Libros Library Services LLP – Terms of Use

1. Acceptance of Terms of Use

1.1 These "Terms of Use" govern your use of the Libros™ Website (hereinafter referred to as the "Service"). The Service is owned and operated by Libros™ Service, registered with Libros Library Services LLP (hereinafter "Libros™"), and is offered to you (hereinafter "Member") in accordance with your agreement with and acceptance of this document (hereinafter the "Membership"). By clicking the box entitled "I Have Read and Accept the Terms of Use" as part of the registration process, Members accept all items in the Terms of Use and agree to abide by and be legally bound by them.

1.2 By browsing the Libros™ Website, you accept and agree to abide by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Libros Website and App.

1.3 These Terms of Use are an ongoing contract between you and Libros™ and apply to your use of the Libros™ service and Website. They affect your rights, and you should read them carefully.

2. Changes to Terms of Use

2.1 Libros™ reserves the right, from time to time, with or without notice to you, to change these Terms of Use in its sole and absolute discretion. The most current version can be reviewed by clicking "Terms of Use" at the bottom of the pages of the Libros™ Website. The most current version supersedes all previous versions. Your use of the Libros™ Website or continued use of the service after changes are made means that you agree to be bound by such changes.

3. Privacy

3.1 Any information submitted on the Libros™ Website is subject to the Privacy Policy, the terms of which are incorporated herein. Please review the Privacy Policy to understand our practices (located at the bottom of the pages of the Libros™ Website).

4. Delivery and Return of Books (Due Dates and Late Fees)

4.1 Provided you continue to be a paying subscriber, you may keep the book(s) delivered to you for the period stated in your Plan as the "Book Holding Time". Members may extend books for a period of five days as many times as they wish, as long as they have Free Book Extension Credits available in their Plan. Free Book Extension Credits vary from Plan to Plan. If no Free Book Extension Credits are available, Members can use Reward Points to extend books. A Member may return a book earlier than the end of the Book Holding Time. When Members return books earlier than the Book Holding Time, they are awarded Reward Points.

4.2 Membership may be withheld, and the issue of new books stopped, if all dues are not cleared on or before the Book Return Due Date. A book return request must be placed before the book return due date. For late return of books, 10 Reward Points per day per book will be deducted from the Member's account as a penalty. If Reward Points are exhausted, a penalty of Rs. 100 per week applies for failure to return the books on the due date. For plans covering more than one book, the penalty applies even if any one book is not returned on its due date, and the membership will be withheld in such a case.

4.3 In the event of lost or damaged books, charges may apply that are equal to the cost of the book(s). Libros™ will notify you of the charges, and the Membership will be kept on hold until all charges are paid by the due time notified. If a customer receives a book in damaged condition, it is their responsibility to inform the Libros Customer Support Team as soon as they receive it.

5. Unlimited Book Plans (Unlimited Book Exchanges)

5.1 Unlimited book exchange allows the customer to exchange books as many times as they wish in a week, month or year, as long as they have sufficient Book Exchange credit available in the Plan they have purchased. At any given point in time, the customer may hold only the number of books permitted by the plan entitlement.

5.2 Updates in the Library App for returned books take 24–48 hours from the time the book reaches the library. New books can be ordered as soon as you have placed a Return Request for books with you from the Libros App.

5.3 For any clarifications or issues regarding book orders, write to communication@libros.co.in.

5.4 Under normal circumstances, all ordered books are delivered to Library members within 2 working days, subject to permissible weather conditions or any other restrictions imposed by authorities.

6. Allocation, Delivery and Return of Rented Books

6.1 Orders can be placed instantly for books that are available. Books that are in circulation and not available for ordering will be notified to you when available if you select the "Notify Me" option in front of the book. Orders can be placed for a number of books based on your Membership Plan entitlement (i.e., the number of books you can hold at any given time during your valid membership, and the type of Membership).

6.2 For books not in Libros' database, a request can be placed by filling in the required details in the given format in the App. The final decision to purchase such books is at the sole and absolute discretion of Libros™ Management. This is a Premium Feature available only on selected Plans; Members on Basic Plans will not have the option to submit a Special Book Request. Please check which Plans include the Book Request option while buying a Membership. You may upgrade to a higher plan if you wish to access this option. There is a limit on the total cost of additional books that can be purchased for each member. The amount up to which Special Request Books can be purchased for a specific member is specified on the Membership Plan Card and varies from plan to plan.

