TERMS AND CONDITIONS
1.1 These terms and conditions (the “Terms and Conditions”) govern your access to and use of the Flip Book Online service (the “Service”) provided by Information Systems Impact S.A. (“Impact”).
1.2 The Service is accessible on www.flip-book-online.com (the “Website”). BY ACCESSING THE WEBSITE AND/OR MAKING A REQUEST FOR THE SERVICE (INCLUDING BY COMPLETING AND SUBMITTING AN ONLINE FORM) YOU AGREE TO ENTER INTO A LEGAL CONTRACT WITH IMPACT, GOVERNED BY THESE TERMS AND CONDITIONS. YOU AGREE THAT FORMATION OF SUCH CONTRACT AND ACQUIESCENCE OF THESE TERMS AND CONDITIONS SHALL BE DEFINITIVE BY ANY OF: (A) YOUR USING A MOUSE “CLICK” TO SUBMIT AN ONLINE FORM; (B) UPLOADING ANY MATERIALS ON THE WEBSITE; AND/OR (C) ANY PAYMENT BY YOU FOR THE SERVICE BEING INITIATED OR PROCESSED.
2.1 The Service allows you to prepare and view online Flash® - enabled renditions of PDF files (each an “Flip Book”) and consists in: (a) a non-exclusive and non transferable license to use Impact’s flip book ASP software application (the “Application”), solely on the Website and solely for purposes of uploading and converting one (1) appropriate PDF file into a Flip Book (the “License”); (b) hosting of the Flip Book on a server owned or controlled by Impact for a period of one (1) year as of the date of confirmation of your payment for the relevant Flip Book (the “Initial Period”); and (c) your ability to publish your Flip Book on the internet during the Initial Period, by using a URL link to the Website page relevant to hosting thereof.
2.2 If so requested by you to Impact in writing, no later than thirty (30) days prior to the lapse of the Initial Period (or any Extension thereof, as defined below), Impact may extend hosting of your Flip Book for one or more further consecutive periods of one (1) year each, commencing on the last day of the Initial Period (each an “Extension”), subject to payment by you, prior to the first day of each such Extension of the then current Extension fee, as advertised from time to time by Impact on the Website.
3. Eligibility and Conditions Precedent
3.1 You may only receive the Service if you: (a) have fully completed an online form on the Website; (b) have followed the instructions on the Website, including in respect of acceptance of the Terms and Conditions; (c) have completed your payment to Impact of any and all fees specified in these Terms and Conditions, within the periods specified herein; and (d) you have otherwise complied (and continue to comply) with all of these Terms and Conditions.
3.2 By requesting the Service or any Extension you represent and warrant to Impact that:
- You are of legal age and have full capacity to legally transact business;
- Your personal and billing details posted on the Website are true and correct in all respects;
- You have full authority to request the Service or Extension on behalf of the business or entity whose details are entered on the Website;
- You are not resident in a jurisdiction, country or territory in which the Service is prohibited, restricted or subject to any direct or indirect tax that would require you (or a banker or person acting as your agent for payment purposes) to make any withholding on any amount of Fees (as defined below);
- Any and all materials used or uploaded by you for purposes of preparing a
Flip Book comply in all respects with these Terms and Conditions; and
- You have read, understand and accept these Terms and Conditions and agree to abide by them in their entirety.
4.1 By requesting the Service or any Extension, you agree to make payment to Impact, within 48 hours of your request, of the respective fees each time advertised by Impact on the Website in respect of the Service or each Extension, respectively (“Fees”). All payments of Fees shall be processed by Pay Pal and/or such other micro-payment solution as the Website each time requires.
4.2 All Fees are quoted in and payments of Fees may only be made in Euro (€). Any and all payments of Fees shall be deemed completed once Impact has received confirmation that a payment for Fees has been irrevocably credited in immediately available funds in Euro in Impact’s bank account.
