If you use this website you will be deemed to accept the terms and conditions below.

Definitions

In these Terms and Conditions (which include the Privacy Policy), the following definitions apply:

  • Booker Prize Foundation is a company limited by guarantee in England & Wales (Company No 4213467) and a registered charity (in England and Wales Charity No 1090049) Booker Prize Foundation’s registered office is at First Floor 10 Queen Street Place, London, EC4R 1BE. Booker Prize Foundation has one wholly owned subsidiary Booker Prize Trading Limited (a company limited by shares in England and Wales no. 04394720) and reference to the Booker Prize Foundation throughout these Terms and Conditions, including the Privacy Policy, includes Booker Prize Trading Limited.
  • ‘Material’ or ‘Materials’ means all of the information, data, text, graphics, links or computer code published on, contained in, or available on, the Website.
  • ‘Originator’ means an individual, firm, company, organisation or any other entity (other than Booker Prize Foundation) responsible for providing Uploaded Content (and an Originator is also a User).
  • ‘Prizes’ means all or any of The Booker Prize, The International Booker Prize, any other prize Booker Prize Foundation awards to published works of fiction in fulfillment of its charitable purposes (and note it does not refer to prize competitions or free draws in which Users may participate)
  • ‘Service’ or ‘Services’ means any information and/or services accessible through or via the Website irrespective of the Originator or provider.
  • ‘Uploaded Content’ is any Material which is uploaded by any Originator third party User to any part of the Website.
  • ‘User’ means an individual, firm, company, organisation or any other entity which obtains access to this Website for any purpose (including but not limited to uploading content, viewing content, making postings to any forums) and may be referred to as ‘You’ (irrespective of case).
  • ‘We’ or ‘Us’ (irrespective of case) means Booker Prize Foundation
  • ‘Website’ means any website under the ownership or control of Booker Prize Foundation from which a link has been created to these Terms and Conditions.

Any headings used throughout these Terms and Conditions (including the Privacy Policy) are for ease of reference only and do not affect their interpretation.

Ownership of the website

Booker Prize Foundation is the owner of the Website. We reserve the right to amend these Terms and Conditions at any time and if we do so we will post notice of the change on the Website by updating the text of this page and you will be deemed to have accepted such changes. Certain parts of the Material and Services made available through or via the Website may have additional terms and conditions applicable to them (for instance the rules of any competitions, Website forums; any password protected parts of the Website).

General provisions to use the website

Access to the Website and use of the viewing and/or use of the Material by any User is on the basis that:

  • It is for information purposes only and unless otherwise stated for personal (if an individual) or internal (if on behalf of an organisation) use only. It is not for reproduction on any other website or for commercial gain (see also ‘Copyright’ below) without the prior written permission of Booker Prize Foundation and/or the copyright owner and/or the Originator. Note this means that a User must obtain such a permission for use for any training or promotional purposes unless the relevant part of the Website indicates otherwise, and subject to any additional terms set out there.
  • It is only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by, any third party.
  • The Material is used in a way which ensures no part is copied, stored in a retrieval system, or transmitted in any form or by any means (including but not limited to electronic, mechanical, printed or recorded) to any third party if to do so would contravene any copyright, database right or any other intellectual property.
  • By using the Website and any forums the User acknowledges and accepts that there may be an exposure to offensive or inappropriate Material (see also ‘Forums’ below). If the User becomes aware of any breach of these terms and conditions and/or any forum rules, please inform Booker Prize Foundation immediately by contacting [email protected]. Given that much of the Material relates to published works (eg books which have been recognised in longlists, shortlists and as winners of the Prizes) which may deal with sensitive and contentious subject matter, if you are a User aged 18 or under, you should seek the guidance and advice of a parent or guardian as to how you should approach your use of the Website. 

Accessibility

The Booker Prize Foundation is committed to providing a website that is accessible to the widest possible audience, regardless of ability, capability or technology. We aim to conform to the World Wide Web Consortium’s (W3C’s) Web Content Accessibility Guidelines, to a AA level, wherever possible.

Read our accessibility statement here.

Forums

Should access to any forums be made available, participation in any such forum constitutes acceptance by the User of these terms and conditions and any specific forum rules. We may, without prior warning and at our sole discretion, delete or bar postings or submissions which fail to comply with these terms and conditions and/or any forum rules and/or which we consider to be offensive or inappropriate.

Please be aware that we cannot control the actions of forum users, nor can we monitor forums continuously, and in addition to the ‘Disclaimer’ and ‘Limitations of liability’, set out below, Booker Prize Foundation is not liable for any use of a forum in contravention of the these terms and conditions nor for any inappropriate or offensive material posted by forum users.

Uploaded content

Not all Uploaded Content is owned by Booker Prize Foundation and as such its ownership (in particular any copyright or database right – see ‘Copyright’) remains with the Originator (or the person or entity giving permission for uploading). 

If the Originator is not the copyright owner, it is the responsibility of the Originator to obtain copyright and any other necessary clearance for use of any Uploaded Content.

Users must not infringe any rights of the owner of Uploaded Content. If a User has any queries with regard to Uploaded Content the Originator should be contacted. 

When providing Uploaded Content the Originator must give their identity and it is a strong recommendation that both the identity of the copyright owner and the date of creation of the Uploaded Content is also given. 

Please also see ‘Competitions’ below with regard to Uploaded Content.

Competitions

Please read our competition rules here.

Disclaimer

So far as permitted by law, Booker Prize Foundation does not accept any liability to any person or organisation relating to the use of the Material (see also ‘Limitation of liability’, below).

