TERMS AND CONDITIONS
For Bangalore customers, the Terms and Conditions are separately written later in this document. The following is for the rest:
Please read these "Terms and Conditions" carefully as they constitue an ongoing contract between you and MultiStory Learning Pvt Ltd and it's franchisee partners - M/s Jiff Services in Coimbatore and M/s ikitaab web in Delhi/NCR (hereinafter referred to as 'MSL'). MSL owns The ilovereadin Library and allows you to join this library and rent books from it. https://www.iloveread.in (henceforth referred to as the "ILR") and its associated services are brought to you by MSL.
Registering on ILR by filling and submitting the registration form will allow you to access ILR as a "website user". As website user, you may browse our catalogue and explore the website functionalities. However, you may not rent books from ILR or "ask for a delivery". Some website functions may not be accessible to you. By purchasing any of the subscription plans you may become a "member". As a member, you may rent books from MSL according to your subscription plan.
MSL reserves the right to, with or without notice, change these terms and conditions in its sole and absolute discretion. The most current version of these terms and conditions supersedes all previous versions and can be viewed by clicking the "terms and conditions" link located at the bottom of ILR.
Membership, charges, discounts, cancellation and expiry
1. Membership: Memberships to ILR are on monthly / quarterly / half yearly / yearly basis. As a website user, you can become a member by purchasing a subscription plan of your choice based on the duration you wish to be a member. As an existing member, you might purchase a subscription plan for the period after which your existing subscription will expire.
2. Subscription charges: The price of every subscription plan has 3 components - a registration fee, a deposit and a flat fee. The registration fee and flat fee are non-refundable components, whereas, the deposit can be claimed back by you on cancellation of membership or on expiry of subscription. Your subscription period will start from the day of purchase OR the date of expiry of your existing subscription, whichever is applicable.
3. Discounts / promotional offers: MSL may offer discounts / promotional offers. As part of this MSL may or may not charge the full amount of the registration fee or the deposit. MSL may also choose to offer a "discount" on any of the fees.
4. Cancellation of membership: As a member, you are entitled to cancel your membership if you may wish to. In order to cancel, you have to write an email saying that you wish to cancel your membership. On cancellation, you are liable to return the books in your possession within 7 days. Failure to do so will entitle MSL to charge you for the book at the rate of MRP + 50% handling charges. On cancellation MSL is liable to pay you the deposit that you had paid while subscribing (if any). MSL is not liable to pay you back the registration fee or the subscription fee that you paid for unused months. However, if business permits, and as a measure of goodwill, MSL may choose to refund you for unused membership on a pro rata basis.
5. Expiry of membership: The expiry date of your current subscription is clearly mentioned on the account page. If your subscription plan expires, then you cease to be a member and will be only a website user. In such an event, and if you wish not to renew your subscription, then MSL is liable to pay you back the deposit paid by you while purchasing the subscription plan.
Borrowals
6. Borrowals: As a member, you may borrow books from MSL. In order to do so, you have to login into ILR and add books to your queue. When you wish to borrow books, you have to click on "ask for delivery".
7. Your queue: Your queue represents your wishlist of books. You can add as many books as your want to your queue and we recommend that you keep your queue full at all times. You can also change the order of books in your queue to indicate priority.
8. Ask for delivery: When you click on "ask for delivery", MSL will dispatch N available books from your queue to you, where N depends on your plan. Typically N is 2. The choice of which two books to dispatch will remain solely with MSL. All efforts will be made such that the 2 chosen books are highest in priority in your queue. However MSL doesn"t guarantee this. "Ask for delivery" button will be disabled if the number of books in your queue is less than X, where X is the minimum number of books required in your queue. Typically X is 6. Suppose no book in your queue is available, MSP will communicate the same to you and request you to add / change books in your queue.
Delivery
9. Condition of delivery: The said books will be delivered to you at the address you have specified in the member profile as per the delivery schedule. Upon delivery, MSL will collect books already in your possession from you. In the event that you are unable to return books already in your possession, then MSL may refuse the delivery.
10. Delivery time: MSL may choose to deliver books to you through its employees or via an outsourced logistics partner. In either case, MSL assures delivery within 5 days.
