Author Terms & Conditions

We are Autaway Limited trading as BookStreet (also known as BookStreet.io), a limited company (registration number 12185075 and VAT number GB 458 4341 75). Our registered office is at: Suite 2063, 6-8 Revenge Road, Chatham, England, ME5 8UD. For information on the best way to contact us

These terms apply to authors, publishers and rights-holders who list and sell their eBooks on BookStreet.io our online marketplace. These terms may change at any time.

Terms which appear in bold have specific meanings. For a full list of such terms, see clause 15 (Defined terms).

How to apply and our agreement with you

You can apply to become a author on our online marketplace here:Application Form. During the application process:

• You and we agree to only use and disclose the other 's confidential information as necessary for making and considering your application and to comply with the restrictions in How we and you must protect each other's confidential information.
• Insofar as you have access to our systems you agree to comply with all relevant restrictions in Your use of our systems.
• The provisions in clause 14 (Other important terms) shall apply to any disputes concerning your application.
• You may be asked to complete our identity verification process.

An agreement between you and us governed by these terms will come into force when we accept your application.

Your warranties about the information you give

You represent and warrant that:

• The information you provide to us in connection with your application to become an author on BookStreet.io is complete and accurate and you will promptly notify us of any changes to it and keep the author profile you create on our author interface up to date.
• Any documents you submit to us to support your application or in response to any request from us at any time are either genuine documents or true copies of genuine documents.

Our rights to verify the information you give us and your compliance with these terms

We may at our option at any time require you to promptly provide us with reasonable evidence that any information you have given us is true and up to date and that such information and your behaviour is in compliance with these terms. Such information includes (but is not limited to) information in connection with your application to become an author on BookStreet.io, in your author profile and in the listings for your eBooks. We can suspend or restrict individual listings until you have supplied this evidence and end this agreement if you don't comply with this requirement. See clause 7 (Suspension of listings, ending of this agreement and disputes).

You permit and instruct us to collect information about you and in connection with your performance of this agreement (including without limitation the eBooks you list on BookStreet.io) and disclose it to tax or other governmental or regulatory authorities as required by law or for compliance with our legal obligations.

Our communications with each other

When we accept your application to become an author we'll give you access to our author interface. We'll generally use our author interface to tell you about customer orders, questions, cancellations and complaints and also other things about our service, such as changes to these terms and our policies. We may also contact you via telephone, email or other methods.

You should use our author interface to get in touch with us wherever possible, but we may also give you other ways of contacting us. Before contacting us, you may want to look at our Frequently Asked Questions

Your communications with customers

You must always use the author interface to communicate with customers who have ordered with you through BookStreet.io or enquired about your eBooks through BookStreet.io. Where this is not possible (for example, where a customer, having ordered through BookStreet.io finds and calls you directly), you should enter accurate details of any communications with customers on the author interface. This helps us to keep a full record of all communications in relation to any transaction, in case there are any disputes.

If a customer contacts you about your eBooks through BookStreet.io you must not in any way ask or encourage the customer to buy those eBooks (or repeat orders for those or similar eBooks) either directly from you or from another source.

You must not use customer data obtained through BookStreet.io to solicit or transact with customers outside the platform

Your use of our systems

You may only use our author interface and the other computer systems that support, operate and comprise BookStreet.io (our systems) for listing and selling your eBooks and communicating with us and your customers as envisaged in these terms.

You agree to use all reasonable security practices to prevent unauthorised access or damage to our systems.

Except as permitted by any applicable law which you and we can't agree to exclude, you must not:

• Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our systems in any form or media or by any means.
• Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our systems.
• Access all or any part of our systems to build a eBook or service which competes with them.
• Use our systems to provide services to third parties or allow or assist third parties to access our systems.
• Create multiple accounts to evade punishment or avoid restrictions.

Creating your author profile and listing eBooks on BookStreet.io

You must create an author profile on BookStreet.io. Once you have done this you can create listings to sell your eBooks on BookStreet.io through our author interface. You represent and warrant that you will:

• Only create listings for eBooks which are not prohibited eBooks (as set out in our prohibited eBooks policy set out at the end of these terms).
• Only list eBooks which comply with all applicable legislation and regulations affecting their manufacture, sale, packaging and labelling and don't infringe third party trade marks or other intellectual property rights.
• Include in your listings, or where appropriate your author profile, all the information about you and your eBooks and how you will fulfil orders that is needed to comply with consumer protection law, as well as any relevant safety information about your eBooks. Our customer interface will prompt you to provide this information, but you're responsible for making sure you comply with the law.

To become an author on BookStreet.io, you must complete our identity verification process. You agree to:

Provide accurate identification documents as requested by us.

Verify your identity through our third-party verification service.

Promptly update your identity information if it changes.

We reserve the right to reject any application or suspend your account if we cannot adequately verify your identity or if we have concerns about money laundering, fraud, or intellectual property infringement or other breach of these terms.

