TERMS AND CONDITIONS OF USE (Including Payments & Refunds)
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
The ordering or acceptance of any Products purchased from “MALS” or its applicable subsidiaries or affiliates by any purchaser (each a “Purchaser”) shall constitute an agreement to these standard terms and conditions set forth herein. These Terms, together with the terms and conditions published by MALS in the applicable MALS catalog, the MALS Cost Proposal, the MALS Quotation, order form (if applicable to Purchaser’s purchase) and any such publication made by “MALS” collectively constitute the sole agreement between the parties relating to the subject matter hereof, except for any agreements, amendments, or waivers agreed to in writing by both “MALS” and Purchaser. Any contrary or inconsistent terms to these Terms appearing on purchase orders, acknowledgments, or other documents of Purchaser or oral stipulations shall not be binding on “MALS”.
- Registration Process: Registration on bookbhook’s paid and free services requires logging in with email or via facebook or google account. In case of email login, a confirmation mail goes to the requisite email ID and the registration is confirmed once the account is verified.
- Services by bookbhook, owned by Marcus Aurelius Learning Solutions Pvt Ltd, is in the business of creation of online solutions for abridged editions/reformatted interpretation or analytical summaries of books, take care of interests of readers, conduct conferences and workshops with them and provide blended learning solutions and to establish, encourage, own, promote, subsidize, maintain, organize, equip, operate, conduct, undertake and modernize libraries, and provide a medium for circulation of books (abridged or otherwise), book summaries in English and other languages, magazines, encyclopedias and other publications on membership, periodical fees to the members at large and to do all such other acts and things as are necessary for the attainment of main objectives of The Company.
- Bookbhook free service:
Bookbhook, via its emails, apps and blogs, will provide select book summaries and adaptations or interpretations of short stories in English and/or hindi and other languages for consumption by the registered users. These summaries will also be disseminated via social media. Bookbhook will offer free book recommendation service via email and social media. There is no promise on the frequency and regularity of this free service. The free service is only in terms of content. User may still need data subscription and data consumption charges to read the free content.
- Subscription service:
There is a fee-based subscription available (“Subscription Access”) called bookbhook gold. bookbhook gold subscription accesses are fee-based subscriptions which enable you to access a set of our content and features through our mobile, including behind the pay-wall content, web based applications AND/OR physical subscription box /gamified microlearning delivery, depending on the subscription tier you’ve purchased. Users are advised to enrol for bookbhook gold subscription after using the preview available on free-to-read content. THE COMPANY reserves the right to introduce new subscription packages, features and benefits from time to time.
Depending on mode of payment for subscription services, you may need to input your handphone number. This information will be stored with us as per the privacy terms mentioned elsewhere in this document
The Company will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. The Company reserves the right to reject any offer in its discretion, for any or no reason.
Any content that is provided to you on a subscription basis is for your personal use only and only for the duration of the subscription, if and when all related payments have been paid as necessary. Your rights to use and access the subscribed content will end automatically upon expiry of the subscription period. The Company reserves the right to restrict your access and use of the subscribed Content before the expiry of the subscription period if you are in default of this Agreement.
To access the subscription service, you will be asked to enter your individual user name and password, as chosen by you during your registration. Therefore, THE COMPANY does not permit any of the following:-
- Any other person sharing your account and Password
- Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with The Company as users of the Site; or
- Access through a single account and Password being made available to multiple users on a network
In addition, select bookbhook content is also accessible via mobile/web based applications and email services using a free advertisement based model as well as pay per view model. bookbhook will also run, on custom basis, paid book workshops. These will be on pay per pax or by-invite-only closed door events
- Privacy Statement:
At Bookbhook we understand that your personal information is yours. We support the principle that online consumers are entitled to full disclosure about how we collect and use the information you give us. Therefore, we want you to know that we adhere to the following principles and policies:
We collect information from you when you register on our app. This includes your name, email and Facebook, Linked-in or Google name (if you opt for it) at the time of registration. We will not post anything to your Facebook, Linked-in or Google account without your explicit permission. We do not have access to your passwords or any other info that is meant to be private.
If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
With newsletter registration, your e-mail address will be used for information and advertisement until you cancel the newsletter. Cancellation is possible at any time. You have given your consent to the following, either separately or explicitly, during the ordering process, and we have recorded your consent..
You can revoke this consent effective for the future at any time by clicking “Unsubscribe Newsletter” at the end of the newsletter or sending your revocation to THE COMPANY to the following contact address:
Revoking your consent for receiving the newsletter will not cause any costs for you; except for transmission costs pursuant to the respective basic rates of your phone/internet provider.
If we received your e-mail address in connection with selling goods or services, we are also entitled to send you newsletters for direct advertising of our own similar goods or services without your (explicit) consent, unless you have rejected such use.
