We recommend that you carefully go through our Terms of Use, to better
understand the different features of our service, and information about
our Website.
Acceptance of Terms of Use These "Terms Of Use"
govern your use of the Librarywala™ Website hereinafter referred to as
"Service". The Service is owned and operated by Librarywala™ Service
registered with Dharya Information Pvt Ltd (hereinafter referred to as
"Librarywala™") 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.
By browsing visit
to Librarywala™ 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
Librarywala Website.
These Terms of Use are an ongoing contract
between you and Librarywala™ and apply to your use of the Librarywala™
service and Website. These Terms of Use affect your rights and you
should read them carefully.
Changes to terms of UseLibrarywala™
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
Librarywala™ Website. The most current version of the Terms of Use will
supersede all previous versions. Your use of the Librarywala™ Website or
continued use of our service after changes are made means that you
agree to be bound by such changes.
PrivacyAny information
submitted on the Librarywala™ 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 Librarywala™ Website)
Delivery and Return of Books & No Due Dates or Late Fees
Provided
you continue to be a paying subscriber of our service, you may keep the
book(s) delivered to you as long as you like. 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). Also, you may be charged for book(s) that you lose or damage.
In the event that the number of lost book(s) on your account becomes
excessive, as we may determine in our sole and absolute discretion, we
will notify you that your account has been placed on hold for review and
may charge your Payment Method for the estimated cost of the lost
book(s). We will alert you of any potential charges prior to charging
your Payment Method.
Unlimited Book PlansWe have started some
unlimited books plans for our corporate/retail clients. these are plans
that are designed to make sure that a customer can read as many books
as possible in a month. we have put in the words "99 books in a month,
1/2/3 books at a time" this does not mean that you can read 99 books in a
month. one can read from 26 to 78 books in a month considering 26
working days, we need to put the number 99 there are per the
instructions from our legal consultants. Please not the updates of the
deliveries done today are done in the morning tomorrow and hence you
might not be able to order for books on the same day - we request you to
drop us a mail on
[email protected] conforming that you have
received the deliveries and hence we will update the same - this will
enable you to order further books.Please understand that we deliver more
than 1400 books per day and as per our rules we have to deliver within 3
business days, we will try our best to make sure that we deliver you as
many books as possible.
Digital Products
Digital products will be counted in your membership plan
Once order confirmed the same cannot be cancelled or reversed
Summaries are not complete books but brief of the book
Digital products will be accessible only for 30 days
Your QueueBooks that you select to
rent will be placed into your own rental queue. You may add books or
adjust the queue at any time. You must have at least 10 books in your
queue. Click the "Queue" tab to make adjustments, review requested books
or to see which books you currently have. We will determine which books
to send you based on the books in your queue, availability and the
priority in which you have listed them. We endeavor to ship to you the
books listed highest in your queue; however when availability is
limited, we may ship you books lower on your queue. Adjustments made to
your queue may not immediately impact your next shipment. In certain
instances you may have adjusted your queue before you have received a
shipment message when in fact a shipment was already processed. The
adjustments will, however, impact subsequent shipments.
Allocation, Delivery and Return of Rented Book(s)We
reserve the right to allocate and ship 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 at each distribution
centre. As a result, we may not always send you the top choices from
your queue, and we may not ship out your next book(s) on the same day
that we receive one from you. At present, our goal is to ship you the
book(s) listed highest in your queue. Often, on the same day that we
receive a book(s) from you, we will ship the next available book(s) from
your queue. In certain instances, your next available book(s) will not
ship until at least one business day following our receipt of your
returned book(s).
Other 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 placement or adjustment of
books in your queue. We do not process returns or deliveries on National
Holidays. We make no guarantee as to the shipping and delivery of
book(s) and may in our sole and absolute discretion, change our business
practice regarding allocation, delivery and shipping, without notice.
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.
Librarywala™ 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 Librarywala™
upon request, and that failure to do so within five 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 Librarywala™ reserves the right to
charge the Member's refundable security deposit.
Membership and BillingYou
can find the specific details regarding your subscription with
Librarywala™ at any time after logging in and by clicking on the "Your
Account" link, located at the top of the pages of the Librarywala™
Website.