You must ensure that your author profile and the listings for your eBooks:

• Do not include material prohibited by our Prohibited eBooks Policy.
• Only feature high quality images and descriptions, which you have all the necessary intellectual property and other rights to use in this way on BookStreet.io and to license to us as set out in Our use of your branding and other intellectual property rights.
• Are in the English language and are clear and comprehensible.
• Don't include anything which would encourage or allow customers to contact you other than through the author interface, such as email or social media contact details, website addresses or other links. We reserve the right to remove such information.
• Don't use any search engine optimisation techniques which breach search engines' guidelines or involve deception, including but not limited to keyword stuffing.

You can't list illegal, fake, stolen or unauthorised eBooks

• You acknowledge that we are subject to obligations under UK Online Safety Act and other UK content regulation laws. You agree that we may monitor, review, scan and assess eBooks and associated content (including metadata, descriptions and images) to ensure compliance with such laws and our policies. You agree that any review, approval or failure to remove content by us does not constitute endorsement or acceptance of responsibility for that content.
• We may suspend or remove any eBook, listing or author profile with immediate effect where we reasonably believe that it presents a risk of harm, breaches online safety obligations, or exposes BookStreet.io to regulatory, criminal or reputational risk.

You may only list eBooks that bear another company's authorised brand or logo on BookStreet.io, or which embody other third party intellectual property rights, if those eBooks were either made in the UK or imported into the UK with the consent of all relevant third party intellectual property rights-holders. You must maintain adequate processes and procedures to make sure that your eBooks are authentic, authorised for sale, not stolen, and not counterfeit or unauthorised copies. If we ask you to, you must promptly provide us with genuine and conclusive documentary evidence showing that you are authorised to sell specific brands or eBooks on BookStreet.io.

We can suspend a listing for a eBook or terminate this agreement under clause 7 (Suspension of listings, termination of this agreement and disputes) if you fail to comply with any requirement of this clause.

Any review, approval or failure to remove content by us does not constitute endorsement or acceptance of responsibility for that content

Content categorisation and age-restricted eBooks

When creating a listing for an eBook, you must accurately categorise the content of that eBook using the content categories provided in our author interface. In particular, you must identify any eBook which contains sexually explicit material, graphic depictions of violence, or any other content which is unsuitable for persons under the age of 18 (“age-restricted content”).

You represent and warrant that the content categorisation you apply to each eBook is accurate and complete. If you fail to correctly categorise an eBook as containing age-restricted content, you will be in breach of these terms and we may suspend or remove the listing with immediate effect. You will be liable for any associated liabilities arising from your failure to correctly categorise content, including any regulatory fines or penalties imposed on us.

eBooks categorised as containing age-restricted content will only be made available to customers who have completed our age verification process. We reserve the right to re-categorise any eBook, or to require you to re-categorise any eBook, if we reasonably believe the categorisation is inaccurate.

We may also, at our discretion, apply automated or manual content review processes to identify eBooks which may contain age-restricted content. You agree to cooperate with any such review and to promptly recategorise any eBook as requested by us.

Pricing your eBooks

How you price your eBooks is entirely up to you and you can change the price for your eBooks at any time using the author interface. Please allow a reasonable time for revised prices to be displayed on BookStreet.io. We'll charge customers the price shown on BookStreet.io at the time they submit their order.

On the checkout page you must state a total price for each eBook.

You must also ensure that any eBook listing or other pages which indicate the price of your eBooks give the total price inclusive of the elements listed above. If you cannot give the total, inclusive price for an eBook on one of these pages, for example because this will depend on how much the customer purchases or the delivery address, you must provide enough information to enable the customer to calculate the total price and ensure this information is as prominent as the rest of the pricing information.

What happens when we invite you to join marketplace promotions

We may invite you to participate in promotions on BookStreet.io, for example, by paying us for a more visible listing or offering discounts. The terms of such promotions will be available through the author interface and by submitting any of your eBooks for such a promotion you agree to the relevant terms.

How we use other sales channels and affiliates to market your eBooks

We use additional channels and affiliate programmes to market your eBooks, as sold on our site.

Platform availability

We aim to make the author interface available to you and BookStreet.io available to customers on a 24/7 basis. We reserve the right to take some or all of our systems offline as reasonably required for routine and emergency maintenance or repairs. We'll give you as much notice of such downtime as is reasonably possible. All communications using the internet may be affected by events outside our reasonable control (see Impact of events beyond your or our reasonable control (force majeure)).

What we do when a customer orders

BookStreet.io operates solely as an online marketplace and technical platform. We do not sell eBooks to customers, do not acquire title to eBooks at any time, and do not enter into contracts with customers as principal. The contract for the sale and supply of each eBook is formed solely between you and the relevant customer.