6.3 Libros™ reserves the right to ship ordered books among its subscribers in any manner it determines in its sole and absolute discretion. Libros™ will also determine, in its sole discretion, the quantity of books it purchases for any particular title, the level of staffing, and the number of shipments to be processed. Ordered books shall be delivered within 48 hours of placing the order. The aim is to deliver books as early as possible once the order is confirmed.

6.4 Factors that may affect delivery times include, but are not limited to: (i) the distance between the distribution centre from which your book(s) were shipped and your delivery address; (ii) the timing of your order placement; and (iii) weather conditions. Returns or deliveries are not processed on National Holidays. Libros™ may revise these Terms of Use from time to time without necessarily providing notice of the revisions, so it is your responsibility to review the Terms of Use frequently.

6.5 Libros™ will send you a notification when it has received a returned book(s), and another when it has shipped your next book(s), including the anticipated delivery time.

6.6 Libros™ reserves the right to request the return of any and all book(s) in the possession of Members at any time. Members agree to promptly return any book(s) upon request. Failure to return them within seven days of the request makes the Member liable for the cost of those book(s) plus 50% of that cost as a handling charge, and Libros™ reserves the right to stop the services and cancel the membership.

6.7 Members agree to take adequate care of the book(s) once delivered. Members should ensure the book(s) are not damaged and are kept in the same condition as received until they are returned to Libros™.

7. Dues and Fines

7.1 If a Member continues to hold issued book(s) beyond the Book Holding Time, 10 Reward Points per day per book will be deducted from their account. If Reward Points are exhausted and the Member still continues to hold the book, the Member shall be liable for a fine of Rs. 100 per week, payable on return of the book(s), per book delayed. This amount may equal the entire cost of the book. Libros™ further holds all rights to take any further action against such an account holder, including temporary or permanent suspension of the membership account. Libros™ also holds all rights to deny the defaulter access to its services temporarily or permanently, blacklist the member, withhold discounts in future, refuse extended return time, and charge a fine immediately for every new default.

7.2 If a Member has lost or damaged issued book(s), they shall be liable for a fine. This may include the entire cost of the book and any handling charges. Libros™ further holds all rights to take any further action against such an account holder, including temporary or permanent suspension of the membership account, denial of access to services, blacklisting, withholding of discounts, refusal of extended return periods, and immediate or additional fines for every new default. Exhaustion of privileges or suspension of discount offers for defaulters is entirely at the sole decision of Libros™.

8. Membership and Billing

8.1 Members must complete a one-time registration process to create an account on Libros™. Registration requires details such as name, address, mobile number, email ID, or other details as required. Members must provide all details and information needed to comply with KYC (Know Your Customer) requirements. The contact details provided at registration, such as mobile number and email ID, will be used as the primary point of contact by Libros™ and its authorities when needed.

8.2 Members can find the specific details of their subscription at any time from the Mobile Application and Website.

8.3 By using the Libros™ service, you expressly agree that Libros™ may bill you an annual subscription fee, any applicable taxes, and any other charges you may incur in connection with your use of the service. Additional charges, or cancellation of the membership, may apply if you fail to return book(s). "Billing" means a charge or debit, as applicable, against your Payment Method, where applicable. The subscription fee is billed at the beginning of the subscription and continues thereafter unless and until you cancel your membership or the membership period ends.

8.4 Your membership renewal date can be found under "Your Account" in the Mobile Application. Members must renew the plan before the Plan End Date. If a Member wishes to cancel before the end of the current membership, the membership fees will be deducted for the period used. Requests received 3 months prior to the end of the current service period will be treated as cancellation of services for the next service period, and no refund will be made. Refer to the Refund Policy below for how the refund amount is calculated.

8.5 Members are authenticated via their mobile number, which is used to generate an OTP during every login. If the number is changed or lost, the membership account may get locked. To reactivate the account, an email must be sent from the registered email ID to the support team to change the mobile number and reactivate the account.

