Libros Library Services LLP- Terms of Use
1. Acceptance of Terms of Use
1.1
"Terms of Use" govern your use of the Libros™ Website
hereinafter referred to as "Service". The Service is owned and
operated by Libros™ Service registered with Libros Library Services LLP
(hereinafter referred to as "Libros™") and is offered to you
(hereinafter referred to as "Member") as per your agreement with and
acceptance of this document (hereinafter referred to as
"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 the Terms of Use.
1.2
By browsing visit to 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 Libro’s 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. These Terms of Use affect
your rights and you should read them carefully.
2.
Changes to terms of Use
Libros™ reserves
the right, from time to time, with or without notice to you, to change these
Terms of Use in our sole and absolute discretion. The most current version of
these Terms of Use can be reviewed by clicking on the "Terms of Use"
located at the bottom of the pages of the Libros™ Website. The most current
version of the Terms of Use will supersede all previous versions. Your use of
the Libros™ Website or continued use of our service after changes are made
means that you agree to be bound by such changes.
3.
Privacy
Any information
submitted on the Libros™ Website is subject to our Privacy Policy, the terms of
which are incorporated herein. Please review our 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 of our service, you may
keep the book(s) delivered to you for the entitled period of 3 Weeks. Gold,
Platinum and Platinum + members will be entitled with additional One-time
renewal of book(s) for a period of one week. If a member wishes they can return
the book anytime earlier as well (before the end of 3 weeks).
4.2
Membership may be withheld and the issue of new books shall be stopped if
all dues are not cleared on or before Book Return Due Date. Book return request
has to be placed before the book return due date. Penalty of Rs 50 per week
shall be applicable upon failure to return the books on due date for the book
return. For the membership plans for more than one book, penalty shall be
applicable even if anyone book is not returned on Due date and membership shall
be withheld in such case.
4.3 In
the event of lost book(s), Charges will be applicable which may be equal to the
cost of book(s). We shall notify you about the charges and the Membership will
be kept on hold till all charges are paid before the due time notified.
5.
Unlimited Book Plans (Unlimited Books Exchanges)
Unlimited book
exchange allows the customer to exchange and read as many books possible,
provided that at any given point of time the customer holds only the number of
books as per the plan entitlement. Updates in the Library App for the returned
books will take 24-48 hours from the time the book reached the library, and
hence you might not be able to order new books on the same day. Request you to
drop us a mail on communication@libros.co.in for any clarifications or issues
for books ordering. As per our rules all ordered books shall be delivered to
Library members within 2 working days, under normal circumstances, or
considering permissible weather conditions or any other restrictions imposed by
authorities.
6.
Allocation, Delivery and Return of Rented Book(s)
6.1
Order can be placed for the available books instantly. Books which are in
circulation and are not available for placing order, will be notified to you
when available if you opt for “Notify Me” option in front of the book. Order
can be placed for number of books based on you Membership Plan entitlement
(i.e. number of books you can have at any given point of time during the period
your Valid membership and the type of Membership).
6.2 For the books which are not available in our database, Request for such books can be placed by filling the required details in the given format in our App. Final Decision to purchase such books is at the sole and absolute discretion of Libros™ Management.
There will be a limitation on the total cost of additional books to be purchased for each member. For Gold ,Platinum & Platinum Plus members Additional books amounting to Rs.1000,Rs.2000 & Rs.3000 respectively will be purchased.
6.3
We reserve the right to ship ordered books among our subscribers in any
manner that we, in our sole and absolute discretion, determine. In addition, we
will, in our sole and absolute discretion, determine the quantity of books we
purchase for any particular title and the level of staffing and number of
shipments to be processed. The ordered books shall be delivered within 48 hours
of placing the Order. Our aim is to deliver you the books as early as possible
once the order is confirmed.
