Introduction & Parties
These Terms of Service ("Terms") govern your access to and use of the BookWalker digital library platform (the "Service" or "Platform") operated by VINIKIS LTD.
Company number: 16658144
Registered office: 1 Bishops Green, St. Swithins Close, Derby, England, DE22 3FX
Incorporated in England and Wales
Director: Pavel Bovsa
Contact: [email protected]
References to "we", "us", or "our" refer to VINIKIS LTD. References to "you" or "your" refer to any individual or entity accessing or using the Service.
These Terms apply to all users worldwide, with supplementary provisions applying to users in the European Union, European Economic Area, and United States as detailed in the relevant sections.
Definitions
- "Service" / "Platform" — the BookWalker website, applications, APIs, and all associated features and content accessible at our domain.
- "Account" — a registered user profile created by providing an email address and password.
- "Subscription" — a paid recurring access plan granting a Premium Member access to the full content library.
- "Content" — all digital books, texts, metadata, cover images, descriptions, and other materials made available through the Platform.
- "Premium Member" — a user who holds an active, paid Subscription.
- "Introductory Period" — the initial promotional access period as priced on the payment page at the time of purchase.
- "Recurring Fee" — the monthly charge applied after the Introductory Period as displayed on the payment page at the time of purchase.
- "Payment Page" — the checkout page displayed immediately before a user completes a transaction, which constitutes the definitive and authoritative statement of applicable pricing at that moment.
- "Consumer" — a natural person acting outside the scope of any business, trade, or profession.
- "Business Day" — any day other than Saturday, Sunday, or a public holiday in England and Wales.
Eligibility
To use the Service, you must:
- Be at least 18 years of age, or the age of majority in your jurisdiction if higher;
- Have the legal capacity to enter into binding contracts;
- Not be prohibited from receiving the Service under applicable law;
- Provide accurate, current, and complete information during registration.
By using the Service, you represent and warrant that all of the above conditions are satisfied. We reserve the right to terminate accounts where eligibility requirements are not or cease to be met.
The Service is not directed at persons under the age of 18. If you become aware that a minor has registered, please notify us immediately at [email protected].
Account Registration
4.1 Creating an Account
Access to the Service requires registration. You agree to provide your full name, a valid email address, and a password. You are responsible for keeping your login credentials confidential and for all activities conducted under your account.
4.2 Account Security
You must notify us immediately at [email protected] if you suspect unauthorised access to your account. We are not liable for any loss arising from unauthorised use of your account where you have failed to keep your credentials secure.
4.3 One Account per Person
Each individual may maintain only one account. Accounts are personal, non-transferable, and may not be shared with third parties. Account sharing constitutes a material breach of these Terms.
4.4 Accurate Information
You agree to keep your registration information accurate and up to date. We may suspend or terminate accounts where information is found to be false, misleading, or outdated.
The Service
5.1 Nature of the Service
BookWalker provides access to a digital library platform. You are purchasing access to the Platform and its features — not purchasing, downloading, or acquiring ownership of any individual book or piece of content. All Content remains accessible only for so long as your Subscription is active.
5.2 Content Availability
We do not guarantee that any specific title will remain available on the Platform indefinitely. Content may be added, modified, or removed at our sole discretion, including as a result of licensing changes, legal requirements, or editorial decisions.
5.3 Free Preview
Non-paying registered users may access limited free preview excerpts of selected titles. Preview access does not constitute a Subscription and may be modified or withdrawn at any time.
5.4 Service Availability
We aim to maintain Service availability of 99% uptime measured on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance will be announced with at least 24 hours' notice where possible. We do not guarantee uninterrupted, error-free, or continuous access.
5.5 Modifications to the Service
We reserve the right to modify, enhance, or discontinue any feature or aspect of the Service at any time. Where a modification materially reduces the functionality of the Service for active Subscribers, we will provide reasonable advance notice.
Subscription & Billing
6.1 Subscription Plans
The Service is offered on a subscription basis. The precise pricing applicable to your Subscription — including the Introductory Period price and the subsequent Recurring Fee — is displayed on the Payment Page at the moment of your purchase. The Payment Page constitutes the authoritative and binding statement of pricing at that time. Any prices referenced elsewhere (including in marketing materials or these Terms) are indicative only and subject to change.