Customers ordering eBooks through BookStreet.io must click to accept our Standard Customer Terms, which are linked to from the checkout page.

When a customer orders one of your eBooks from BookStreet.io, we, acting solely as a disclosed agent in your name and on your behalf, will:

• Send the customer an order acknowledgement email in our standard format.
• Promptly inform you of the customer order via the customer interface.
• Send the customer an order acceptance email in our standard format and so form a direct contract for you to supply your eBook to the customer on our standard customer Terms. The contract is between you and the customer.
• If for some reason you or us can't fulfil an order, send the customer an order rejection email in our standard format.
• Process via Paypal (or other payment provider) payment for customer orders for your eBook when we confirm acceptance of an order in your name and on your behalf. The author interface will tell you whether or not payment has been received for any order.
• Deliver the eBook ordered by the customer through the customer platform and by email.

Our order acceptance email will serve as the customer's invoice issued in your name and on your behalf. Our email will include all the information about the ordered eBook which you have included in your eBook listing. You're responsible for ensuring that this information meets legal information requirements and for compliance with all applicable legal, tax and regulatory requirements in connection with any customer receipt issued in your name.

All payments are processed by third-party payment providers. We do not control and are not responsible for the actions, decisions or failures of such providers, including account freezes, reversals, delays or terminations. You are responsible for maintaining a valid and unrestricted payment account at all times. We may suspend listings if payments cannot be successfully routed to you.

Dealing with customer questions about orders

You must deal promptly and professionally with any customer questions about orders using the author interface. You must liaise with us if the question relates to any part of the process we're involved in. You and we will co-operate with each other in trying to resolve any such questions. All your interactions with customers must comply with the customer care policy set out in How you must handle customer complaints.

Dealing with customer cancellations

You acknowledge that eBooks constitute digital content for the purposes of consumer protection law. Where an eBook is supplied immediately after purchase, the consumer’s statutory right to cancel may be lost if the consumer has given prior express consent and acknowledged that they will lose that right.

We'll tell you if a consumer contacts us to cancel an order. When we do so, or when a consumer contacts you directly to cancel an order, you must comply with the returns and refunds policy and any further commitments you have made in your eBook listing or other marketing or advertising. You must promptly tell us of any refunds due to customers who have cancelled and these will be dealt with as described in How customers are refunded.

If you fail to refund a customer within a reasonable time, we may refund them on your behalf and you agree to indemnify us in respect of the refund and other costs incurred in refunding the customer or any other failings by you of consumer law.

How you must handle customer complaints

We'll tell you if a customer complains to us about you or one of your eBooks, including any complaints that eBooks have not been delivered or that cancelled orders have not been refunded and we'll provide you with all relevant details about the complaint.

You must deal with complaints we tell you about, and any complaints you receive directly from customers, in a way that complies with consumer law, and honour any additional commitments or guarantees you have made in your eBook listing or other marketing or advertising.

All of your communications with customers about complaints should be made through, or where this is not possible, accurately logged with, our author interface.

If, in relation to any dispute with a customer, you don't engage in dispute resolution, as required by these terms and in good faith, then we may refund and/or compensate the customer on your behalf. We can also do this if you don't abide by any commitment you have made during dispute resolution, any settlement reached through mediation or any ruling made by a court or other competent authority. Refunds will be handled as set out in How customers are refunded. You must reimburse us for payments made in compensation, see When you must pay our invoices.

See also clause 9 (Claims and actions against us in connection with you or your eBooks).

How customer reviews are collected and displayed

We reserve the right to remove any customer (or related material in your listings) if we consider it inappropriate. See also our rights to suspend listings and end your agreement for breach of our policies (clause 7 (Suspension of listings, ending this agreement and disputes)).

You may use the author interface to invite customers to whom your eBooks have been delivered to review your eBooks and to remind them of this invitation. We may also invite them to review by email. You must send invitations to submit a review either to all customers or to none (you cannot select which customers to invite).

Customers submitting a review do so in a prescribed format which may involve a free text box. We may detect customer reviews which we consider to be fake, or which contain harmful content, but we don't guarantee that we will do so. You're responsible for checking reviews for harmful content and telling us if you consider that a review should be removed. If we agree, we'll remove the review from the site and inform the customer we have done so.

You may respond to reviews using the customer interface, provided your response complies with our acceptable use policy. We'll publish your response below the review unless we reasonably think that it is harmful or for any other reason. We may remove responses on this basis at any time after they have been published.

Apart from an initial invitation to review your eBooks submitted through the author interface you must not directly or indirectly contact customers (whether through the author interface or using any other contact details you have for customers) either to encourage them to submit any review or a favourable review or to change or withdraw a review. You must not encourage customers to submit reviews of eBooks they have purchased on BookStreet.io anywhere other than on BookStreet.io.