Billing
By using the Librarywala™ service, you are
expressly agreeing that we are permitted to bill you a monthly
subscription fee, any applicable tax and any other charges you may incur
in connection with your use of the Librarywala™ service. Additional
charges may include if you fail to return the book(s), or if you fail to
make a change in the billing plans which you request. As used in these
Terms of Use, "billing" shall indicate either a charge or debit, as
applicable, against your Payment Method, including a checking account,
where applicable. The subscription fee will be billed at the beginning
of your subscription and on each monthly renewal thereafter unless and
until you cancel your membership. Click on the "Renew Plan" link on the
"Your Account" page to see the commencement date for your next renewal
period. We will automatically bill your Payment Method each month on the
calendar day corresponding to the commencement of your membership. In
the event your membership began on a day not contained in a given month,
we will bill your Payment Method on the last day of such month. For
example, if you became a paying member on January 31st, your Payment
Method would next be billed on February 28th. All fees and charges are
non-refundable and there are no refunds or credits for partially used
periods. We may change the fees and charges in effect, or add new fees
and charges from time to time, but we will give you advance notice of
these changes by email. If you want to use a different Payment Method or
if there is a change in your credit card validity or expiration date,
you may edit your Payment Method information by clicking on the "Your
Account" button, available at the top of the pages of the Librarywala™
Website. If your Payment Method reaches its expiration date, your
continued use of the service constitutes your authorization for us to
continue billing that Payment Method and you remain responsible for any
uncollected amounts.
Automatic RenewalsYour Librarywala™
subscription will be automatically renewed on a monthly basis. We will
bill the monthly subscription fee plus any applicable tax to the Payment
Method you provide to us during registration (or to a different Payment
Method if you change your account information). Your membership will
automatically renew for successive monthly subscriptions, without prior
notice to you, unless and until you cancel your membership or we
terminate it. You must cancel your membership before it renews each
month in order to avoid billing of the next month's subscription fees to
your Payment Method.
Damaged BooksYour Librarywala™
subscription will be automatically renewed on a monthly basis. We will
bill the monthly subscription fee plus any applicable tax to the Payment
Method you provide to us during registration (or to a different Payment
Method if you change your account information). Your membership will
automatically renew for successive monthly subscriptions, without prior
notice to you, unless and until you cancel your membership or we
terminate it. You must cancel your membership before it renews each
month in order to avoid billing of the next month's subscription fees to
your Payment Method.
CancellationAll 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 courier
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
email you, and intimate you about the same. The determination of a book
being “damaged�? will be at the sole discretion of Librarywala™.
Accordingly, we will charge you for the same (depending on the category
of the book) in the event of non payment All such damage charges will be
chargeable against your refundable security deposit. A top-up of the
refundable security deposit will be required by the due date of the next
billing cycle failing in doing so may result in termination of your
membership.
Refund of Security Deposit In the event that your
membership is cancelled, we will refund your security deposit after
ensuring all outstanding charges applicable have been processed. We
issue a bank cheque in the name of the member as appears at the time of
registration within Twenty working days. The cheque will be couriered to
the billing address as provided at the time of registration or as last
appended prior to the commencement of your last billing cycle.
Intellectual Property CopyrightYou
may cancel your subscription to Librarywala™ at any time, and
cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR
CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNREAD BOOK(S).
To cancel your membership you need to mail us a request for the same on
[email protected] and also call on our customer care numbers on
+91-22-67595901-99 and request the same to our customer care executive.
Upon cancellation, you will be given 7 days to return any outstanding
Books/rentals. Failure to return such rentals will result in your
Payment Method being billed for such items. Librarywala™ reserves the
right to terminate your membership for any or no reason. Disclaimers of
Warranties and Limitations on Liability The Librarywala™ service and
Website and its contents are provided "as is" and we make no
representations or warranties of any kind with respect to the
Librarywala™ Website, its contents or our service. We assume no
liability or responsibility for any errors or omissions in the content
of the Librarywala™ Website, any failures, delays, or interruptions in
the shipment of book(s), delivery of any content contained on the
Librarywala™ Website, any losses or damages arising from the use of the
content provided on the Librarywala™ Website, or any conduct by users of
the Librarywala™ service or Website. We reserve the right to ship
book(s) in our sole and absolute discretion. We disclaim all
representations and warranties, including, for example, warranties of
merchantability, fitness for a particular purpose, and non-infringement.
In addition, we do not represent or warrant that the information
accessible via our site is accurate, complete or current.
The
Librarywala™ service and Website and its contents are provided "as is"
and we make no representations or warranties of any kind with respect to
the Librarywala™ Website, its contents or our service. We assume no
liability or responsibility for any errors or omissions in the content
of the Librarywala™ Website, any failures, delays, or interruptions in
the shipment of book(s), delivery of any content contained on the
Librarywala™ Website, any losses or damages arising from the use of the
content provided on the Librarywala™ Website, or any conduct by users of
the Librarywala™ service or Website. We reserve the right to ship
book(s) in our sole and absolute discretion. We disclaim all
representations and warranties, including, for example, warranties of
merchantability, fitness for a particular purpose, and non-infringement.
In addition, we do not represent or warrant that the information
accessible via our site is accurate, complete or current.