6.4
The factors that may affect delivery times, include, but are not limited
to, (i) the distance between the distribution centre from which your book(s)
was shipped and your delivery address, (ii) the timing of your Order placement
of books, (iii) Weather conditions. We do not process returns or deliveries on
National Holidays. We may from time to time revise these Terms of Use but we
will not necessarily provide you notice of the revisions. It is up to you to
review the Terms of Use frequently to determine if there have been any changes
made.
6.5
We will send you Notification letting you know when we have received a
returned book(s), and we will also send you Notification letting you know when
we have shipped your next book(s), including the anticipated time of delivery.
6.6
Libros™ reserves the right to request return of any and all book(s) in
the possession of Members at any time. Members understand and agree to promptly
return any book(s) to Libros™ upon request, and that failure to do so within
seven days of the request makes members liable for the cost of those book(s)
plus 50% of that cost as a handling charge, for which Libros™ reserves the
right to stop the services and cancel the membership.
6.7
Members understand and agree to take enough care of the book/s when the
book/s are delivered to them. Members should ensure that the book/s are not
damaged and be kept in the same condition as received till the time they are
returned to Libros™.
7.
Dues and fines
7.1 In
case the members continue to hold their issued book/books beyond 3 weeks after
issuing them and continue to do so beyond 4th week that member shall be liable
for a fine of Rs. 50 per week to be paid while return of the said book/books,
per book delayed. This amount can equal the entire cost of the book too.
Further, Libros™ holds all and every right to take any further action against such
account holder like temporary/permanent suspension of membership account of
such defaulter. Libros™ also holds all the rights to take any action against
any such member to deny him/her access to the services of Libros™ for a
temporary time or permanently blacklisting such member. Libros™ shall also have
all rights to not avail discount to such members in future or give any extended
time to return the books and such member may for every new default be charged
fine immediately.
7.2 In
case the members have lost/damaged their issued book/books they shall be liable
for a fine. This fine amount may include the entire cost of the book and
handling charges etc if any. Further, Libros™ holds all and every right to take
any further action against such account holder like temporary/ permanent
suspension of membership account of such defaulter. Libros™ also holds all the
rights to take any action against any such member to deny him/her access to the
services of Libros™ for a temporary time or permanently blacklisting such
member. Libros™ shall also have all rights to not avail discount to such
members any time in future or give any extended time periods to return the
books and such member may for every new default be charged fine immediately or
additionally. Such exhaustion of any privileged rights or any other suspension
of discount offers of such defaulters shall be entirely the sole decision of
Libros™.
8.
Membership and Billing
8.1
Members need to undergo a one-time registration process for creating an
account on Libros™. Registration process shall include submitting details like
name, address, mobile number, email ID or other details as required. The
members shall be necessitated to give all details and information for complying
with KYC needs while registering for membership with LibrosTM. The contact
details provided while registration like mobile number, e-mail ID etc. shall be
used as the primary point of contact by Libros™ and its authorities when needed.
8.2
Members can find the specific details regarding subscription with Libros™
at any time from the Mobile Application and Website.
8.3
By using the Libros™ service, you are expressly agreeing that we are
permitted to bill you an Annual subscription fee, any applicable tax and any
other charges you may incur in connection with your use of the Libros™ service.
Additional charges or cancellation of membership may apply if you fail to
return the book(s). As used in these Terms of Use, "billing" shall
indicate either a charge or debit, as applicable, against your Payment Method,
where applicable. The subscription fee will be billed at the beginning of your
subscription and continue thereafter unless and until you cancel your
membership or till end of the membership period.
8.4 Your Membership Renewal date can be found from Your Account in the Mobile Application. Member has to renew the plan before the Plan End Date. The membership fees will be deducted for the used period of membership if the member wishes to cancel the membership before the end date of the current Membership. 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 Refund policy below for Refund amount calulation.
8.5
Authentication of the member will be done via his mobile number, and the
same will be used for OTP generation during every login. In case of any change
to the number or loss of the number, Membership account may get locked. In
order to reactivate account, email has to be sent through the registered email
id to our support team to make changes to your account related to mobile number
and reactivation of the account.