8.6 Members may need to deposit a security deposit and pay a Joining Fee to avail of services after enrolling. The deposit is refundable on closure of the account, provided the Member owes no dues or fines and is not liable to pay any amount for lost/damaged books or for failing to return a book within the Book Holding Time. The security deposit must be claimed within 3 months from the end of the membership; after this period, it will not be refunded. The Joining Fee is non-refundable, and Reward Points are allocated to Members in lieu of the Joining Fee.

9. Referral Policies

9.1 Existing Members can refer non-members to create a membership account with Libros™. On a successful referral, the Referee earns 150 Reward Points for each successful referral, valid for a subscription of at least 6 months. Reward Points earned can be used to avail a discount at the Member's next renewal.

9.2 A new Member who joins through a referral receives an extra 150 Reward Points if they subscribe for at least 6 months.

10. Reward Points

10.1 Reward Points can be earned in various ways, such as writing a genuine review of a book that is not abusive and does not contain content unsuitable for publication in the app. Reward Points can also be earned through other activities specified in the Libros App Reward Section. Refer to the Reward Points section of the app for details, as the reward amount varies by activity.

10.2 Reward Points can be redeemed for various services, such as borrowing an extra book or requesting an additional book exchange, and more. Refer to the Libros App and Reward Section for all redemption options.

10.3 Reward Points, once used, cannot be returned to the Member, even if the Member cancels the service for which they were used.

10.4 Reward Points can be used to pay part of the renewal fees. A maximum of 10% of the membership fee can be paid using Reward Points. Four Reward Points are equivalent to Re. 1.

10.5 Reward Points are valid for 6 months from the date they are earned. After the validity period, they expire automatically and can no longer be used.

11. Membership Pause

11.1 Members can pause their membership either by using a Free Pause, if available in their account, or by using Reward Points. When a membership pause is used, the end date of the membership is extended by the number of days the membership was paused.

11.2 The Membership Pause feature can be used only after the Member has returned all books in their possession to the library. If a Member applies for a pause for a future date and issues a new book, the pause will automatically be cancelled if the Member fails to return the books before the pause start date.

12. Damaged Books

12.1 All books sent to you are checked to be in good condition before dispatch. On receipt, you must ensure the book is in good condition. Any anomaly must be reported to the delivery executive or customer support team. Failure to check and/or report will be treated as your having received the book in good condition.

12.2 At the time of pick-up, the courier executive will check the book(s) for damage and inform the Libros office accordingly. On receipt, Libros™ will verify the book(s). If a book is found to be damaged, Libros™ will notify and inform you.

12.3 The determination of whether a book is "damaged" is at the sole discretion of Libros™. Charges may apply depending on the extent and type of damage and may equal the cost of the book(s). The membership will be withheld, and no further books will be issued, until the determined damage charges are paid.

13. Refund and Cancellation Policy

13.1 Libros™'s goal is complete customer satisfaction. If you are displeased with the services provided, Libros™ will refund your money.

13.2 You may cancel your membership at any time, either online through the Mobile Application or through the Call Centre. Libros™ will refund the membership fees for the remaining membership period by bank cheque in the name of the member as it appears at registration, or by direct transfer to the same account/card used to buy the membership, within twenty working days.

13.3 To improve its services, Libros™ asks members to briefly state the reason for cancellation. You may be required to quote this reason when a cancellation is initiated.

13.4 Before cancelling, you must return all outstanding books and clear any dues, fines, or penalties on your account. If books are not returned and dues are not cleared, the cancellation request will not be processed.

13.5 Requests received 3 months prior to the end of the current service period will be treated as cancellation for the next service period, and no refund will be applicable in such cases.

13.6 Refunds apply only to cancellations of yearly Plans and not to shorter plans.

13.7 Cancellation requests are processed only after all books have reached Libros™ and the return has been entered into the system. You must return the books within 7 days of any cancellation of the service, or of non-payment of renewal fees, or you may be charged for unreturned book(s). The refund amount is calculated after deducting any dues and penalty charges on the account.