Access to and use of data generated through use of BookStreet.io

Your own, and your customers' use of BookStreet.io will generate, data (including personal data), about orders, customer queries, ratings and reviews for your eBooks, and other matters. We may access this data ourselves (including the data categories) and give you access to this data.

We share anonymised data generated through your own and our other authors' use of BookStreet.io with all the authors using BookStreet.io and third parties. In particular, you should know that we monetise some of this data. You acknowledge that you have no right, title or interest in any revenues derived from anonymised or aggregated data generated through use of BookStreet.io.

Commission and fees

There is no set-up fee to list your eBooks on BookStreet.io. We charge a commission of 20% (plus VAT if applicable) on each eBook sale, calculated as a percentage of the total price paid by the customer for the eBook (excluding VAT). Commission is deducted automatically before payment is remitted to you.

We also charge you fees for handling refunds (see How customers are refunded) should any other fees become applicable on BookStreet.io we will make users aware of those fees. In each case fees are plus VAT.

What we pay you for eBooks sold on BookStreet.io

We'll pay you the sums received by us from customers for your eBooks less:

• Our commission and any VAT applicable to it.
• Any fees (and any VAT applicable to them) or other sums we have invoiced you for and which are unpaid at the time we pay you, whether or not the due date for payment has arrived (see When you must pay our invoices).
• Any sums owed to us in connection with any third party claim (see Compensation for claims against us) which are unpaid at the time we pay you.

We endeavour to display prices to customers in their local currency where possible and account to you in pounds sterling.

Our commission is calculated as a percentage of the total price paid by the customer for the eBook (including for packaging, personalisation and any optional extras but excluding VAT and delivery charges), as set out in our pricing guide.

You must account to HMRC (or other local tax authority) for any VAT due on sales of your eBooks on BookStreet.io and fully comply with your tax obligations in connection with the use of our services and the offer and sale of your eBooks on BookStreet.io including the collection, reporting, filing and payment of any and all applicable taxes (such as VAT, taxes and duties) and other governmental assessments.

We may change the structure of our fees, including moving between commission-based, subscription-based or flat-fee models, in accordance with clause 13 (Changes to these terms and our policies).

When we pay you

Our system will automatically credit your nominated Paypal account once the customer makes payment.

When you must pay our invoices

You must pay any invoices we submit to you within 30 days of receipt.

Interest on late payments

If you fail to make a payment due to us under these terms by the due date, then, without limiting the our remedies, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

How customers are refunded

If you instruct us to refund a customer on your behalf, we'll do so provided we can deduct such sums from money due from us to you. We are not obliged to refund more than the sums collected from the customer at checkout. If we can't deduct such sums from money due from us to you, we may either require you to refund customers directly or choose to refund customers ourselves and you must pay us the sums we refund in this way. See When you must pay our invoices.

We don't charge you commission on sums paid by customers and refunded to them provided the refund is made within 14 days. We reserve the right to charge you a fee if we consider the number of refunds being issued is excessive and we are incurring administrative time in refunding your customers frequently.

Where refunds exceed sums otherwise due to you, you shall promptly pay us the shortfall on demand. We are not obliged to advance funds on your behalf.

Our and your rights of set-off

Save as expressly provided in these terms (see What we pay you for eBooks sold on BookStreet.io and How customers are refunded), you and we shall each pay all amounts due under this agreement in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

International orders

BookStreet.io is available to customers worldwide. We endeavour to display prices in local currencies where possible. Customers from outside Great Britain may have rights under their local laws which apply as well as or instead of their rights under English, Welsh and Scottish law and our standard terms for consumers. You should be aware that if you sell to customers outside the UK, additional local consumer protection laws may apply to those sales.

Your use of our branding

You may publicise your listings on BookStreet.io outside BookStreet.io, for example, on social media. In doing so you must take care not to in any way suggest that you or your listings are endorsed, controlled or created by BookStreet.io. You can share the urls for your listings and author pages and state that your eBooks can be bought on BookStreet.io. However, you can't use the BookStreet.io stylised name or logos either on their own or in combination with another word or use the BookStreet.io name in your social media profile name or photo. You also can't create content with the same look or feel as that of BookStreet.io.

As soon as reasonably possible after this agreement ends, you must remove any content that suggests you sell on BookStreet.io from any places you control and use your best efforts to remove such content from any places owned by any third parties.

Our use of your branding and other intellectual property rights

You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and publish any content, data or information (including trade marks and branding and cover images) you provide to us in connection with you and your eBooks (but not the full text of the eBooks) (your materials) for the purposes of listing and selling your eBooks on BookStreet.io and through any other sales channels and affiliates. Our use of your trade marks and branding will comply with any brand guidelines you have provided to us.

clause 9 (Claims and actions against us in connection with you or your eBooks) sets out what happens if someone claims that our use of your materials (as set out above) infringes their intellectual property or other rights.