11. Completion of delivery: Upon completion of delivery, the delivered books will be removed from your queue.
Damages and losses
12. Damages: In the event of damages to a book, MSL will investigate the cause of the damage. If the damage is due to negligence / mishandling on your part, then you are liable to pay a fine to MSL. This fine for the damage of the book will be according to the estimated losses, but in no situation will the fine exceed the MRP of the book + 50% handling charges.
13. Losses: In the event of loss of a book, you are liable to pay a fine to MSL. This fine for the loss of the book will be according to the estimated losses, but in no situation will the fine exceed the MRP of the book + 50% handling charges.
14. Failure to pay fine: Suppose you fail to pay the fine to MSL billed to you for damages or losses, then your membership will be cancelled. In such an event, MSL is not liable to pay you back any part of your subscription fee including your deposit.
Unforeseen events and other liabilities
15. Unforeseen events: MSL takes extraordinary care of its books while in its warehouse or in transit and expects you to take care of it while in your possession. However, there might be instances where this is not possible, for e.g. in a storm, or in a fire, or other acts of God. Such cases, if proven worthy, will be dealt with in a case to case basis and MSL will not hold you liable for the return of the book. At the same time, unforeseen events might render MSL unable to service you. In such cases, namely, theft, strike, riots, fire, earthquake, storm or heavy rains, floods, tsunami or other acts of God, MSL is not liable to fulfill the normal terms of this contract.
16. Other liabilities: MSL is not responsible for injury or other damage of the physical, financial or any other kind that you or your family, friends or acquaintances incur in contact with or as a result of books. MSL does't actively censer content and is not liable for any mental hurt caused due to ILR or books.
Website information
17. Website content: MSL takes book cover and information from third party sources like publishers, distributors and other online sources for ILR. MSL takes no guarantee of the accuracy of such content. For e.g., you might receive a book cover that is different from what is shown on ILR.
18. Information submitted by user: MSL is free to use any comments, informations, ideas, conpets, etc present in any communication that you send to MSL / post on ILR. However, it will not share such information with any third party without your written consent.
MSL and supplier intellectual property
Copyright : All contents included on ILR and delivered to you as part of MSL services, including the books themselves, are the property of MSL and its suppliers, or its advertisers, and are protected by Indian and international copyright laws. The compilation of the content on this website is the exclusive property of MSL, and protected by Indian and international copyright laws.
Content shall not be reproduced or used without express written permission from MSL, or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through ILR, not to insert any code or product or manipulate the content of ILR in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. MSL reserves the right to terminate your membership hereunder if MSL, 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. MSL 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 ILR.
Trademarks: "iloveread.in", the iloveread.in logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of ILR and belong to MSL. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Your use of LR and/or services of MSL and indemnification MSL
Limitations on Use
ILR and its content are for your personal, non-commercial use. MSL grants you a limited license to access and utilize ILR for that purpose only. You may not download, copy, distribute, transmit, display, perform, publish, license, create derivative works from, or offer for sale any ILR content without its express written consent.
MSL's trademarks, service marks and trade dress may not be used in any way without prior written approval from MSL.
You agree to use ILR and any associated service in accordance with all applicable laws, rules and regulations.
MSL reserves the right to immediately terminate your limited license to utilize its website as a result of any unauthorized or illegal use, the contents of its website, and/or any associated service should MSL become aware of that unauthorized or illegal use. This right to terminate includes, but is not limited to, MSL's right to terminate your subscription if it determines subscriber abuse of MSL's policies and procedures.
Cooperation with Authorities and Courts
MSL will cooperate with legal authorities and private parties investigating claims of illegal activity. Such cooperation may include identification of you and other data relating to the use of the website. If such information is requested, you hereby authorize MSL to release any and all information, provided that it uses reasonable efforts to identify and provide you with notice of such request (if permitted by law).
International Use
Accessing materials, contents and services available on the website from territories where such materials, contents and services are illegal is prohibited. If you choose to access the website from such locations, you do so at your own risk, on your own initiative and shall be solely responsible for complying with applicable laws, rules and regulations.
Confidentiality
You are solely responsible for maintaining the confidentiality and security of your account information and your password. If you reveal your password or share your account with anyone, you take full responsibility for his/her actions.
Indemnification
You agree to indemnify and hold harmless MSL and its partners, managers, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these terms and conditions; and (b) your use of ILR and associated services including transmission or placement of information or material by you on this website. This provision shall survive the termination of your right to use this website and/or your status as an subscriber.
