Milbooks / Militzabooks Store Terms of Service
Welcome to the Milbooks / Militzabooks Store. The terms of service set out below govern your use of the Milbooks / Militzabooks Stores (the “Milbooks / Militzabooks Store Terms of Service”), and this is a legally binding agreement made by and between you and Bureau Maatschappelijk Consulent & Technisch Advies (hereafter referred by BMC or us), which is the company that operates the Milbooks and Militzabooks stores. Other terms and conditions, policies and guidelines may also apply.
By registering on, using or accessing the milbooks.info, militzabooks.com or militzabooks.info websites (hereafter referred to as the Websites) this agreement is made between you and BMC.
Please read these Terms of Service carefully before using the Websites. By visiting and/or using the Websites, creating an account, placing an order, downloading and/or streaming Digital Content or Video Content and applications developed by BMC or by third parties on the Websites, you acknowledge and agree that you have read, understood and agree to be bound by Milbooks / Militzabooks Store Terms of Service. If you do not agree to be bound by these Terms of Service, you should leave the Websites immediately and cease all your use of it.
Please note that nothing in these Milbooks / Militzabooks Store Terms of Service affects your mandatory statutory rights under applicable local laws, to the extent that such rights apply to you and cannot be limited or excluded. For customers resident in the European Union, this includes mandatory statutory warranties and/or guaranties (for example the legal guarantee of conformity for certain goods, where applicable) which cannot be excluded or limited.
CONTENTS OF THESE MILBOOKS / MILITZABOOKS STORE TERMS OF SERVICE
Section 1: DEFINITIONS
Section 2: CREATING AN ACCOUNT
Section 3: USE OF THE MILBOOKS / MILITZABOOKS STORE
Section 4: YOUR RIGHTS REGARDING DIGITAL CONTENT AND VIDEO CONTENT (PART A –Digital Content and PART B – Video Content)
Section 5: TERMINATION OR SUSPENSION
Section 6: DISCLAIMERS; EXCLUSIONS AND LIMITATIONS
Section 7: DISPUTE RESOLUTION
Section 8: GENERAL
The following definitions are used throughout these Milbooks / Militzabooks Store Terms of Service:
“Content” means Digital Content and Video Content.
“Digital Content” means digital or electronic content or media, including video content, which is available to you through the Websites, audiobooks, digital magazines, digital newspapers, digital journals and other periodicals, blogs, software applications (including applications developed by BMC or third parties) and other digital content as determined by us from time to time.
“Video Content” means digital versions of movies, television shows and other video content which, depending on your location, may be made available to you.
- CREATING AN ACCOUNT
(a) Creating an Account. You may visit and browse the Websites without registering or opening an account with us. However to place orders, purchase and/or download or stream items and content from the Websites, including Digital Content and/or Video Content, you will need to first open an account by registering with us.
Once registered, you are responsible for: (i) keeping your account password confidential and secure, (ii) avoiding unauthorized access to your account and (iii) keeping the e-mail address associated with your account current (you acknowledge that it is important to keep the e-mail address associated with your account current because although you may be able to log into your account using an old e-mail address, you will not receive messages from us about your orders and enquiries or other matters).
You are solely responsible for all activities that occur within or through your account. You agree to notify us of any actual or anticipated security breach of your account. We will not be held liable for any loss or damage arising from your failure to comply with these obligations.
(b) Age of Users. Unless otherwise specifically noted in the features made available to you, the Websites and any products and services appearing, marketed or sold on the Websites, including Digital Content and/or Video Content, are intended for and directed towards the purchase by adults (those aged 18 years or above) or with the consent of adults. Individuals under the age of 18 years may only use the Websites with the supervision of a parent or legal guardian and should review the Milbooks / Militzabooks Store Terms of Service with a parent or legal guardian to ensure that they understand them.
- USE OF MILBOOKS / MILITZABOOKS STORE
(a) How the Websites work. The Websites permits you to browse and select items, once you are ready to check out you will be presented the option to create an account or login to your existing account. The delivery options will depending on the type of item purchased. We will use reasonable efforts to grant you access to your account. Temporary interruptions to your account or the services provided by the Websites may occur for technical reasons (including maintenance, repairs, implementation of new services) which we will use our commercially reasonable efforts to limit. The range of items available to you through the Websites will depend upon a number of factors, including where you reside, where you attempt to access the Websites from and the computer, mobile or other electronic device that you are using. Not all the Websites Content may be available to all users.