You can object to this use at any time with effect for the future without occurring any costs other than transmission costs pursuant to basic tariffs.
- Access and Update of Profile Data, Deletion
You can access and change your profile data via your account-settings.
Information about Saved Data, Contact
If you have any questions or comments about this data protection notification or your personal data, please contact us via “[email protected] ”.You can certainly always request free of charge information regarding data we saved about you, e.g. via e-mail, “[email protected] ”. We will answer within an appropriate period after proof of identity. You may possibly be entitled to request that your data will be corrected, suspended or deleted.
Change of Data Protection Notification
We will occasionally change this data protection notification in order to incorporate new functions, features, products or services and to ensure the protection of your personal data. These changes and the current data protection notification are available on this site for you anytime. If we are making material changes, particularly regarding collection, use or processing of your personal data, we will notify you of this via e-mail or inform you no later than during your next THE COMPANY login.
- Billing and Payment
All amounts owing from the user to us with respect to any Products purchased from us are due immediately from the date set forth on THE COMPANY’s invoice. Accounts must be current before subsequent deliveries will be made. Purchaser credit limits may be established and modified by THE COMPANY in its sole discretion. Unless a set-off or deduction is specifically provided for by THE COMPANY in a valid credit memo, Purchaser may not charge back to THE COMPANY or make any set-offs or deductions, including, but not limited to, set-offs or deductions for violations of customer shipping or routing guidelines and/or other promotional programs.
THE COMPANY shall process any credit to Purchaser’s account in accordance with THE COMPANY’s standard practices and procedures. For any payments made by credit card, Purchaser represents and warrants that it will not use any credit card or other form of payment unless Purchaser maintains all necessary legal authorization to do so. If THE COMPANY does not receive payment from Purchaser’s credit card issuer or its agent, Purchaser agrees to pay all amounts due upon demand by THE COMPANY or its agents. Unless Purchaser notifies THE COMPANY of any discrepancies within sixty (60) days after they first appear on Purchaser’s credit card statement or THE COMPANY invoice, Purchaser agrees that they will be deemed accepted by Purchaser for all purposes, unless otherwise required by applicable law
- Shipping, Handling and Risk of Loss
Unless otherwise expressly indicated on the face of an order, risk of loss and title is passed to Purchaser upon transfer of the Products to the carrier. Shipping costs quoted are estimates and may vary from the actual costs. THE COMPANY will ship Physical Products, using its established methods of packing and transportation, except as otherwise instructed by Purchaser and agreed to by THE COMPANY. If Purchaser requires other packing or preparation, Purchaser will pay the additional costs.
- Acceptance, Prices & Terms:
Orders for Products are subject to acceptance and availability. THE COMPANY’s list prices and other terms shown are subject to change without notice.
User may, immediately on receipt of any incorrect titles or damaged or defective Products, reject and return them to THE COMPANY, with authorization from THE COMPANY and at THE COMPANY’s expense. User assumes, and shall bear and pay, all risks and expenses of returning any such Products without THE COMPANY’s authorization. Shortages, damaged Products or incorrect titles must be reported within thirty (30) days of receipt of shipment. In the event of a shortage, THE COMPANY shall ship the items or credit Purchaser’s account for the shortfall. For damaged Products, THE COMPANY shall pick up the Products and issue an appropriate credit or ship replacement Products. For Products showing visible damage on the shipping carton, the carrier must note damages on the freight bill before accepting delivery. Merchandise damaged in transit must be reported to the carrier immediately. All original shipping cartons, packing slips, packing materials and damaged Products must be saved until they have been inspected or Purchaser’s claim has be resolved.
- Changes, Cancellations & Default:
THE COMPANY may make changes in quantities, specifications, delivery schedules, method of shipment, and packaging, and may cancel or terminate work on any order for its own convenience, in whole or in part, by written or electronic notice at any time. Any changes to orders requested by Purchaser may be approved or rejected in THE COMPANY’s sole and absolute discretion. If the Products purchased from THE COMPANY are not as described, Purchaser’s sole remedy is to return it in unused condition, complete and undamaged, in the original packaging. In the event of any default or breach by Purchaser of these Terms, THE COMPANY will have available all remedies under applicable law.
Part of the Site or the bookbhook Service may contain advertising information or promotion material or other material submitted to The Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement
If you are a consumer (meaning an individual making the order for a purpose that is not for commercial or self-employed activity), the following revocation right shall apply for using THE COMPANY regarding conclusion of fee-based subscriptions as well as for the purchase of offline physical subscriptions:
Instruction on Revocation
If you purchased access to a fee-based THE COMPANY service or offers that are subject to charges via the THE COMPANY platform, you shall have the right to revoke this contract having to give reason. The revocation right shall exist for a period of seven days before the beginning of every month for the next month. For exercising your revocation right, you shall notify us at “[email protected]” via an explicit statement (e.g. letter via postal service, fax or email) regarding your decision to revoke the contract.