13.8 Libros™ reserves the right to terminate your membership for any reason or no reason at its sole discretion.

Refund Amount Calculation

The refund amount is calculated for the number of full quarters pending. The following are deducted while calculating the refund amount:

• Administration Fee: Rs. 100
• Any promotions, referrals or discounts applied at the time of purchase
• Any additional books purchased at the member's request

14. Account Access

14.1 You are responsible for maintaining the confidentiality of your account, password, and membership details, and for restricting access to your computer. Your relationship with the company is that of an independent customer. You are not an employee or agent of Libros™. Neither you nor other members are authorized to make any statement or representation on behalf of Libros™, and Libros™ will not be bound by, or liable for, any statement or representation made by you or by any member of the referral program.

14.2 If any conflict exists between specific conditional offers or benefits provided to you from time to time and these Terms and Conditions, these Terms and Conditions shall supersede such specific offers or benefits.

15. Termination of Membership

Libros™ may terminate your Membership without prior notice upon your Material Breach of this agreement. "Material Breach" includes:

• (a) Violation of any provision of this agreement.
• (b) Acting unlawfully in relation to Libros™.
• (c) Breach of the Anti-Spam Policy.
• (d) Providing incomplete, false, fraudulent, or otherwise incorrect information to Libros™.
• (e) Creating duplicate or illegal Memberships, such as using the membership for a commercial purpose or any purpose other than reading books, or sharing the membership with non-members of Libros™.

16. Memberships Are Not Transferable

16.1 Your membership, password, and accumulated Reward Points are personal to you and are not transferable. You may not allow anyone else to use your password, Reward Points, or membership, nor use anyone else's password or membership, nor act to accrue Reward Points for anyone else. You are responsible for keeping your password secret, and Libros™ is not liable for any damage caused by disclosure of your password. You may create a membership only for yourself and may not establish a membership on behalf of anyone else. A membership cannot be shared, and the service can only be availed of by the person who bought the membership.

16.2 Members can upgrade their ongoing membership plan to any higher plan by paying the difference amount, based on the month of the ongoing plan from which they wish to switch. The balance of the ongoing plan is deducted from the total amount payable for the higher plan, and the Member pays only the excess amount after such adjustments.

17. Intellectual Property Rights

17.1 Libros™ Intellectual Property Rights: All content included on the Libros™ Website and App delivered to subscribers as part of the service, including books, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Libros™ or its suppliers and is protected by Indian and international copyright laws. The compilation of all content on the site is the exclusive property of Libros™ and is protected by Indian and international copyright laws. Content shall not be reproduced or used without express written permission from Libros™ or its suppliers.

You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Libros™ Website; not to insert any code or product, or manipulate the content of the Libros™ Website in any way that affects the user's experience; and not to use any data mining, data gathering, or extraction method.

Libros™ may terminate your membership if, in its sole and absolute discretion, it believes you are in violation, including by photocopying books rented to you or by copying or otherwise making unauthorized use of its proprietary content. Libros™ does not promote, foster, or condone the copying of books or any other infringing activity. Books rented to you are for your personal and non-commercial use only. See Section 24 for instructions on notifying Libros™ of allegedly infringing content.

17.2 Libros™ Trademark Rights: Libros™ is a proprietary mark of its owner, and all rights associated with the mark, whether IP rights or common law rights, are the sole ownership of the proprietor.

17.3 Libros™ Copyrights: All content of the Libros™ website and App is the sole proprietorship of Libros™.

17.4 Third-Party IP Rights: Any content displayed on the Libros™ website that belongs to third parties, including images of books, and external links for any specific book made available for subscription, is the property of its respective owner, and all intellectual property rights in such images or other IP remain with that owner. Libros™ holds no rights or liabilities over such graphic or open-source content made available for viewing on the Libros™ website.

18. Entertainment and Website Content

18.1 Libros™ distributes books and reserves the right to display and promote information on its Website to you in any manner it chooses, in its sole and absolute discretion. The Libros™ Website allows you and other third parties to post reviews or comments concerning the entertainment distributed by Libros™.

18.2 Any opinions, advice, statements, services, offers, or other information posted by third parties on the Libros™ Website are those of the respective authors and not of Libros™, its shareholders, directors, officers, or employees. Under no circumstances shall Libros™, its shareholders, directors, officers, or employees be liable for any loss or damage caused by your reliance on information obtained through the Libros™ Website. It is your responsibility to evaluate the information, opinion, advice, or other content available on the website.

