royalty-free licence to distribute, reproduce, edit / change, prepare derivative works of, or perform all your Content on the Platform, pursuant to this Agreement. In addition to the aforementioned license by accepting these Terms of Use and uploading Content to the Platform you agree and give permission to Bookt to make your Content available to all Users so that they can interact with and / or use the Content.

By accepting these Terms of Use and by uploading / creating / adding Tests and / or Questions on the Platform you agree that while these Tests and Questions are available on the Platform, you MAY NOT upload, add, distribute, sell or licence the Tests or Questions, in part or as a whole, to ANY third-party business, partnership, service, platform. Furthermore, You may NOT reproduce or prepare derivative works of the Tests or Question, in part or as a whole, for any third-party. You may remove any uploaded / created / added Tests or Questions from the Platform. In the event that any Tests and / or Questions are removed from the Platform You MAY NOT upload, add, distribute, sell, grant a license for, reproduce or prepare derivative works of the Tests and / or Questions which were removed, in part or as a whole, to ANY third-party business, partnership, service or platform for a period of 24 calendar months from date of removal.

You understand, acknowledge, and agree that Bookt reserves the right to delete, move, or edit any Content that it may determine violates the Agreement and/or Privacy Policy or is otherwise unacceptable and may terminate your access to the Platform, without prior notice and at its sole discretion.

Bookt may maintain multiple copies of any Content uploaded to its Platform, and Bookt maintains no responsibility for maintaining your data. Bookt bears no responsibility or liability if ANY Content you have uploaded gets deleted, removed, edited, or moved in any way, whether accidental or intentional on the part of Bookt.

Bookt has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Bookt or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.


Certificates

The main service provided by Bookt is the sale of digital certificates ("Certificates"). These Certificates are awarded to a User after they have successfully paid the necessary amount, either before taking a test or after passing a free test. These Certificates are automatically emailed to Users, the Certificates are sent to the email address that the User used to create an account with Bookt.

These Certificates are hosted with a third-party, SimpleCert, this is done to ensure the credibility and authenticity of each Certificate. If a User wishes to view their Certificate. They need to follow the link which can be found in their profile. The User must then create an account with SimpleCert using the SAME email address as the one they used to create their Bookt account.

Bookt DOES NOT guarantee that a Certificate will increase a User's prospects of possible employment with any third-party business. These Certificates are meant to be used as proof that a User has read a book and understands all the information contained therein.


Purchases

If you wish to purchase any product or service made available through Service or the Platform (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your CVV number.

All prices refelected on the Platform are in South African Rands, a United States dollar value is shown purely for reference. Therefore, all purchases are charged in ZAR which may result in a charge that is higher than the US dollar value reflected, this is due to the conversion fee applied by banks.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.


Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.


Price Changes

Bookt, in its sole discretion and at any time, may modify the price for any/all Services and/or Certificates. Any price change will become effective at the end of the then-current month.

Your continued use of the Service or Platform after a price change comes into effect constitutes your agreement to adhere to the modified price amount.


Refunds

Except when required by law, purchases are non-refundable.


Payouts

Certain Users of Bookt can earn money using the Platform. All money earned will accrue to a User's Bookt wallet. The wallet will show various information including, but not limited to, a User's current balance, total earnings, etc. All payouts will occur on the 5th of every month. These payouts will occur automatically ONLY if a User has a current balance greater than ZAR 49,99, therefore, a User cannot request a payout.

Bookt uses Paypal for all payouts. A User will be paid the full amount reflected in their current balance, however, PayPal charges their own transaction fee as well as a currency conversion fee. Therefore, the amount a User will receive will always be less than the amount reflected in their current balance. The User bears the burden of the transaction fee as well as the conversion fee. For more information on the respective fees charged by PayPal, please visit: https://www.paypal.com/za/webapps/mpp/ua/useragreement-full#exhibit_A.

Payouts happen via email, an email will be sent to the User. The User must then follow the email link and create an account with PayPal, thereafter the User must follow the instructions as laid out by PayPal. Bookt bears no responsibility in ensuring that the money is correctly withdrawn from PayPal by the User. Bookt can not be held liable for any mistake made by the User in trying to access their money through PayPal.