4.3 Any Fees advertised on the Website are quoted on a net basis. Any payment involving, processed or otherwise handled in a manner resulting in Impact receiving a net amount less than the amount of Fees advertised on the Website shall be considered as non-compliant and shall be disregarded.
4.4 You agree that, to the extent applicable, any and all bank or other transaction processing charges, direct or indirect taxes, sales taxes, VAT, duties, levies, imposts or similar charges of any nature or description whatsoever, whether currently applicable or to be introduced at any future time in respect of the Fees (or any part thereof) by any processing bank, taxing jurisdiction, together with any surcharge, interest or penalty thereupon, shall be solely for your own account. Without limiting the foregoing, any vat (if applicable) shall be charged to you by Impact in addition to and by means of a corresponding increase of any fees advertised on the website
4.5 Impact reserves the right to update or revise the levels of Fees and/or its pricing policies at any time and without prior notice. Any such update or revision shall take effect as soon as advertised on the Website.
4.6 All Fees for the Service are quoted per Flip Book and per converted PDF file, are indivisible for the Initial Period and are not refundable, in whole or in part. All Fees advertised in respect of an Extension are quoted in respect of annual periods for your entire portfolio of Flip Books, are indivisible for the term of each Extension and are not refundable, in whole or in part
4.7 BY INITIATING ANY PAYMENT VIA AN ONLINE FACILITY, YOU ACKNOWLEDGE AND ACCEPT ALL RISKS INHERENT IN OR ASSOCIATED WITH SUCH FACILITY.
5.1 By requesting the Service or an Extension you irrevocably instruct Impact to proceed forthwith with the provision of the Service or the grant of the Extension and understand that Impact will rely on your instructions to provide the Service instantaneously. Accordingly, you agree to irrevocably waive any and all rights to rescind, cancel or withdraw your instructions for any reason whatsoever, regardless of whether you may qualify as a consumer or would otherwise be entitled to a “cooling off” or similar period.
5.2 Impact or you may cancel the agreement under these Terms and Conditions with immediate effect, without stating reasons. Cancellation shall not affect payment of any Fees, all of which are non-refundable. Impact will process a customer cancellation as quickly as possible given other work commitments.
6. Flip Book Materials and Indemnity
6.1 By uploading (or attempting to upload) any PDF file for conversion into
a Flip Book, you represent and warrant that you are the sole and uncontested owner of the materials and contents of such file, including any and all text, images and other material included in, associated with or embedded therein (together the “Materials”) and the Materials (and each part or portion thereof), do contain viruses or harmful code, do not contravene intellectual property, copyright or similar rules, are not offensive, defamatory, obscene or otherwise inappropriate, do not violate any applicable laws and are not otherwise unsuitable for display or access on the internet.
6.2 If you fail to make payment of any Fees in accordance with these Terms and Conditions or you breach any of your representations set out in clause 6.1 above, Impact reserves the right to cancel the Service and delete the Materials and any non-compliant Flip Book (whenever created) without notice to you and with immediate effect. No Fees paid will be refunded.
6.3 Your use of the Website and any Materials is in every respect your own responsibility. Without prejudice to clause 6.1 above, Impact accepts no responsibility for the correctness, legality, quality or otherwise of any Materials. Accordingly, Impact shall not be liable for any loss or damage, whether direct or indirect, incurred by you or any person as a result of the Materials or your use of the Service or Website, including, but not limited to any loss of data of any kind (including loss or damage of installed software), unauthorized access to any of your data or systems or damage arising as a result of any of the foregoing.
6.4 Without prejudice to clause 6.2, you agree to be fully liable for and to effectively indemnify Impact (and its officers, employees and agents) against any and all direct liability, loss, damages, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by the same arising out of or in connection with any action, claim, suit, proceeding or investigation in any jurisdiction and brought by any person(s) (including, but not limited to, any administrative, governmental, judicial, taxing or other competent authority) and relating, directly or indirectly, to the Materials and/or any breach of these Terms and Conditions.