19. Use of Information Submitted

19.1 Libros™ is free to use any comments, information, ideas, concepts, reviews, techniques, or other material contained in any communication you send to Libros™ (the "Content"), including responses to questionnaires or postings to the Libros™ Website, without further compensation, acknowledgement, or payment to you, for any purpose whatsoever, including developing, manufacturing, and marketing products, and creating, modifying, or improving the Libros™ Website or other websites. By posting or submitting any Content, or responding to questionnaires, you grant Libros™ a perpetual, non-exclusive, royalty-free, irrevocable licence and right to display, use, reproduce, or modify the Content in any media, software, or technology of any kind, now existing or developed in the future.

19.2 Libros™ does not accept unsolicited materials or ideas for use or publication and is not responsible for any similarity between its content or programming and any materials or ideas transmitted to Libros™. If you send unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided, and you waive any claim against Libros™ and its affiliates regarding the use of such materials or ideas, even if material or an idea substantially similar to yours is used.

20. Service Testing

20.1 From time to time, Libros™ tests various aspects of its service, including service levels, plans, promotions, and pricing. Libros™ reserves the right to include you in or exclude you from these tests without notice.

21. Electronic Communications

21.1 By using the Libros™ service, you consent to receiving electronic communications from Libros™. These include notices about your account (such as shipping and receiving emails and other transactional information) and information about the service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with Libros™ and are received as part of your subscription.

21.2 You agree that any notice, agreement, disclosure, or other communication that Libros™ sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

22. Your Conduct on the Libros™ Website & Limitation of Use

22.1 By accessing the Libros™ Website, you agree not to upload, post, email, or otherwise send or transmit any material that contains software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment associated with the website.

22.2 You also agree not to interfere with the servers or networks connected to the website, or to violate any procedures, policies, or regulations of networks connected to the website, the terms of which are incorporated herein.

22.3 You agree not to impersonate any other person while using the website, not to conduct yourself in a vulgar or offensive manner while using the service, and not to use the website for any unlawful purpose.

23. Links

23.1 Some hyperlinks and banners on the Libros™ Website may lead to other websites that are not controlled by, or affiliated with, Libros™. Other websites may also link to the Libros™ Website. Libros™ has not reviewed these websites and is not responsible for their content or privacy policies.

24. Claims of Copyright Infringement

24.1 It is the policy of Libros™ to respect the intellectual property rights of others. Libros™ does not promote, foster, or condone the copying of books or any other infringing activity.

24.2 If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Libros™ Website, or know of someone making unauthorized use of its content, please notify Libros™ at communication@libros.co.in.

25. Use of Content

25.1 All logos, brands, marks, headings, labels, names, signatures, numerals, shapes, or any combinations thereof appearing on this site are owned by, or used under licence by, the business and/or its associate entities that feature on this Website. Except as provided in these terms and conditions or in the site content, the use of these properties or any other content on this site is strictly prohibited.

25.2 You may not sell or modify the content of this Website, or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose, without the written permission of the respective organization or entity.

26. Liability

26.1 The Member agrees that neither Libros™ nor its group companies, directors, officers, or employees shall be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use of, or inability to use, the service; for the cost of procurement of substitute goods or services; for any goods, data, information, services, or messages obtained or received, or transactions entered into through or from the service; for unauthorized access to or alteration of the user's transmissions or data; or from any other matter relating to the service. This includes, but is not limited to, damages for loss of profits, use, data, or other intangibles, even if Libros™ has been advised of the possibility of such damages.

26.2 The Member further agrees that Libros™ shall not be liable for any damages arising from the interruption, suspension, or termination of the service, including direct, indirect, incidental, special, consequential, or exemplary damages, whether such interruption, suspension, or termination was justified or not, negligent or intentional, inadvertent or advertent.

26.3 The Member agrees that Libros™ shall not be responsible or liable to the user, or anyone else, for the statements or conduct of any third party in connection with the service. In no event shall Libros™'s total liability to the user for all damages, losses, or causes of action exceed the amount paid by the user to Libros™, if any, that is related to the cause of action.

27. Dispute Resolution

27.1 Any dispute arising between users of the website, or arising out of the use of the services as agreed and accepted by members on creating an account and availing membership, shall be subject to the laws of India and the jurisdiction of the Pune courts.