GENERAL PROVISIONS
Reliance on Information
ILR may include inaccuracies or typographical errors that may be corrected as they are discovered at the sole discretion of MSL.
Privacy
Any information submitted on ILR is subject to our Privacy Policy, the terms of which are incorporated herein at https://www.iloveread.in/PrivacyPolicy
Right to terminate
MSL reserves the right to terminate or restrict your use of its website or any services it provides, without notice, for abuse of any kind. What constitutes abuse will be under MSL's discretion. However, this does not mean that MSL has undertaken an obligation to supervise or police your activity on its website. Such termination will count as cancellation of subscription and revoking of status as website user.
Third Party Content
Through ILR and other material, MSL distributes content supplied by third parties. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including third party content providers, advertisers, merchants, sponsors, licensors, or any other user of ILR are those of the respective authors or distributors and not of MSL or its affiliates, or any of their respective partners, officers, directors, employees or agents. MSL does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. It is your sole responsibility to evaluate the information, opinion, advice, and/or any other content available through ILR and other material provided by MSL.
Electronic Communications
You consent to receive electronic communications from ILR. You agree that any communication, notice, agreement, or disclosure that we send to you electronically satisfies any legal communication requirements, including that such communications be in writing.
Links to Other websites
ILR may contain hyperlinks or banner advertisements that navigate a user to other websites not controlled by, or affiliated with, MSL. In addition, other websites may link to ILR. MSL has not reviewed these websites and is not responsible in any way for these websites, or any of their content.
Robot Exclusion
ILR contains robot exclusion files, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of ILR. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
No Waiver
A waiver of any term or condition of, or consent granted under, these terms and conditions shall be effective only if given in writing and signed by MSL. Such waiver shall only be effective in the instance, and for the purpose for which it is given.
Choice of Law
These terms and conditions are governed by and shall be construed in accordance with Chennai jurisdiction & law, without regard to conflicts of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in Chennai for the resolution of any disputes arising from these terms and conditions, use of ILR, purchase of membership subscriptions or MSL products, and/or use of MSL services.
Miscellaneous
If any term contained herein is determined to be unlawful, void or unenforceable for any reason, that term will be deemed severable from the whole, and will not affect the validity and enforceability of any remaining provisions, or the agreement as a whole. These terms and conditions and MSL's privacy policy (incorporated herein) constitute the entire agreement among or between the parties relating to this subject matter.
NOTICES
Copyright Infringement
MSL respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on ILR, please notify us by sending or submitting notice of the claimed infringement to:
MultiStory Learning Pvt Ltd,
2nd Floor, no 9, 4th Street,
Venkateswara Nagar, Adyar,
Chennai 600020
Ph: 044 - 24451092 / +91 9940668512
email: contact@iloveread.in
The notice must be in writing and must contain the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has 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.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FOR FURTHER INFORMATION REGARDING THESE TERMS OF USE OR MSL'S SERVICES PLEASE CONTACT:
MultiStory Learning Pvt Ltd,
2nd Floor, no 9, 4th Street,
Venkateswara Nagar, Adyar,
Chennai 600020
Ph: 044 - 24451092 / +91 9940668512
email: contact@iloveread.in
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS WEBSITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND/OR SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. MSL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, OR SUCH SOFTWARE, PRODUCTS AND/OR SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS WEBSITE, ITS CONTENTS OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE. IN ADDITION, MSL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL MSL, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE PARTNERS, PROPRIETER, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION, QUALIFICATIONS AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT MSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you in subscription fees or INR 2000, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
PRIVACY POLICY
MSL takes privacy policy very seriously and is committed to protecting the privacy of its members. ILR and its associated services are brought to you by MSL. Any information submitted by the members of ILR falls under the protection of this privacy policy. The privacy policy given here explains the type of information which is gathered by MSL. It also explains how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct the information.
Your information
During the registration process, MSL solicits basic information from you. This information will include (but not limited to): full name and email id. At the time of purchase of an ILR subscription plan, MSL further solicits information like your address, phone number, mobile number and date of birth. In other places, MSL may also ask for demographic information and opinions. At other points of interaction MSL may ask for information as part of surveys or opinion polls or other data gathering processes. This is used to make our service better for you.
MSL will not share this data with third parties without your written consent. However, MSL may use aggregated information from this data for marketing purposes and may also share such aggregated summarized information with third parties.