8.6 Members shall need to deposit an amount of Rs.150 as security deposit and a Joining Fee of Rs.350 with Libros™ to avail the services after enrolling for membership with Libros™. The deposit is refundable on closure of account with Libros™ provided the member does not owe any dues/ fines or is liable to pay any amount for lost/damaged books or default of not returning the book within 3 weeks.
Security Deposit has to be claimed within 3 months from end of membership for Refund, beyond this period if claimed security deposit will not be refunded.
9.
Referral Policies
9.1
Existing members can refer other non-members for creating a membership
account with Libros™. On 1-3 successful referrals with LibrosTM the Referee
gets 5 % off at the next renewal by him/her; on 4-7 successful referrals with
LibrosTM the Referee gets 7.5 % off at the next renewal by him/her; on 8 or
plus successful referrals with LibrosTM the Referee gets 10 % off at the next
renewal by him/her.
9.2
The new members on joining through a referral get waiver on the joining
fee and initial deposit amount of Rs-500/- (subject to revisions) and also a 5%
off on the membership fee if subscribing for atleast a year.(Gold
membership-Rs.-100/- off, Platinum membership-Rs.- 150/- off, Platinum +
membership -Rs.-200 off.)
1.
Damaged Books
All book(s) sent
to you have been checked to be in a good condition prior to dispatch. Upon
receipt of the book(s), you must ensure that the same is in good condition. Any
anomaly, if found, must be reported to our delivery executive. Failure to check
and/or report the same will be constituted as your having received a book in
good condition. At the time of pick-up, our courier executive will check for
any damage to the book(s) and will intimate you accordingly. Upon receipt of
the book(s), we will verify the same. In the event of a book being damaged, we
will notify you, and intimate you about the same. The determination of a book
being “damaged” will be at the sole discretion of Libros™. Charges may be
applicable in such cases depending upon the extent and type of damage, which
may be equal to the cost of book(s). The membership will be withheld and no
issues of books shall be done until the determined book damaged charges are
paid.
2.
Refund and Cancellation Policy
Our goal is complete customer satisfaction. In the event, if you are displeased with the services provided, we shall refund back the money. You may cancel your membership with Libros™ at any time either online through our Mobile Application or Call Centre. We shall refund you the membership fees for the remaining membership period through bank cheque in the name of the member as appears at the time of registration or by direct Transfer to the same Account/Card which was used for buying membership, within twenty working days. To strengthen our relationship with our users we look forward to briefly know the reasons for cancellation of LibrosTM services by members, thus, while cancellation request is put forth by any user/member, he/she may be required to quote the reason very briefly for the cancellation initiated. Before cancellation you are required to return any outstanding books and clear any dues/fines/penalty on your account. On failure to return books & clear dues, cancellation request will not be processed. 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 shall be applicable in such cases. Cancellation requests shall be processed only after all books have reached us and the entry for the same has been done in our system. You will be required to return the books within 7 days following any cancellation of the service or non-payment of renewal fees or be subject to charge for unreturned book(s). Refund amount will be calculated after deducting any dues and penalty charges on the account. Libros™ reserves the right to terminate your membership for any or no reason at its sole discretion.
Refund Amount : Refund amount will be calculated for the number of full quarter pending.
Following Fees will be 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 on the member's request.
1.
Account Access,
12.1
You are responsible for maintaining the confidentiality of
your account, password & 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 representations on behalf of
Libros™. will not be bound by, or be liable for any statement or representation
made by you or by any member of the referral program.
12.2
If any conflict of interest exists over the specific
conditional offers / benefits provided to you from time to time and these Terms
and Conditions, the Terms and Conditions shall supersede such specific
conditional offers or benefits.
2.