Details of how to place orders, make purchases in and otherwise browse and use the Websites can be found in the Websites. There you will also finds details on how to amend and/or cancel your order, return items and receive a refund, where applicable. Please also see our Refund Policy.
(b) Prices. Prices listed or shown on the Websites may differ from the price shown in your shopping basket. It is possible that prices may increase or decrease between the time an item is placed in your shopping basket and the time that the purchase is actually made.
Despite our best efforts, on rare occasions an item may be priced incorrectly on the Websites. If we have made a mistake and the correct price for the item is actually higher than the price listed on the Websites at the time of purchase, then we may either (at our sole discretion and to the maximum extent permitted by applicable local law): (i) contact you to see whether you want to buy the product at the higher price; (ii) cancel your order for such item and notify you of the cancellation; or (iii) ship the item to you at the incorrect lower price to your benefit.
Please note that this Section 3(b) above regarding prices applies only to items sold and shipped by us or provided to you by us via a download link and does not apply to items provided by third parties.
(c) Risk of Loss. With the exception of Digital Content and Video Content, the risk of loss and title for all items purchased via the Websites pass to you upon delivery of the item to the carrier.
The risk of loss of title for all items purchased via the Websites pass to you upon delivery of the item to the delivery (e-mail) address specified in your order confirmation.
(d) Availability. Wherever possible, we list information regarding availability of items sold through the Websites. Despite our best efforts some products may be shown incorrectly as available on the Websites. We will inform you during the order process if an item you order turns out to be unavailable and you will not be charged or will be refunded for such items.
(e) Content and Product Descriptions. All information and descriptions provided about items made available through the Websites are for your information only; information and descriptions may be less detailed and, in certain circumstances, different to information contained in actual item packaging, materials and other descriptions. Please read all packaging, labels, safety warnings, instructions and directions for use prior to using items made available through the Websites. The items made available through the Websites that are not produced by us contain descriptions that are provided directly by the publisher, manufacturer, developer, distributor or seller of such item (as the case may be).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, WE ACCEPT NO RESPONSIBILITY FOR INACCURATE OR INCOMPLETE INFORMATION ABOUT ANY ITEMS DISPLAYED, ADVERTISED, MADE AVAILABLE AND/OR SOLD IN OR THROUGH THE WEBSITES WHICH HAS BEEN PROVIDED TO US BY A THIRD PARTY. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, WE DO NOT REPRESENT OR WARRANT THAT THE DESCRIPTIONS OF SUCH ITEMS ARE ACCURATE OR COMPLETE. IF YOU PURCHASE AN ITEM FROM US THAT IS NOT AS DESCRIBED ON THE WEBSITES, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LOCAL LAW YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE, SUBJECT TO SECTIONS 3 (F) AND (G) BELOW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LOCAL LAWS, TO THE EXTENT THAT SUCH RIGHTS APPLY TO YOU AND CANNOT BE EXCLUDED OR LIMITED.
(f) Returns and Refunds – Physical Items (e.g. devices and accessories).
Physical goods purchased from the Websites may be returned to us for a refund by a credit voucher within fourteen (14) days of receipt. The refund does not include the shipping costs.
Physical items: You must request a Return Material Authorization by contacting customer service at firstname.lastname@example.org and return the goods to us at the instructed address. Items must be returned undamaged in their original packaging, with all components included in the box. The packaging may be opened (unless it is an audiovisual product, sound recording, e-book or software) but the packaging and all components must be in re-sellable condition.
Return postage costs are covered by us if the return is due to our error or the products are faulty. In all other cases, you are responsible for meeting the return postage costs and insurance as we do not take title to the returned items until they arrive at the return address. Where you are due a refund, refunds will be made in the original currency of payment.
(g) Refunds – Content.
Content cannot be returned once purchased.