Every precaution is taken by Booker Prize Foundation to ensure that the content of the Website is accurate, legally correct and ethical but Booker Prize Foundation cannot be held responsible for any action (or lack or omission of an action) taken by any person or organisation (wherever that person or organisation resides, operates from or is otherwise based) in respect of the Material or any part of it contained in or to which access is obtained via the Website.

It is acknowledged by the User that while every proportionate and appropriate step has been taken to ensure that Material on the Website is accurate at the time it originates, it may not be completely up to date.

See also the specific disclaimers elsewhere in these Terms and Conditions.

Copyright

Copyright in the Material on the Website (including but not limited to information, data, text, graphics, links or computer codes which are published on, contained in or available in the Website) is owned by or licensed for use to:

  • Booker Prize Foundation, or 
  • as otherwise identified where it appears on the Website, or
  • as disclosed by the Originator of Uploaded Content. 

Use of the Material must comply with these Terms and Conditions (see ‘General provisions as to use of the Website’) unless Booker Prize Foundation or (where applicable) the copyright owner(s) agree(s) otherwise.  Note that all Material which takes the form, or is in the nature, of a database attracts database rights which are protected in the same way as copyright. Authors also retain moral rights independently of ownership of copyright.

The name and any logo of Booker Prize Foundation on the Website (including but not limited to logos related to the Prizes) are trade names, service marks or trademarks of Booker Prize Foundation and may not be used without the prior written consent of Booker Prize Foundation.

Privacy policy

You can read our privacy policy here

Third party websites

The Website contains links to websites operated by parties other than Booker Prize Foundation and which are not under the control of, and are not maintained by, Booker Prize Foundation. Booker Prize Foundation includes these links to provide the User with access to information and services that it may find useful and/or interesting. Uploaded Content will also contain links to third party websites. Booker Prize Foundation does not endorse and is not responsible for the content or any aspect of these third-party websites and/or pages or for anything provided by them. If the User has any concerns about the content or any aspect of any linked third-party website or any website purporting to associate itself with Booker Prize Foundation please contact [email protected].

Viruses and errors

Whilst Booker Prize Foundation makes all reasonable and proportionate attempts to exclude viruses from the Website it cannot ensure or guarantee such exclusion and no liability is accepted for damage caused through the downloading of viruses. Booker Prize Foundation does not warrant:

  • that the functions contained in this Website will be uninterrupted or error free, or
  • that defects will be detected, or
  • that this Website or the server that makes it available are free of viruses, or bugs, or
  • that this Website represents the full functionality, accuracy and reliability of the Material, or
  • that Uploaded Content is virus free.

The User is strongly recommended to take all appropriate safeguards before downloading Material from the Website.

Encryption

Although the Website will use encryption security software where online payment details are accepted and/or registration details are given, the security of information and payments transmitted via the internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of email or other internet links will be borne solely and exclusively by that User (unless the applicable prevailing law directs otherwise) and in no event will any such loss be born in whole or part by Booker Prize Foundation or its personnel or representatives.

Limitation of liability

Without affecting any statutory rights, or any specific terms and conditions, the User agrees that where applicable its use of the Service(s) is on an ‘as is’ and ‘as available’ basis, whether express or implied or statutory. 

Booker Prize Foundation will not be liable for the following:

  • any indirect, punitive, special, incidental, or consequential damage including (but not limited to) damages for loss of use, data or profits arising out of, or in any way connected with the use or performance of, the Website; or
  • interruptions or delays to the Website; or
  • provision of or failure to provide service(s); or
  • any information, goods and services obtained through the Website or otherwise arising out of the use of the Website and/or the Material, and specific reference is made to ‘Encryption’, above.

Booker Prize Foundation shall not be held in breach of its obligations, nor liable to the User for any loss or damage which may be suffered by it or any other person or organisation, for any cause beyond Booker Prize Foundation’s reasonable control. This includes (but is not limited to) any act of God, fire, storm, flood, lightening, disease, epidemic, pandemic, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or of communications operators.

Warranty and indemnity

The User warrants to Booker Prize Foundation not to use the Website, the Material (or any part of it) for any purpose that:

  • is in contravention of any applicable law or regulation; or 
  • is in a manner that will infringe the copyright, trademarks, service marks or any other intellectual property rights of Booker Prize Foundation or of third parties; or 
  • will violate the privacy or other personal rights of any other person or organisation; or 
  • is in any way defamatory, obscene, threatening or abusive; or
  • is otherwise in contravention of these terms and conditions.

Booker Prize Foundation reserves the absolute right to bar Users from the Website, to report any misuse of the Website to the relevant authorities (wherever situated) and, where appropriate, to take legal action in respect of any infringement or breach of the terms and conditions of use of the Website. 

To the fullest extent permitted by law, the User indemnifies Booker Prize Foundation, its personnel and representatives, against all claims, liability, losses, damages and expenses including (without limitation) legal fees and costs arising out of, or incurred as a result of, any claims made, or litigation brought, against Booker Prize Foundation its personnel and representatives, as a result of the use by the User of the Website and/or the Material, for whatever purpose.

Miscellaneous

If any provisions of these Terms and Conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.

These Terms and Conditions constitute the entire agreement between Booker Prize Foundation and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Booker Prize Foundation.

Any failure of Booker Prize Foundation to exercise or enforce any of its rights under these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.

If these Terms and Conditions are not accepted in full, the use of this Website must be terminated immediately.

Governing law and jurisdiction

The Terms and Conditions shall be governed and interpreted in accordance with English Law and the User consents to the exclusive jurisdiction of the English courts.

Complaints/request for permission

If you have any enquiries, requests for permission, or complaints, then please address them to:

Company Secretary, Booker Prize Foundation

Email: [email protected]
Post: to Booker Prize Foundation’s registered office 

and note that the current registered office details are those noted on at Companies House.