As soon as reasonably possible after this agreement ends, we'll stop all use of your materials on BookStreet.io. However, we reserve the right to continue using your materials for the purposes and period set out in Your obligations after this agreement ends and Our obligations after this agreement ends.

Except as stated above, we won't acquire any rights to your materialsand any goodwill generated by our use of your materials on BookStreet.io or through our marketing activities will accrue to you.

When we'll suspend your listings or end this agreement

We can suspend or restrict any individual listing you make on BookStreet.io if we become aware, or have reason to believe, that what you have told us about your eBook or said about your eBook in the listing for it is not true or up to date or that the eBook or the listing doesn't comply with these terms, including our policies (see The policies which form part of these terms) or is otherwise unlawful. We can also display a warning to customers about any of these issues (or as required to comply with any regulator's directions), on or near your listings or your customer facing author profile.

We can end this agreement and your rights to use BookStreet.io for any of the following reasons:

• You have not complied with these terms, including the policies referred to in them and your non-compliance is more than trivial or is repeated.
• You have not paid one of our invoices by the due date (see When you must pay our invoices).
• You have become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under this agreement is at risk.
• We reasonably consider that our continuing to provide services to you could expose BookStreet.io to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on BookStreet.io's reputation or the other authors selling on BookStreet.io.
• We decide to stop providing BookStreet.io or to stop selling your type of eBooks on BookStreet.io.
• We reasonably determine, or receive information or notice from HMRC (or other tax authority), that you are not meeting your tax obligations.

We'll give you at least 30 days' notice that we are ending this agreement unless:

• Our legal, tax or regulatory obligations require us to end this agreement without such notice.
• It's imperative for us to end this agreement either immediately or on shorter notice. For example, we may end this agreement with immediate effect if you become insolvent or we discover that your eBooks are unsafe or counterfeit or present a danger to minors or if we reasonably suspect you of fraud or of using BookStreet.io to spam others.
• You have repeatedly broken this agreement.

If we're suspending or restricting an individual listing or ending this agreement, we'll normally give you a written statement of the specific facts or circumstances which led to our decision and which of these terms we consider you have broken. If we're acting in response to a notification from someone else, we'll also share the contents of that notification with you. However, we won't give you such a statement if:

• We're subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out our reasons.
• We're ending this agreement because you have repeatedly broken it.

We'll send our statement to you via email or another durable medium. Where we're suspending or restricting an individual listing, we'll send the statement before or at the time of the suspension or restriction. If we're ending this agreement, we'll send the statement at the same time that we give notice that we are ending this agreement.

See also Your obligations after this agreement ends and Our obligations after this agreement ends.

If we restrict access to any content you generate or upload to or share on our service or suspend or ban you from using our service in a way that breaches this agreement, you have a right to bring a claim against us for breach of contract.

How to complain if you're not happy with our services including any decisions we have taken

If you want to complain about our services or the way we have treated you, including because you disagree with us refunding or compensating a customer, restricting or suspending a listing for your eBooks or ending this agreement, please contact us using the author interface complaint function.

You and we agree to try our best to resolve all complaints by following the steps set out in our author complaints policy. If we can't resolve your complaint in this way, either of us can request mediation. In addition, we are both able to bring legal action at any time (see Governing law and jurisdiction).

How you can end this agreement

You may stop using BookStreet.io at any time. This agreement will end when you have informed us, using the author interface, that you no longer wish to use BookStreet.io and you have removed your eBook listings and closed your account.

Your obligations after this agreement ends

After this agreement ends (for whatever reason) you must (unless we tell you otherwise):

• Immediately remove any listings for your eBooks from BookStreet.io.
• Leave your customer facing author profile (excluding listings for your eBooks) live until 60 days after your fulfilment of the last order you received through BookStreet.io, to allow customers to contact you about orders previously submitted. Once this period has expired you must remove your customer facing author profile.
• Continue to comply with these terms insofar as they relate to customer orders received through BookStreet.io before removal of your eBook listings. You need only comply with the version of these terms which applied when this agreement ended.

Our obligations after this agreement ends

After this agreement ends (for whatever reason) we:

• May remove all listings for your eBooks from BookStreet.io, if you have not already done so, and reject any order received after this agreement ends.
• May remove your customer facing author profile from BookStreet.io, if you have not already done so, except that we can keep it live until 60 days after your fulfilment of the last order you received through BookStreet.io, to allow customers to contact you about orders previously submitted.
• Will continue to comply with these terms insofar as they relate to customer orders received through BookStreet.io before removal of your eBook listings, including by paying sums due to you for such orders. We'll comply with the version of these terms which applied when this agreement ended.
• Will give you access to data (including personal data) generated by your use of BookStreet.io on request.