In no
event shall Librarywala™ ., its shareholders, directors, officers, or
employees be liable (jointly or severally) to you for any special,
incidental, indirect or consequential damages of any kind, or any
damages whatsoever resulting from loss of use, data or profits, whether
or not advised of the possibility of damage, and on any theory of
liability, arising out of or in connection with the use or performance
of the Librarywala™ Website, its contents or our service. If any
applicable authority holds any portion of this section to be
unenforceable, then liability will be limited to the fullest possible
extent permitted by applicable law.
Trad
emarksAll content
included on the Librarywala™ Website and delivered to subscribers as
part of the service, including book(s), text, graphics, logos, designs,
photographs, button icons, images, audio/video clips, digital downloads,
data compilations, and software, is the property of Dharya Information
Pvt. Ltd., 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 Dharya Information Pvt. Ltd., and
protected by the Indian and international copyright laws. Content shall
not be reproduced or used without express written permission from Dharya
Information Pvt Ltd., or its suppliers. You agree not to decompile,
reverse engineer or disassemble any software or other products or
processes accessible through the Librarywala™ Website, not to insert any
code or product or manipulate the content of the Librarywala™ Website
in any way that affects the user's experience, and not to use any data
mining, data gathering or extraction method. Librarywala™ reserves the
right to terminate your membership hereunder if Librarywala™, in its
sole and absolute discretion, believes that you are in violation of this
paragraph, 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. Librarywala™ does not promote, foster or condone
the photocopying of book(s) or any other infringing activity. The use of
book(s) rented to you by us is solely for your personal and
non-commercial use. Please see the instructions at the end of these
Terms of Use for notifying us of the presence of any allegedly
infringing content on the Librarywala™ Website.
Entertainment and Website ContentLibrarywala™
is a trademark of Dharya Information Pvt. Ltd. The Librarywala™ logo,
Librarywala.com, is trademarks or service marks of Dharya Information
Pvt. Ltd. The Librarywala™ Website, including but not limited to its
graphics, logos, page headers, button icons, scripts and service names
constitute trade dress of Dharya Information Pvt. Ltd. The trademarks,
service marks and trade dress of Librarywala™ may not be used or
reproduced without prior written approval from Dharya Information Pvt.
Ltd. and may not be used in connection with any product or service that
is not affiliated with Librarywala™, in any manner that is likely to
cause confusion among customers, in any manner that dilutes the rights
of Librarywala™, or in any manner that disparages or discredits
Librarywala™. Other trademarks that appear on the Librarywala™ Website
are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Librarywala™. Any images
of persons or personalities contained on the Librarywala™ Website are
not an indication or endorsement of Librarywala™ or any particular
product or our service unless otherwise indicated.
Use of Information submittedDharya
Information Pvt. Ltd., is free to use any comments, information, ideas,
concepts, reviews, or techniques or any other material contained in any
communication you may send to Librarywala™ ("Content"), including,
without limitation, responses to questionnaires or through postings to
the Librarywala™ 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 Librarywala™ 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. Please
note Librarywala™ 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 to materials or ideas transmitted
to Librarywala™. Should you send any unsolicited materials or ideas, you
do so with the understanding no additional consideration of any sort
will be provided to you, and you are waiving any claim against
Librarywala™ 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.
Service TestingFrom 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.
Electronic Communications
By
using the Librarywala™ service, you consent to receiving electronic
communications from Librarywala™. 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 Librarywala™ and you receive them as part of the
Librarywala™ 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
Your conduct on the Librarywala™ website & Limitation of UseBy
accessing the Librarywala™ 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
Librarywala™ Website. You also agree not to interfere with the servers
or networks connected to the Librarywala™ Website or to violate any of
the procedures, policies or regulations of networks connected to the
Librarywala™ Website, the terms of which are incorporated herein. You
also agree not to impersonate any other person while using the
Librarywala™ Website, conduct yourself in a vulgar or offensive manner
while using our service, or use the Librarywala™ Website for any
unlawful purpose
LinksSome of the hyperlinks and banners on
the Librarywala™ Website may lead to other Websites that are not
controlled by, or affiliated with, Dharya Information Pvt. Ltd. In
addition, other Websites may link to the Librarywala™ Website.
Librarywala™ has not reviewed these Websites and is not responsible for
the content or privacy policies of these Websites
Claims of Copyright InfringementIt
is the policy of Librarywala™ to respect the intellectual property
rights of others. Librarywala™ does not promote, foster or condone the
photocopying of book(s) 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 Librarywala™
Website, or know of someone who is making unauthorized use of the
content of the Librarywala™ Website, please notify us of your concern by
submitting a written notice to us at the following address:
Dharya
Information Pvt. Ltd, Unit no A-162, Antophill warehousing complex,
Vidyalankar College Road, Wadala(E) , Mumbai – 400 037
Your notice must be signed and contain the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material on the Librarywala™ Website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or
the law
6. A statement that the above information is accurate, and
under penalty of perjury, that you are, or are authorized to act on
behalf of, the owner of the copyright that is allegedly infringed.