1.1 In these Conditions, the following definitions apply:
Booking: a contract between the End-Users and the Portal for the provision of speaker booking services by the organizer to the speaker.
Booking Fee: the fee payable to the Speaker by the Portal pursuant to the Booking policy.
Conditions: these terms and conditions may amended from time to time subjected to the technology and functional features. Customer or "you": a user of the Services
End-User: a Customer accessing the End-User Services (either on their own account or as an authorised representative of a recipient of services pursuant to a Booking) for the purpose of speaker booking.
Organizer Services: our provision to End-Users of Website facilities which enable End-Users to view Speaker Information and to place Bookings.
Service Fee: the fee charged by the speaker has to be paid by the organizer to the portal(GST applicable) and the fees payable to the speaker is 80% of the booking amount(GST applicable). And the rest 20% will be used for the services by the bookmytalk.com portal.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade-marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered.
Services: means the Speaker Services and/or the End-User Services.
Speaker: a Customer accessing the Speaker Services (either on their own account or as an authorised representative of a provider of services pursuant to a Booking) for the purpose of making a Booking.
Speaker Information: summary information about a Speaker uploaded to the Website by a Speaker.
Speaker Services: our provision to Speakers of Website facilities for the uploading of Speaker Information to the Website and for receiving Bookings.
“Website” or "us" or "we" hereafter refers to: www.bookmytalk.com.
Website Services Contract: a contract between the Supplier and the Customer for the supply of the Services subject to these Conditions.
It is a condition of your registration as a user of the Website that you accept these Conditions and such acceptance is an integral part of the registration process.
3.2 By agreeing to these Conditions you acknowledge and agree to be bound by the terms of the policies referred to in condition 3.1.
4.1 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
4.2 You are responsible for ensuring that all persons who access the Website using your registration details are aware of these Conditions and other applicable terms and conditions and that they comply with them.
4.3 The content of the Website is provided for information only and is not intended to amount to advice on which you should rely.
4.4 Although we make reasonable efforts to monitor and update the information on the Website, we make no representations, warranties or guarantees, whether express or implied:
4.5 We do not guarantee that the Website will be secure or free from bugs or malware.
4.6 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to reverse engineer any aspect of the Website or to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching the provisions of this condition 4.6, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5.1 Before you may use the Website you must complete our online user registration webform. Once we have received, reviewed and approved your registration details we will send you an e-mail confirming your registration as a Speaker or an End-User (as applicable) together with your username and password which you must treat as confidential.
5.2 We reserve the right in our absolute discretion to disable any username or password at any time, if in our opinion you have failed to comply with any of the provisions of these Conditions or for any other reason.
6.1 Where the Website contains links to other sites and resources provided by third parties, these links are provided for information only. We have no control over the contents of those external sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7.1 Whenever you make use of a Website feature that allows you to upload Speaker Information to the Website:
8.1 Following completion of registration pursuant to condition 5.1 and our acceptance of such registration the Website Services Contract shall come into existence and you shall be authorised to access and use the Services.
8.2 The Website Services Contract is an agreement between us and you for the web based services and is subject at all times to these Conditions. The Website Services Contract shall continue until terminated pursuant to condition 15.
8.3 The Website Services Contract constitutes the entire agreement between us and you. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in these Conditions.
8.4 These Conditions apply to the Website Services Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
9.1 You acknowledge and agree that we are not a party to any Booking, which is personal to the Speaker and the organizer. The Website is merely a venue for facilitating the making of a Booking between Speakers and organizers. We cannot control whether a Speaker and/or an organizer will perform their respective obligations pursuant to a Booking and all matters applicable to the Booking (including the resolution of disputes) are the sole responsibility of the Speaker and/or the End-User/Organiser.
10.1 If you access the Website as a Speaker:
11.1 If you access the Website as an Organizer:
11.2 As a pre-condition of completing a Booking:
11.3 On completion of a Booking we undertake:
12.1 All Intellectual Property Rights in or arising out of or in connection with the Website are owned by us and you shall not attempt to assert ownership or otherwise deal or attempt to deal with any such Intellectual Property Rights.
12.2 You hereby grant to us an unconditional, irrevocable, royalty-free, sub-licensable licence to use, exploit, reproduce or deal in any way with any and all Intellectual Property Rights that may exist in any materials uploaded by you (or any person accessing the Website using your registration details) to the Website.
13.1 Nothing in these Conditions limits or excludes our liability for:
13.2 Subject to clause 13.1:
13.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from our provision of the Services.
14.1 You hereby agree to indemnify us against any and all liabilities, costs, expenses, damage and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a fall indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with:
15.1 Without limiting our rights or remedies under the Website Services Contract we may terminate the Website Services Contract with immediate effect by giving you notice if you commit a breach of your obligations under the Website Services Contract.
15.2 In the event of termination of the Website Services Contract for any reason:
16.1 Events beyond our control:
16.2 Assignment & sub-contracting: You may not without our prior written consent assign, charge or sub-contract any of your rights or obligations pursuant to the Website Services Contract. We may at any time assign, charge or sub-contract any of our rights or obligations pursuant to the Website Services Contract.
16.3 No partnership: Nothing in the Website Services Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between us, nor constitute either of us as the agent of another party for any purpose. Neither of us shall have authority to act as agent for, or to bind, the other in any way.