Meaning of liability in these terms

When we talk about liability in these terms we mean every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

Liabilities neither you nor we limit or exclude

Nothing in these terms limits any liability (whether yours or ours) which can't legally be limited, including but not limited to liability for:

• Death or personal injury caused by negligence, to the extent preserved by section 2(1) of the Unfair Contract Terms Act 1977.
• Fraud or fraudulent misrepresentation.
• Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

The limitations and exclusions set out in this agreement don't apply in respect of:

• Any liability arising from your or our deliberate default.
• Your liabilities to us under clause 9 (Claims and actions against us in connection with you or your eBooks).
• Our and your payment obligations under this agreement.

Types of loss you and we exclude liability for

Except in respect of Liabilities neither you nor we limit or exclude, we won't be liable to you and you won't be liable to us for:

• Loss of profits.
• Loss of sales or business.
• Loss of agreements or contracts.
• Loss of anticipated savings.
• Any indirect or consequential loss.

Caps on your and our liability to each other

Except in respect of Liabilities neither you nor we limit or exclude (which are uncapped), our total liability to you and your total liability to us is capped as follows:

• For loss arising from the other's failure to comply with the data protection provisions set out in clause 11 (Data protection obligations), the cap is £1,000.00
• For all other loss or damage the cap is £1,000.00

Payment of uncapped liabilities shall not reduce these caps.

Deadline for us to make claims against each other

Unless either of us notifies the other that they intend to make a claim in respect of an event within the notice period, the other shall have no liability for that event. The notice period for an event starts on the day on which the party claiming became, or ought reasonably to have become, aware of the event having occurred and expires 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

Dealing with claims against us

We'll pass on to you any complaints we receive about you or one of your eBooks as described in How you must handle customer complaints. However, if anyone, including (but not limited to) a customer, any regulator, HMRC, couriers or any third party rights holder, makes a claim or takes any kind of action against us in connection with:

• Your eBooks and their supply through BookStreet.io.
• Content you have uploaded to or otherwise distributed through our systems, including but not limited to your author profile, your eBook listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.
• Things we have or haven't done in reliance on information you have provided (or omitted to provide) to us, including our exercise of rights you have granted to us.
• Things you have or haven't done including but not limited to any breach of these terms and our policies,

(a third party claim), then you must, at our option and as we request, either help us defend or deal with the third party claim or defend or deal with it on our behalf, in each case at your own expense. If we ask you to defend or deal with a claim on our behalf, you must get our prior written agreement before settling or compromising it or attempting to do so.

Compensation for claims against us

You must pay us an amount (calculated on a full indemnity after-tax basis) equivalent to any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other reasonable professional costs and expenses (and associated liabilities) arising out of or in connection with any third party claim.

You must comply with the law and our mandatory policies

You must at all times when doing anything in connection with this agreement comply with all applicable laws, statutes, regulations and codes from time to time in force including without limitation the CAP Code.

Consumer law indemnity

Without prejudice to the generality of the indemnity set out above, you shall indemnify us and keep us indemnified against all associated liabilities which we may suffer or incur, directly or indirectly, as a result of:

any breach by you of applicable consumer protection law in connection with the sale or supply of your eBooks through BookStreet.io, including (without limitation) the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the Consumer Protection from Unfair Trading Regulations 2008;

any failure by you to provide accurate, complete and legally compliant pre-contractual information to customers as required by law or by these terms;

any claim by a customer, a trading standards authority, the Competition and Markets Authority or any other regulator arising from your breach of consumer protection law or any misleading, inaccurate or incomplete information provided by you in connection with your eBooks, eBook listings or author profile;

any failure by you to handle customer complaints, cancellations or refunds in accordance with these terms, our policies or applicable law.

This indemnity is in addition to, and does not limit, your obligations under clause 6 (Dealing with customer orders, refunds and complaints) or any other provision of these terms.

How we and you treat personal data we share with each other

We'll process your personal data in accordance with our data protection policy.

We and you may share with each other the following types of personal data we have collected in connection with this agreement (shared personal data):

• Names, addresses and contact details of customers for your eBooks.
• Information about customer orders for your eBooks.
• Information about customer queries and complaints in relation to orders.
• Information about customer searches and activity on the site.
• Information about our respective employees.
• Information about individuals working with other organisations that we or you work with.

We and you agree that we shall only process shared personal data which we receive from the other for the following purposes:

• Fulfilling orders for your eBooks.
• Dealing with queries and complaints from customers about your eBooks.
• Marketing eBooks and services to customers, subject to appropriate consents to marketing being in place and in your case subject to the constraints set out in Your communications with customers.
• Dealing with each other's employees and individuals working with other organisations for the purposes of operating this agreement.

Both we and you shall comply with all the obligations imposed on acontroller under UK data protection law. If either we or you fail to do so, the other can end this agreement, as set out in When we'll suspend your listings or end this agreement and How you can end this agreement.