Tracking Information
MSL will collect and store the following non-personally-identifying information from you: the name of the domain name from which you access the Internet, the date and time you access our site, the Internet address of the Website from which you linked directly to our site, the name of the browser you are using, your screen resolution, and other such non-personal information. Such information helps us to tailor make products suitable for you. MSL may also store your interaction with ILR (which includes all the searches you have made on the website) and with ILRservice (which includes part borrowal and payment history).
As you browse ILR, cookies are placed on your computer's hard drive. Third parties may serve some of these cookies. These cookies give us data which helps us make the website better for you. Automatically logged information is also used to analyze trends and to administer the site.
Disclosure
MSL does not use or disclose information about your individual visits to ILR or your personal information as described above, to any third parties.
MSL occasionally uses other companies, agents or contractors to perform services necessary to our operations, for example, MSL may outsource delivery to a logistics partner. In the course of providing such services, these companies may have contact with your personally identifying information. We will not be liable for any damages that may result from the misuse of your personal information by these companies. From time to time, we may partner with companies whose products we believe will interest our members. In conjunction with these partners, we occasionally send promotional announcements to particular members. We do not automatically include our members in any particular marketing promotion; instead, we use a variety of factors, to determine the appropriate members. We may use a vendor to carry out these mailings. However, the partner company does not have access to your email address or any other individual information that could identify you or be used to contact you directly. MSL also reserves the right to disclose information when required by law. MSL also provides analysis of our members' data in the aggregate to prospective partners, advertisers and other third parties. MSL does this so that MSL, and our advertisers can understand and serve you better. MSL may also disclose, on an anonymous basis, literal statements made by ilovereadin members. At no time, however, will MSL disclose personal information about specific members. Members should check back for updates to this policy.
Security And Access
For purposes of receiving payment online, MSL outsources the payment gateway a third party. Please use the payment gateway at your own risk. MSL takes no liability of information theft at the payment gateway's end. However, MSL takes all effort to employ a reputed third party service provider.
In MSL, every employee has access only to information that is directly related to his/her work. Layers of access are built into our IT systems. Every employee is further instructed strictly to keep all customer information private and not reveal any information to anyone. All our computers and servers are secured by passwords. However, no data transmission over the internet can be guaranteed to be 100% secure. As a result, MSL cannot guarantee the security of any information you transmit to MSL via ILR.
MSL Privacy Policy Changes
On the event of a change to the privacy policy stated here, you will be notified immediately.
Contact
If you have any questions concerning our privacy policy you can contact us at:
MultiStory Learning Pvt Ltd,
2nd Floor, no 9, 4th Street,
Venkateswara Nagar, Adyar,
Chennai 600020
Ph: 044 - 24451092 / +91 9940668512
email: contact@iloveread.in
IMPORTANT:
TERMS AND CONDITIONS FOR BANGALORE CUSTOMERS
TERMS OF SERVICE
Welcome to the website of Hangout Library ("Site") to avail the products and services of Hangout Library (collectively the "Hangout Services") which is provided by Confidentliving Learning Private Limited ("We" or "Us" or "Our"). 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.
The use of this Site is governed by these Terms and Conditions ("Agreement"). When you ("You" or "Your") use this Site, you acknowledge that you have read this Agreement and accept to be bound legally by the terms hereof or such terms as may be modified from time to time. 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
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE HANGOUT SERVICES OR THE SITE.
We reserve the right at any time to change all or any part of this Agreement; change the Hangout Service, including by taking off any content on or feature of the Hangout Service; and change any fees or charges for use of the Hangout Service. Any changes we make will be effective immediately upon notice, which we may provide by any means including without limitation, posting on the site or by electronic mail. Your continued use of the service after such notice will be deemed acceptance of such changes. You are responsible for checking this agreement periodically for changes. Upon our request, you agree to sign a non-electronic version of this Agreement.
ABOUT THE HANGOUT SERVICES
Hangout Services include without limitation online book rental platform where you can browse for books, add books in your reading queue and borrow books for a fee (monthly or otherwise).
REGISTRATION
Utilization of Hangout Services available on our website requires registration. Each registration is for a single individual user only. In order to register, you will need an individual user name or Login ID ("Login ID") and a password. You agree to
1. provide true, accurate, current and complete data about yourself on the Site's registration form ("Registration Data");
2. promptly update the registration data to keep it true, accurate, current and complete. If you fail to do so, we will have the right to suspend or terminate your use of Hangout Service and/or terminate your account.