6.5 If, for any reason, the Materials result in extraordinary load on Impact’s servers and/or are likely to adversely affect the processing speed or user experience on the Website, Impact reserves the right to remove the relevant Flip Book and Materials or invoice you for the extraordinary operating cost. No Fees shall be refunded.
6.6 Yours is the sole responsibility for correctly uploading any Materials. The Website contains detailed guidelines and Impact shall therefore not be held liable for errors and omissions in any Flip Book or its creation or publication. No Fees will be refunded in connection with incorrect uploads. In the case of demonstrable and irreversible errors in Impact’s system, which make use or display of your Flip Book impossible, no refund of Fees may be requested and your sole remedy shall be to request Impact to credit you for one (1) free License for one (1) Flip Book.
6.7 No Materials are to be returned by Impact to you under any circumstances. Once uploaded, no Materials may be modified or changed. A separate License shall be required (and corresponding Fees payable) in respect of any modified Materials.
7. No Warranties – Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND/OR THE SERVICE AND/OR ANY HOSTING SERVICES RELATING TO ANY FLIP BOOK AND/OR ACCESS TO THE WEBSITE (TOGETHER THE “SERVICES”) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY IMPACT UNDER THESE TERMS AND CONDITIONS ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND IMPACT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF ININTERRUPTED PROVISION OF THE SERVICES, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IMPACT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IMPACT OR ANY OF ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. WITHOUT LIMITING THE FOREGOING, IMPACT SHALL NOT BE LIABLE FOR AND FULLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY INTERRUPTIONS, INTERFERENCE, FAULTS, DAMAGE, ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, TO CIRCUMSTANCES BEYOND IMPACT’S CONTROL, INCLUDING BUT NOT LIMITED TO INTERNET OVERLOAD, FAULTS OR ERRORS OF ANY PERSON OR IN ANY PUBLIC OR PRIVATE NETWORKS, THE USE OR DISSEMINATION OF COMPUTER VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, ANY NATURAL DISASTER (SUCH AS EARTHQUAKES OR FLOODS), EMERGENCY CONDITIONS (SUCH AS WAR, RIOT, FIRE, THEFT OR LABOR DISPUTE), LEGAL CONSTRAINT OR GOVERNMENTAL ACTION OR INACTION, BREAKDOWN OR FAILURE OF EQUIPMENT, BREAKDOWN OF ANY SUPPLIER, OR YOUR ACT, OMISSION, NEGLIGENCE OR FAULT.
8. Your Information
8.1 You agree that Impact may use your information submitted on the Website to provide the Service and otherwise comply with these Terms and Conditions and applicable law.
8.2 You agree that Impact may collect and use technical data and related information, including but not limited to technical information about your computer system and application software, and peripherals, that is gathered periodically to facilitate product support and other services to you (if any) related to the Application. Impact may use this information, as long as it is in a form that does not personally identify you, to improve its products, services or technologies.
9. Contact and Support
Impact does not offer telephone contact or support in respect of the Application or Service. Any related questions should be directed to Impact on the customer support email specified on the Website. Impact will endeavor to respond to queries by email, in a commercially reasonable period, not exceeding five (5) business days.
Impact may update or modify the Application or any aspect of the Service or Website at any time without prior notice. Impact accepts no responsibility for any associated changes, losses, errors or omissions.
11. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Impact in relation to the Service and/or any Extension.
12. Applicable Law and Venue
These terms and conditions and your agreement with Impact hereunder shall be governed by the substantive laws of the Hellenic Republic. Any disputes or disagreements arising out of or in connection with the service and/or these terms and conditions shall be exclusively be settled by the ordinary courts of Athens, Greece. This clause is for the benefit of Impact only and nothing in these terms and conditions shall prevent Impact from initiating proceedings before any competent court in any other jurisdiction.