Both we and you will:

• Ensure that all necessary notices, consents and lawful bases are in place to enable lawful transfer of the shared personal data to the other as well as to their employees and the entities they use in connection with this agreement ().
• Give full information to any data subject whose personal data may be processed under this agreement about the nature of such processing. This includes giving notice that, when this agreement ends, personal data relating to them may be retained by or transferred to one or more of the permitted recipients, their successors and assignees.
• Not disclose or allow access to the shared personal data shared personal data to anyone other than the permitted recipients.
• Ensure that all permitted recipients are subject to written contractual obligations concerning the shared personal data(including obligations of confidentiality) which are no less demanding than those imposed by this agreement.
• Ensure that appropriate technical and organisational measures are in place to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. Such measures shall include, but not be limited to, those set out in our data protection policy.
• Not transfer any shared personal data received outside the UK without ensuring that
• the transfer is to a country approved under UK data protection law as providing adequate protection;
• there are appropriate safeguards or binding corporate rules in place, pursuant to UK data protection law ;
• we or you (as appropriate) otherwise comply with all the obligations imposed under UK data protection law by providing an adequate level of protection to any personal data that is transferred; and
• one of the derogations for specific situations in UK data protection law applies to the transfer.

Both we and you shall assist the other in complying with UK data protection law . The things we and you will do include but are not limited to:

• Consulting the other about any notices given to a data subject in relation to the shared personal data.
• Promptly telling the other about receipt of a data subject rights request in relation to the shared personal data.
• Providing the other with reasonable help in complying with any data subject rights request in relation to theshared personal data.
• Not disclosing, releasing, amending, deleting or blocking any shared personal data in response to a data subject rights request without first consulting the other, wherever possible.
• Helping the other (at the other's cost) to respond to any data subject rights request and to comply with UK data protection law with respect to security, personal data breach notifications, data protection impact assessments and consultations with the Information Commissioner or other regulators.
• On becoming aware of a breach of UK data protection law (by themselves or the other), notifying the other of it as soon as reasonably possible.
• When this agreement ends, either deleting or returning shared personal data (and any copies of it) received from the other, unless required by law to store it.
• Using technology compatible with the other's technology to process shared personal data, to ensure that transfers to or from the other don't result in inaccuracies.
• Maintaining complete and accurate records and information to demonstrate that it has complied with these provisions.
• Providing the other with contact details of at least one employee as point of contact and responsible manager for all issues arising out of UK data protection law, including the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with UK data protection law.
• Data protection indemnity
• You shall indemnify us and keep us indemnified against all associated liabilities which we may suffer or incur, directly or indirectly, as a result of:
• any breach by you (or any person acting on your behalf) of your obligations under this clause 10 (Data protection obligations) or under UK data protection law;
• any act or omission by you (or any person acting on your behalf) which causes us to breach UK data protection law;
• any personal data breach (as defined in UK data protection law) caused by your acts, omissions or negligence or those of any person acting on your behalf;
• any claim by a data subject or the Information Commissioner arising from your processing of shared personal data otherwise than in accordance with this agreement or UK data protection law.
• For the purposes of this indemnity, "associated liabilities" has the meaning given in clause 15 (Defined terms) and includes (without limitation) any fines, penalties or enforcement notices imposed by the Information Commissioner or any other supervisory authority, and any compensation ordered or agreed to be paid to data subjects.
• This indemnity shall not be subject to the liability caps set out in clause 8 (Limitations on liability and platform availability).

How we make changes to these terms

We'll let you know via email or another durable medium about any changes we're making to these terms (including the policies referred to in them), unless they're just editorial changes which don't alter the terms' content or meaning.

Normally we'll give you at least 15 days' notice before such changes take effect.

We'll give you more notice if a change we're making impacts on the way you do things, either technically or commercially (a significant change). For example, you might need more notice if we entirely remove a feature from BookStreet.io, add a new feature or if you need to adapt your eBooks to continue using BookStreet.io.

We won't give you advance notice if we have to make a change with immediate effect, whether for legal or regulatory reasons or to protect BookStreet.io, our authors or our customers from fraud, malware, spam, data breaches or other cybersecurity risks.

If you list new eBooks on BookStreet.io after we have told you about any changes (other than a significant change), you will be deemed to have agreed to those changes and they will take effect immediately.

What you can do if you're unhappy about changes we have made

If you're unhappy with any changes we tell you about, you can normally end this agreement. The exceptions are that you can't end this agreement because of a change if:

• You have listed new eBooks on BookStreet.io after being told about the change (although this will not prevent you from ending this agreement for a significant change).
• You have previously told us that you accept the change.

See How you can end this agreement.

Governing law and jurisdiction

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each of us irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement, its subject matter or formation.

Impact of events beyond your or our reasonable control (force majeure)

Neither you nor we (the affected party) shall be in breach of this agreement or otherwise liable for any failure or delay in performing their obligations if such delay or failure results from events, circumstances or causes beyond the affected party's reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for 14 days, the party not affected may end this agreement by giving 14 days written notice to the affected party.