Consequences of Revocation
If you revoke this contract, we shall be obligated to refund all payments that we received from you, for the remaining months of your subscription.. We will use the same payment method for this refund that you used for the original transaction, unless we have stipulated a deviating method with you. This refund shall under no circumstances be subject to charges for you.
- No responsibility to sell mispriced merchandise:
THE COMPANY does its best to describe every product offered as accurately as possible. However, THE COMPANY does not warrant that the Products, specifications, pricing, or other content we provide in catalogs or elsewhere is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any Products, THE COMPANY shall have the right to refuse or cancel any orders in its sole discretion. If THE COMPANY charged Purchaser’s credit card prior to cancellation, THE COMPANY will issue a credit to Purchaser’s credit card account in the amount of the charge.
In the event a Product is the subject of a recall by THE COMPANY, THE COMPANY shall be responsible only for, at THE COMPANY’s election: (a) supplying Purchaser with corrected versions of the recalled Product(s) in a quantity equal to the quantity recalled; or (b) reimbursing Purchaser for the costs paid by Purchaser to THE COMPANY for such Products upon the return thereof.
- Compliance with Laws:
Purchaser shall comply with all applicable laws and regulations applicable to the purchase and use of Products and/or the resale of Products.
- The Company’s Intellectual Property Rights:
The intellectual property contained in the Products (and any derivative works based on the Products) is confidential and/or proprietary information of The Company or its licensors and is protected by copyright and other intellectual property rights. The hindi and other language summaries are a translation of the bookbhook summary in English and not from the book
- Terms Applicable To Software And Other Digital Products:
- Any subscription to software under these Terms is for the time period or term listed in the applicable The Company Cost Proposal or The Company Quotation and order form. If Purchaser wishes to extend any subscription or license term(s), a purchase order, change order, or amendment is to be negotiated for additional fees.
- Purchaser acknowledges that Digital Products may include security technology to ensure that they may only be used in accordance with the applicable license rights.
- Purchaser may not: (1) re-sell, rent or lease a Digital Product or any part of it; (2) copy any part of a Digital Product, except where specifically indicated otherwise or for back-up purposes; (3) reverse engineer, decompile or disassemble a Digital Product or the software through which it is delivered, or convert it into any other format or medium; (4) use more copies of a Digital Product, or deploy a Digital Product on more devices or at more sites, than are authorized by these Terms and the applicable the The Company Cost Proposal or The Company Quotation and order form, or (5) sub-license the Digital Products except as permitted by The Company.
- Purchaser will not own any tangible media (e.g., CD, DVD, tape, etc.) on which Digital Product(s) are supplied.
- By ordering Products, Purchaser represents and warrants that it has complied with any and all of its own requirements necessary to authorize the purchase. Purchaser is solely responsible for all purchase decisions, including ensuring the compatibility and suitability of all Products.
- Force Majeure:
THE COMPANY shall not be deemed in default of its obligations to Purchaser to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials and supplies, or any other cause beyond its reasonable control.
By ordering and accepting delivery of Products, Purchaser represents to THE COMPANY that Purchaser is solvent and will make payment in full when due for such Products in accordance with the applicable invoice. In the event that the Purchaser orders and/or accepts delivery of any Products while insolvent, Purchaser shall immediately return all such Products to THE COMPANY, and any and all Products en route to Purchaser at such time shall be returned immediately upon Purchaser’s receipt thereof. Events which shall be deemed to establish Purchaser’s insolvency include, but are not limited to, the filing of a bankruptcy petition by or against Purchaser and/or Purchaser’s admission of its inability to pay its debts when due.
- Claims & Refunds
You may cancel your membership at anytime; however, there are no refunds or credits for partially used periods. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund (except in the limited circumstances set out in these Terms). You may notify us of your wish to cancel your subscription by contacting us at “[email protected]”. You must provide at least 5 business days advance notice before the end of subscription period for this to be implemented.
The Company uses the services of third party payment service providers to process your payment of the Subscription Fees. Accordingly your usage of such third party services shall be in accordance with the terms and conditions of adopted and implemented by such service provider, and The Company shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such service provider or any actions taken by The Company in respect of the same.
Termination of this Agreement by MALS shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which this Agreement is terminated, or any other outstanding amounts for your use of the Service, Software or Content.
If The Company reasonably believes that an account and password is being used / misused in any manner, The Company shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you shall be entirely responsible for any and all activities that occur under your account. You agree to notify The Company immediately of any unauthorized use of your account or any other breach of security. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, however, you could be held liable for losses incurred by The Company or another party due to someone else using your account or password
To the extent allowed by law and subject to the right of Purchaser to raise the defense(s) of sovereign governmental or qualified immunity against third party claims, Purchaser will indemnify, defend and hold harmless THE COMPANY, its parent companies, subsidiaries, affiliates, directors, officers and employees from any third party claims, causes of action, damages, costs, liabilities or expenses that arise from a breach of these Terms or from improper, illegal or unauthorized use, distribution or operation of the Products.