You may return Digital Content to us within seven (7) working days from the purchase date for a refund provided that it has not been downloaded. You acknowledge and accept that you do not have a right to withdraw from the contract with us for Digital Content once downloading has commenced.
(h) Notice and Take Down Procedure For Claims of Infringement. If you believe in good faith that materials contained on the Websites infringe your rights (for example, your copyright), you (or your agent or representative) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the work claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable us to locate the material on the Websites; (iv) your name, address, telephone number and e-mail address; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights-holder, its agent or representative, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury (where applicable in accordance with applicable local laws), that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. It you are seeking to send us such a notice with respect to a non-exclusive right, you must comply with the foregoing sections (i)-(vi), but in addition provide evidence to us on what basis you have the right to allege infringement and make a complaint.
(i) Third Party Websites and Advertisements (where available). We take no responsibility for third-party advertisements or third-party applications that are posted on or through or made available on the Websites, and, to the maximum extent permitted by applicable local laws, we do not take any responsibility for any goods or services provided by third party advertisers on the Websites.
(j) Restrictions and Prohibited Conduct. Except as may be expressly permitted by these Websites Terms of Service and to the maximum extent permitted by applicable local law, you may not, directly or indirectly: (i) modify, download (other than page caching), reproduce, copy or resell the Websites Store Content or any portion or derivative thereof; (ii) make commercial use of the Websites Store, the Websites Store Content or any portion derivative thereof (unless you have a business relationship with us); (iii) copy or download any other user’s account or profile information for the benefit of any third party; (iv) enable high volume, automated, electronic processes that apply to the Websites Store or its systems, the Websites Store Content or any portion or derivative thereof; (v) interfere or attempt to interfere with or damage the Websites Store, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or use the Websites or the Websites Store Content in any manner that could interrupt, damage, disable, degrade, overburden or impair any other users’ use and enjoyment of the Websites Store; (vi) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Websites Store or its systems, the Websites Store Content or any portion or derivative thereof for any purpose; (vii) bypass any of our measures used to prevent or restrict access to any portion of the WEBSITES Store, the WEBSITES Store Content or any portion or derivative thereof; (viii) frame or utilize framing techniques to enclose any trademark, logo or other of our proprietary information (including images, text, page layout or form); (ix) use our name, trademarks, service marks or logos in any meta tags or any other “hidden text”; (x) compile, repackage, disseminate or otherwise use data extracted from the WEBSITES Store or the WEBSITES Store Content; (xi) violate any law, rule or regulation of the local laws applicable to you in your use of the WEBSITES Store or the WEBSITES Store Content; or (xii) assist or encourage any third party in engaging in any activity prohibited by these WEBSITES Store Terms of Service or any applicable local laws or regulations.
(k) Intellectual Property. We (and, where applicable, our licensors and suppliers) own all rights, title and interest in and to the Websites (and the Store Content) and all enhancements, bug fixes, upgrades, modifications, customizations, improvements, derivative works, whether or not developed by us, and copies thereof, and all information, methods and processes and intellectual property rights therein, including rights subsisting in trademarks, service marks, trade dress, text, graphics, logos, images, videos and audio clips (collectively, the “Intellectual Property“). No rights are granted to you except those expressly set forth in these Websites Terms of Service and we (and, where applicable, our licensors and suppliers) expressly reserve all rights, title and interest in and to the Websites Store, the Websites Store Content and Intellectual Property not expressly granted herein. You acknowledge and agree that your use of the Websites and the Content does not grant to you title or ownership of any of our Intellectual Property or those of our suppliers or licensors. Intellectual Property may not otherwise be used without our (or, as applicable, our licensors’ or suppliers’) prior written consent. Without limiting the foregoing, no Militzabooks, Milbooks or BMC trademark or trade dress may be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.
(l) Content. You acknowledge that the Websites Store Content, which includes Digital Content and Video Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Websites Store Content, including Digital Content and Video Content, is or may be copyrighted as a collective work under Curaçao and International copyright laws and/or other local intellectual property and copyright laws and treaties, and we own a copyright in the selection, coordination, arrangement, and enhancement of Websites Store. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such of our Websites Store Content, in whole or in part.