Termination of membership
Libros™ may
terminate your Membership without prior notice of your Material Breach of this
agreement. "Material Breach" includes:
a)
Violation of any of the provisions of this agreement.
b)
Acting unlawfully in relationship to Libros™.
c) If
there is a breach of our Anti-Spam Policy.
d)
For providing incomplete, false, fraudulent or otherwise incorrect
information to us.
e)
Creating duplicate or illegal Memberships such as using the membership
for commercial purpose or any other purpose other than reading books, sharing
of membership with non-members of Libros™.
3.
Memberships are not transferable
14.1 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. You may not use anyone else's password or membership or
act to accrue reward points for anyone else. You are responsible for keeping
your password secret. Libros™ is not liable for any damage caused by any disclosure
of your password. You may create a membership only for yourself; you should not
establish Membership on behalf of anyone else.
14.2 Members can
upgrade their ongoing membership plans to any higher plan by paying the
additional difference amount based on from which month of their ongoing plan
they wish to switch to a higher plan. The balance amount of the ongoing plan
shall be deducted from the total amount to be paid for the higher plan and the
members will have to pay only the excess amount after such adjustments. (See
example below)
Example
of Upgrade of Plan :
1.
Intellectual Property Rights
15.1
LibrosTM 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 the Indian and international copyright laws.
The compilation of all content on this site is the exclusive property of
Libros™ and protected by the 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™ reserves the right to
terminate your membership hereunder if Libros™, in its sole and absolute
discretion, believes that you are in violation, such violations including the
photo copying of book(s) rented to you by us or the copying or other
unauthorized use of our proprietary content. Libros™ does not promote, foster
or condone the copying of books or any other infringing activity. The use of
books rented to you by us is solely for your personal and non-commercial use.
Please see the instructions at the end of these Terms & Conditions for
notifying us of the presence of any allegedly infringing content on the Libros™
Website.
15.2
LibrosTM Trademark Rights:- LibrosTM is a proprietory mark of
the owner, and any and all rights associated with the mark be it IP rights or
common law rights are the sole ownership of the propreitor.
15.3
LibrosTM Copyrights:- Any and all content of the website
LibrosTM and that of the App is the sole proprietorship of LibrosTM.
15.4
Third party IP Rights:- Any and all content displayed on
the Libros™ website including images of books available, etc. that belong to
third party or external links for any specific book which may be made available
on Libros™ for subscription is the property of the owner to whom they belong,
and all the intellectual property rights related to such images or any other IP
are with the owner of the property. Libros™ holds no rights or liabilities over
such graphic, open-source content made available for viewing over the Libros™
website to its users/members.
2.
Entertainment and Website Content
We distribute
books and we reserve the right to display and promote the information on our
Website to you in any manner we choose in our sole and absolute discretion. In
addition, the Libros™ Website allows you and other third parties to post
reviews or comments concerning the entertainment distributed by us. Any
opinions, advice, statements, services, offers, or other information that
constitutes part of the content expressed or made available by third parties on
the Libros™ Website are those of the respective authors and not of Libros™, or
its shareholders, directors, officers, or employees. Under no circumstances
shall Libros™, or its shareholders, directors, officers, directors, or
employees be held 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 through
the Libros™ Website.
3.
Use of Information submitted
17.1
Libros™ is free to use any comments, information,
ideas, concepts, reviews, or techniques or any other material contained in any
communication you may send to Libros™ ("Content"), including, without
limitation, responses to questionnaires or through postings to the Libros™
Website without further compensation, acknowledgement or payment to you for any
purpose whatsoever including, but not limited to, developing, manufacturing and
marketing products and creating, modifying or improving the Libros™ Website or
other Websites. Furthermore, by posting any Content on our site, submitting
Content to us, or in responding to questionnaires, you grant us a perpetual,
non-exclusive, royalty-free irrevocable license and right to display, use,
reproduce or modify the Content submitted in any media, software or technology
of any kind now existing or developed in the future.