6.2 Introductory Period
New subscribers may be offered an Introductory Period at a reduced price as shown on the Payment Page. The Introductory Period commences immediately upon successful payment. Upon expiry of the Introductory Period, the Subscription automatically converts to a monthly recurring plan at the Recurring Fee shown on the Payment Page, unless cancelled before the end of the Introductory Period.
6.3 Recurring Billing
By subscribing, you expressly authorise VINIKIS LTD and its payment processor to charge your designated payment method automatically on a recurring basis without further authorisation ("continuous payment authority"). Charges occur:
- At the start of the Introductory Period (first payment);
- Automatically at the end of each billing cycle thereafter, until you cancel.
You acknowledge that these charges will occur automatically and that no additional notification will be provided before each recurring charge beyond this authorisation.
6.4 Payment Methods
We accept payment by major credit and debit cards as displayed at checkout. All transactions are processed through our third-party payment processor. We do not store complete card details on our servers.
6.5 Failed Payments
If a recurring charge fails, we will attempt to re-process the payment up to three times over a period of seven days. If payment remains unsuccessful, your Subscription will be suspended. Access will be restored upon successful payment.
6.6 Currency & Taxes
Prices are displayed in Euros (EUR). Where applicable law requires collection of value added tax (VAT) or other sales taxes, these will be displayed at checkout. VINIKIS LTD is not currently VAT-registered; however, where required by law (including EU digital services rules), applicable taxes may be applied and collected by our payment processor.
6.7 Price Changes
We may change Subscription prices. We will notify active Subscribers by email at least 30 days before a price change takes effect. Continued use of the Service after the effective date of a price change constitutes acceptance of the new price. If you do not accept a price change, you may cancel your Subscription before it takes effect.
Cancellation
7.1 How to Cancel
You may cancel your Subscription at any time by accessing your account settings and selecting the cancellation option, or by contacting us at [email protected]. Cancellation must be completed before the next billing date to avoid a further charge.
7.2 Effect of Cancellation
Upon cancellation, your Subscription will remain active until the end of the current paid billing period. Access to Premium Content will continue until that date. No partial refund will be issued for the unused portion of a paid billing period, except where required by applicable law.
7.3 Cancellation During Introductory Period
If you cancel during the Introductory Period, your access will continue until the end of that period. You will not be charged the Recurring Fee.
Refunds & Right of Withdrawal
8.1 General Policy
Given the nature of the Service as digital content access that begins immediately upon payment, our general policy is that all subscription fees are non-refundable once access has been granted and the service has been used.
8.2 EU / EEA Consumer Right of Withdrawal
If you are a Consumer located in the European Union or European Economic Area, you have a statutory right to withdraw from a distance contract within 14 calendar days of entering into the contract (the "Withdrawal Period") under Directive 2011/83/EU and applicable national implementing legislation.
However, pursuant to Article 16(m) of Directive 2011/83/EU, the right of withdrawal does not apply to contracts for the supply of digital content which is not supplied on a tangible medium where:
- Performance has begun with your prior express consent; and
- You have acknowledged that you thereby lose your right of withdrawal.
By completing payment and checking the corresponding acknowledgement box at checkout, you expressly consent to immediate commencement of the Service and acknowledge that you lose your right of withdrawal. Where no such acknowledgement is technically collected, your act of accessing the Service after payment constitutes such consent.
If you have not accessed any Content and request withdrawal within the 14-day period before any performance has commenced, we will process a full refund within 14 days.
8.3 United Kingdom Consumer Rights
UK consumers have similar rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The same waiver mechanism applies as described in Section 8.2. Once you have accessed the digital Service, the cancellation right is lost by operation of Regulation 37.
8.4 Exceptional Refunds
Outside statutory rights, we may, at our sole discretion, issue refunds in exceptional circumstances including:
- Verified technical failure on our part that prevented Service access for more than 72 continuous hours;
- Duplicate charges due to a documented payment processing error;
- Demonstrably fraudulent or unauthorised transactions.
Requests for exceptional refunds must be submitted to [email protected] within 7 days of the charge, with supporting documentation.
8.5 Chargebacks
If you initiate a chargeback without first contacting us, we reserve the right to suspend your account pending investigation and to provide evidence to your card issuer demonstrating that the charge was authorised and the Service was provided.
Intellectual Property
9.1 Platform IP
All elements of the Platform — including its design, code, structure, interface, trademarks, logos, and original content produced by VINIKIS LTD — are the exclusive intellectual property of VINIKIS LTD or its licensors and are protected by copyright, trademark, and other applicable laws.