- Disclaimer Of Warranties And Indemnities; Limitation Of Liability:
All products are provided on an “as is” basis, and the company expressly excludes the warranties of merchantability, fitness for a particular purpose, title and noninfringement. purchaser agrees to defend, indemnify and hold harmless the company and its parent, affiliates, successors and assigns and their respective officers, employees and agents from and against any and all losses, costs and expenses (including reasonable outside attorneys’ fees and expenses) incurred in defending any claim, judgment or proceeding relating to or arising out of: (i) purchaser’s breach or alleged breach of its representations, warranties, obligations and agreements contained in these terms; and/or (ii) the distribution, resale and promotion of products by purchaser. the company will have the right to control the defense and settlement of any claims subject to indemnification herein. the company shall have neither liability nor responsibility to any person or entity with respect to
Any loss or damage arising from the products, including, without limitation, the company’s failure or alleged failure to fill orders by purchaser in whole or in part.the company does not guarantee that any digital products will be delivered error-free or uninterrupted. the company does not control the transfer of data over communications facilities, including the internet, and digital products may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. the company shall not be liable for any damages to computers, communication systems, data or services that may arise as a result of the use of digital products. in no event shall the company be liable to purchaser for any incidental, indirect, special, punitive, exemplary or consequential damages, whether in tort, contract, strict liability, warranty or otherwise, and regardless of any notice of the possibility of such damages. in no event shall the company’S total aggregate liability in contract, tort or otherwise arising out of or in connection with these terms exceed the fees paid or payable by purchaser during the most recent twelve (12) month period prior to the claim.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of the Terms shall remain in force and in effect and be construed so as to best effectuate the intention of the parties. The waiver of one default shall not waive subsequent defaults of the same or different kind.
You agree that:
- The service shall be deemed to be solely based in India and
- The service shall be deemed a passive website and application that does not give rise to a personal jurisdiction over THE COMPANY, either specific or general, in jurisdiction other than India.
You agree that the laws in India, will apply to these terms and conditions of service. In addition, for any dispute arising out of or related to service, the parties consent to personal jurisdiction in and exclusive venue of the courts in Bangalore/Delhi, India.
You and the company agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Intellectual Property:
The Service and its original content, features and functionality are and will remain the exclusive property of THE COMPANY and its licensors. The Service is protected by copyright, trademark, and other laws of India and other countries depending on the work. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of THE COMPANY.
Also, we respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to “[email protected]”, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under ” Copyright Notice and Procedure for Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
“Copyright Notice and Procedure for Infringement Claims”
You may submit a notification) by providing our Copyright Agent with the following information in writing:
– an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
– a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
– identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
– your address, telephone number, and email address;
– a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at [email protected]
Customer acknowledges that in the course of performing the Services under this Agreement, representatives of THE COMPANY may disclose certain confidential information to Customer. All concepts, work, materials, and related information disclosed to Customer by any person acting on behalf of THE COMPANY are proprietary and confidential information of THE COMPANY. Customer acknowledges this and agrees not to disclose any such concepts, work, material or related information to any other parties, or to make any use of the THE COMPANY Materials other than the use that is intended by THE COMPANY through its provision of the Services.
- The Company services to be used only for Personal Use:
User acknowledges that the services provided by THE COMPANY shall be used by him/her only for personal use. That, this product shall not be used further for any commercial gains. The services subscribed by the user shall not be transferred to any other user and shall remain specific to the User registered with us.
- Personal use means, User agrees to not to distribute in any medium any part of the Service or the Content without THE COMPANY’s prior written authorization, unless THE COMPANY makes available the means for such distribution through functionality offered by the Service
You agree not to alter or modify any part of the Service.
You agree not to use the Service for any of the following commercial uses unless you obtain THE COMPANY’s prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content.
- Independent Contractor:
THE COMPANY and Customer are not partners or joint ventures and nothing contained herein shall be construed as creating an employment, partnership, joint venture, agency, or any other relationship whatsoever, except that of independent contractors, between THE COMPANY and Customer
Import duties, taxes and customs clearance fees relating to Products shipped outside India will be borne by Purchaser. Export laws and regulations of India shall apply to all Products. Purchaser agrees that export control laws govern its use of the Digital Products and related services (including technical data) and any Digital Products deliverables provided to Purchaser by THE COMPANY, and Purchaser agrees to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). For Products exported outside India, Purchaser agrees that it will not import or allow a third party to import such Products into India.
For any information or dispute resolution kindly contact us at:
Marcus Aurelius Learning Solutions Pvt Ltd 26, Deshapriya Park Road, Kolkata 700026