We can transfer our rights and obligations under this agreement

We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with (transfer) any or all of our rights and obligations under this agreement.

What happens if you want to transfer your rights and obligations under this agreement (including by using subcontractors)

You need to get our consent before you can transfer any of your rights and obligations under this agreement, including by using subcontractors. You can ask us for approval using the author interface.

How we and you must protect each other's confidential information

Neither you nor we (the recipient) shall at any time during the term of this agreement, and for a period of two years after it ends (for whatever reason) disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or authors of the other (the discloser) or of any member of the group of companies to which the discloser belongs, except:

• To the recipient's employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the recipient's rights or carrying out its obligations under or in connection with this agreement. The recipient shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the discloser's confidential information comply with this clause (How we and you must protect each other's confidential information).
• As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

The recipient shall not use the discloser's confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement. Our confidentiality obligations to you shall not restrict our rights as set out in Access to and use of data generated through use of BookStreet.io.

Neither we nor you are bound by anything said but not included in this agreement

This agreement (comprising these terms and the policies referred to in them) constitutes the entire agreement between you and us in relation to our services.

Both you and we acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Both you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this agreement.

Informal changes to this agreement aren't valid

Except for changes made as described in How we make changes to these terms, no variation of this agreement shall be effective unless it is in writing and signed by you and us.

You and we can only waive our rights under this agreement in writing

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

Invalidity of part of this agreement doesn't affect the rest of it

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

Only you and we have rights under this agreement

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Neither you nor we require the consent of any other person to rescind or vary this agreement.

Terms in bold have the following meanings

appropriate technical and organisational measures

has the meaning set out in UK data protection law.

associated liabilities

means any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other [reasonable] professional costs and expenses.

controller

has the meaning set out in UK data protection law.

UK data protection law.

means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to either you or us relating to the use ofpersonal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to either you or us.

data subject

has the meaning set out in UK data protection law.

insolvent

means, in relation to either party that it has taken any step or action in connection with:

• Entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring).
• Applying to court for, or obtaining a moratorium under, Part A1 of the Insolvency Act 1986.
• Being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring).
• Having a receiver appointed to any of its assets.
• Ceasing to carry on business.
• If the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.

our systems

means our author interface and the other computer systems that support, operate and comprise BookStreet.io.

permitted recipients

means your and our employees and the entities you and we use in connection with this agreement.

personal data

has the meaning set out in UK data protection law.

personal data breach

has the meaning set out in UK data protection law.

process

has the meaning set out in UK data protection law.

processing

has the meaning set out in UK data protection law.

processed

has the meaning set out in UK data protection law.

significant change

means a change to these terms which impacts on the way you do things, either technically or commercially. Examples of significant changes might be our entirely removing a feature from BookStreet.io, adding a new feature or a change which means you need to adapt your goods or reprogramme your services to continue using BookStreet.io.

shared personal data

the following types of personal data we and you have collected in connection with this agreement:

• Names, addresses and contact details of customers for your eBooks.
• Information about customer orders for your eBooks, including any personalisation requests.
• Information about customer queries and complaints in relation to orders.
• Information about customer searches and activity on the site.
• Information about our respective employees.
• Information about individuals working with other organisations that we or you work with.

third party claim

means a claim or any kind of action against us made by anyone, including (but not limited to) a customer, any regulator. HMRC, couriers or any third party rights holder, in connection with:

• Your eBooks, their importation to the UK and their supply through BookStreet.io.
• Content you have uploaded to or otherwise distributed through our systems, including but not limited to your author profile, your eBook listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.
• Things we have or haven't done in reliance on information you have provided (or omitted to provide) to us, including our exercise of rights you have granted to us.
• Things you have or haven't done including but not limited to any breach of these terms and our policies,

transfer

means assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with

VAT

means value added tax chargeable under the Value Added Tax Act 1994 of the United Kingdom and legislation supplemental thereto or replacing, modifying or consolidating it and including any similar, substitute, or replacement tax on, inter alia, the supply of goods or services in the United Kingdom.

your materials

means any content, data or information (including trade marks and branding) you provide to us in connection with you and your eBooks.

Prohibited eBooks policy

You may not list for sale through BookStreet.io any eBooks which:

• Are stolen, replicas, counterfeits or unauthorised copies.
• Violate the intellectual property, confidentiality or privacy rights of others.
• Violate any laws or consumer protection.
• You don't have authority to sell.
• It is illegal to sell.
• It is illegal to sell online.
• It is illegal to sell to persons under 18.
• Require the performance of age, identity or other checks on the purchaser, where they are sold online.
• Contain any material that is obscene or pornographic (whether unlawful or at our discretion which we consider obscene).
• Where any payment provider, app store or distribution partner imposes stricter content restrictions than those set out in this agreement, those restrictions shall prevail.