17.2
Please note Libros™ does not accept unsolicited
materials or ideas for use or publication, and is not responsible for the similarity
of any of its content or programming in any media materials or ideas
transmitted to Libros™. Should you send any unsolicited materials or ideas, you
do so with the understanding that no additional consideration of any sort will
be provided to you, and you are waiving any claim against Libros™ and its
affiliates regarding the use of such materials and ideas, even if material or
an idea is used that is substantially similar to the idea you sent.
4.
Service Testing
From time to time,
we test various aspects of our service, including service levels, plans,
promotions and pricing, and we reserve the right to include you in or exclude
you from these tests without notice.
5.
Electronic Communications
By using the
Libros™ service, you consent to receiving electronic communications from
Libros™. These communications will include notices about your account (e.g.,
shipping and receiving e-mails and other transactional information) and
information concerning or related to our service, such as featured films or
other entertainment information or offerings. These communications are part of
your relationship with Libros™ and you receive them as part of the Libros™
subscription. You agree that any notice, agreements, disclosure or other
communications that we send to you electronically will satisfy any legal
communication requirements, including that such communications be in writing.
6.
Your conduct on the Libros™ website & Limitation of Use
By accessing the
Libros™ Website, you agree not to upload, post, e-mail or otherwise send or
transmit any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications equipment
associated with the Libros™ Website. You also agree not to interfere with the
servers or networks connected to the Libros™ Website or to violate any of the
procedures, policies or regulations of networks connected to the Libros™
Website, the terms of which are incorporated herein. You also agree not to
impersonate any other person while using the Libros™ Website, conduct yourself
in a vulgar or offensive manner while using our service, or use the Libros™
Website for any unlawful purpose.
7.
Links
Some of the
hyperlinks and banners on the Libros™ Website may lead to other Websites that
are not controlled by, or affiliated with, Libros™. In addition, other Websites
may link to the Libros™ Website. Libros™ has not reviewed these Websites and is
not responsible for the content or privacy policies of these Websites.
8.
Claims of Copyright Infringement
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. 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 who is making unauthorized use of the content of
the Libros™ Website, please notify us of your concern on
communication@libros.co.in .
9.
Use of Content
23.1
All logos, brands, marks, headings, labels, names,
signatures, numerals, shapes or any combinations thereof, appearing in this
site, except as otherwise noted, are properties either owned, or used under
license, by the business and / or its associate entities who feature on this
Website. The use of these properties or any other content on this site, except
as provided in these terms and conditions or in the site content, is strictly
prohibited.
23.2
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
respective organization’s or entity’s written permission.
10.
Liability
24.1
Member
agrees that neither Libros™ nor its group companies, directors, officers or
employee shall be liable for any direct or/and indirect or/and incidental
or/and special or/and consequential or/and exemplary damages, resulting from
the use or/and the inability to use the service or/and for cost of procurement
of substitute goods or/and services or resulting from any goods or/and data
or/and information or/and services purchased or/and obtained or/and messages
received or/and transactions entered into through or/and from the service
or/and resulting from unauthorized access to or/and alteration of user's
transmissions or/and data or/and arising from any other matter relating to the
service, including but not limited to, damages for loss of profits or/and use
or/and data or other intangible, even if Libros™ has been advised of the
possibility of such damages.
24.2
Member
further agrees that Libros™ shall not be liable for any damages arising from
interruption, suspension or termination of service, including but not limited
to direct and /or indirect and / or incidental and / or special consequential
and / or exemplary damages, whether such interruption or/and suspension or/and
termination was justified or not, negligent or intentional, inadvertent or
advertent.
24.3
Member
agrees that Libros™ shall not be responsible or liable to user, or anyone, for
the statements or conduct of any third party of the service. In sum, in no
event shall Company's total liability to the User for all damages or/and losses
or/and causes of action exceed the amount paid by the User to Company, if any,
that is related to the cause of action.
11.
Dispute resolving
Any dispute that
arises between the users of the website or arising of out of the usage of the
services as agreed and accepted by the members on creating an account and
availing membership shall be subject to laws of India and jurisdiction of Pune
courts.