Affiliates:

All Users can be affiliates for Bookt. Upon signing up, each User will be issued with an affiliate code. This code can be found in a User's profile. All Users are encourage to share this code with people not currently using Bookt. Each time a User, who signed up with your code, purchases a certificate, you will earn ZAR 2.

Creators:

Creators are Users who create tests for Bookt, Creators are not the authors of the books that they create tests on. When any User purchases a Certificate for the test that you have created, you will be paid ZAR 6.

Authors:

Authors are Users who create tests for Bookt, Authors are the authors of the books that they create tests on. When any User purchases a Certificate for the test that you have created, you will be paid ZAR 8.

Others:

When a Creator creates a test based on any relevant book. The author of that book will receive a small monetary amount, ZAR 2, in compensation each time a Certificate is issued for that test. Bookt will attempt to contact the relevant author by various means including, but not limited to, Twitter, LinkedIn, Email, or Instagram. Bookt will use all mentioned mediums in an attempt to contact the relevant author to ascertain their email address so that all accrued compensation can be paid to them. However, if after 6 months after the first attempt at contact is made, the author has not responded and claimed the compensation due to them. All accrued compensation will be forfeited by the author.


Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Bookt.

Bookt has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT BOOKT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.


Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.


DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

You can contact our Copyright Agent via email at [email protected].


Error Reporting and Feedback

You may provide us directly at [email protected] with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.


Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE PLATFORM, AND ANY SERVICES RELATED TO THE PLATFORM, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BOOKT, ITS DIRECTORS, AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM, AND ANY SERVICES RELATED TO THE PLATFORM, AND YOUR USE THEREOF.

NEITHER BOOKT NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE PLATFORM AND ALL OF ITS RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE PLATFORM, ANY OF ITS SERVICES OR ANY OF ITS CONTENT.

NEITHER BOOKT NOR ANY THIRD-PARTY WARRANT OR GUARANTEE THAT ANY FILES OR CONTENT AVAILABLE FOR DOWNLOADING THROUGH ANY BOOKT SERVICE OR PLATFORM WILL BE FREE OF MALWARE, VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE PLATFORM, AND ANY OF THE SERVICES RELATED TO THE PLATFORM, AND THE ACCURACY OF THE CONTENT. BOOKT IS NOT RESPONSIBLE FOR ANY ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.

BOOKT DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR SUBSCRIPTION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY OF THE PLATFORMS RELATED SERVICES OR THROUGH ANY HYPERLINKED SERVICES OR ADVERTISING, AND BOOKT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS, SERVICES OR SUBSCRIPTIONS.

NEITHER BOOKT, NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM OR ANY OF ITS RELATED SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BOOKT’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF THE USE OF THE PLATFORM OR ANY OF ITS RELATED SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE DEAL BETWEEN BOOKT AND YOU. IN COUNTRIES NOT ALLOWING EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL DAMAGES, BOOKT AND ANY THIRD-PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.


Indemnification

By accepting this Agreement, you agree to indemnify, defend, and hold Bookt and all its partners, employees, directors, information providers, and licensors harmless from and against any and all claims, liabilities, losses, damages, obligations, costs, and expenses, including attorney’s fees, incurred by Bookt, or any Bookt party, in connection with any Content or use of the Platform or any other Service offered/provided by Bookt, whether via your password and by any other person, whether or not authorised by you. This defence and indemnification obligation will survive these Terms of Use and your use of the Platform or any other Services related to the Platform.


General

The Agreement shall be construed in accordance with the laws of South Africa. You and Bookt irrevocably consent to the exclusive jurisdiction of the South African courts, with respect to any action, suit or proceeding arising out of or related to the Agreement, the Platform, and any Services related to Bookt or the Platform, and to any Content related to/uploaded to the Platform or any other medium related to Bookt and you agree to waive any objection to venue in any of the South African courts for such as action, proceeding, or suit. Furthermore, you agree that you will not bring any matter, action, suit or proceeding in any court other than a South African court.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

The Terms of Use, together with the Privacy Policy and any other legal notices published by Bookt on any Bookt Platform, Service, any medium directly related to Bookt or within the Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of the Agreement and any additional terms and conditions posted on any Bookt Platform, Service, or medium related directly to Bookt, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.


Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.


Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.


Contact Us

Please send your feedback, comments, requests for technical support: By email: [email protected].