9.2 Content Licensing
Content made available through the Platform may include works in the public domain and works licensed under Creative Commons or other open licences. Attribution requirements for such works are displayed on the relevant content pages. We do not claim ownership of third-party content and acknowledge the rights of original authors.
9.3 Licence to Users
Subject to these Terms and payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable licence to access and read Content through the Platform for your personal, non-commercial use only. This licence terminates automatically upon cancellation or termination of your Subscription.
9.4 Restrictions
You may not: copy, reproduce, distribute, transmit, display, sell, sublicense, or create derivative works from any Content; use automated tools (scraping, crawling, bots) to extract Content; circumvent any technical protection measures; or use Content for any commercial purpose.
Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Attempt to gain unauthorised access to any part of the Service or its related systems;
- Transmit any viruses, malware, or harmful code;
- Harass, abuse, or harm any person through the Service;
- Use the Service to send unsolicited communications;
- Attempt to reverse-engineer, decompile, or disassemble any part of the Service;
- Create multiple accounts to circumvent restrictions or access benefits fraudulently;
- Misrepresent your identity or affiliation with any person or entity.
Violation of these Acceptable Use provisions may result in immediate termination of your account and, where appropriate, referral to relevant law enforcement authorities.
Third-Party Content & Links
The Service may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of any third-party site. Linking does not constitute endorsement.
Content available through the Platform may include works by third-party authors. We make reasonable efforts to ensure accurate attribution and compliance with applicable licences. If you believe any Content infringes your rights, please contact us at [email protected] with full particulars.
Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VINIKIS LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Service will be uninterrupted or error-free; (b) any Content is accurate, complete, or current; (c) the Service is free from viruses or harmful components.
Nothing in these Terms excludes or limits any warranty implied by law which cannot be excluded, including statutory rights under the UK Consumer Rights Act 2015 or applicable EU consumer protection law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- VINIKIS LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages;
- Our aggregate liability for any claim arising out of or relating to the Service shall not exceed the total fees paid by you to us in the 12 months preceding the claim;
- We shall not be liable for any loss of data, loss of profits, loss of business, or loss of goodwill.
Nothing in these Terms limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability which cannot be excluded by law.
EU/UK consumers retain all statutory rights which cannot be contractually limited.
Indemnification
You agree to indemnify, defend, and hold harmless VINIKIS LTD, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit through the Service.
This indemnification obligation does not apply to EU or UK Consumers to the extent it would be deemed unfair or unlawful under applicable consumer protection law.
Governing Law & Jurisdiction
15.1 General
These Terms are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
15.2 EU Consumers
If you are a Consumer habitually resident in a European Union member state, the choice of English law shall not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence, pursuant to Rome I Regulation (EC) No. 593/2008 and applicable national law.
15.3 US Users
If you are located in the United States, you acknowledge that the Service is operated from the United Kingdom and that all disputes shall be subject to the jurisdiction of the English courts, subject to your statutory rights where applicable.
Dispute Resolution
16.1 Informal Resolution
Before initiating any formal proceedings, you agree to contact us at [email protected] and attempt to resolve the dispute informally. We will respond within 10 Business Days and endeavour to resolve the matter within 30 days.
16.2 EU Online Dispute Resolution
EU Consumers may also submit complaints through the European Commission's Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr. Our contact email for ODR purposes is [email protected].
16.3 UK Alternative Dispute Resolution
UK Consumers may seek assistance from the Citizens Advice consumer helpline or an approved Alternative Dispute Resolution (ADR) body if we are unable to resolve a complaint satisfactorily.
16.4 Court Proceedings
Subject to Sections 16.1–16.3, disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales. EU and UK Consumers may also bring proceedings in the courts of their country of habitual residence.
Changes to These Terms
We reserve the right to modify these Terms at any time. Where changes are material, we will notify active Subscribers by email at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms.
If you do not accept the revised Terms, you may cancel your Subscription before the effective date without penalty. The version of the Terms in force at the time of each transaction governs that transaction.
Severability & Entire Agreement
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed and shall not affect the validity and enforceability of the remaining provisions.
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and VINIKIS LTD with respect to your use of the Service and supersede all prior agreements, representations, and understandings.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Contact Information
1 Bishops Green, St. Swithins Close
Derby, England, DE22 3FX
United Kingdom
Email: [email protected]
Company No.: 16658144
For general support enquiries, please use the contact form on our website. For legal notices, written correspondence should be sent to the registered office address above or to the legal email address.