3. be solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not;
4. not have a Login ID that is vulgar, attempts to impersonate another person or violates the law or the rights of others. We may reject any Login ID that we determine in our discretion is unacceptable;
4. immediately notify us of any unauthorized use of Your password or account or any other breach of security;
You acknowledge and agree that access and use of password protected and/or secure areas of Hangout Service are restricted to users who have been given a valid password by our site. You agree not to access these areas of the Service without appropriate authorization and acknowledge that in the event you attempt to access/use such restricted areas of the Hangout Services, you may be subject to prosecution.
ACCESS TO SERVICE AND OBLIGATIONS
1.Online Membership- If You wish to subscribe to any Hangout Services offered on the site, we ask you to supply certain information applicable including without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any products or services our site are subject to change without notice and our current prices can be found on the site. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. We reserve the right to accept or reject your request to Hangout Services at our sole discretion. Your membership to Hangout Services is for personal use only. However, it can be transferred to any other individual’s name with prior permission from us at our sole discretion. No member may re-lend books borrowed from us at any time. Doing so will entail automatic cancellation of membership
2 Payments - By subscribing to a membership plan, you are explicitly agreeing to pay, in advance, the charges of that plan plus and any other applicable fee or tax at the frequency specified by the plan. Any non- compliance with the payment terms after one reminder will attract a penalty as specified from time to time and may lead to cancellation of membership.
3. Duration of borrowed books and charges- Provided you continue to be a paying subscriber of our service, you may keep the book(s) delivered to you without any late charge for 4 weeks, which can be further extended by another 2 weeks by mutual consent. Charges for delay beyond the due date is 5% of the current cost of book per day for delayed period.
We also reserve the right to recall the book from you including but not limited to circumstances where someone else has requested for the same book and is waiting for more than 5 days. You are obliged to then return the requested book within 3 days of such request. Failure to do so will attract penalty.
In the event you do not renew your subscription we reserve the right to adjust the deposit amount towards the due charges. If there is no balance in the deposit Amount, then we will terminate your membership. Charges paid in advance will not be refunded in any circumstance.
Further, you are required to return the books within 7 days following cancellation of the service on expiry of membership or otherwise or non-payment of renewal fees. In case of delay you will be charged 5% of current cost of book per day.
4. Reading Queue
Books that you want to read and select are placed into your reading queue. You can add books or adjust the queue at any time. You must have at least 10 books in your queue. We determine which books to send you based on the books in your reading queue, availability and the priority in which you have listed them. Our aim is to ship to you the books listed highest in your queue subject to availability. If the highest priority book is not available we may ship you books lower on your queue. In certain instances your queue adjustment will not be acted upon immediately- e.g. when we have processed the shipment before you placed the change request. The adjustments will, however, impact subsequent shipments.
5. Allocation, Delivery and Return of Borrowed 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. We also, in our sole and absolute discretion, determine the quantity of books we purchase and number of shipments per day. As a result, we may not always send you the top choices from your queue, and we may not ship you the books on the day of request. At present, our goal is to ship you the book listed highest in your queue in the earliest time possible but may not be workable always.
Other factors that may affect delivery times, include, but are not limited to, (i) the distance between our centre 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.
6. Billing
By using the Hangout service, you are expressly agreeing that we are permitted to bill you a subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Hangout service. Additional charges may include if you damage the book or fail to return the book, or if you fail to make a change in the billing plans which you request. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter unless and until you cancel your membership. 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.
7. Automatic Renewals
Your Hangout services subscription will be automatically renewed on expiry. 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 subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it.
8. Lost or Damaged Books
We send only good condition books to users of our Services. Any anomaly, if found, must be reported to the delivery executive. Failure to check and/or report the same will be constituted as your having received a book in good condition. Similarly at the time of pick-up, our delivery executive will check for any damage to the book and will intimate you accordingly.
The determination of a book being “damaged” will be at our sole discretion. Members can choose to replace a lost or damaged book within 10 days or pay the penalty amount determined by us. In the event of non payment of penalty we have a right to adjust the same against 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. In case of partial damage we may charge the member at our discretion but which shall not exceed the cost of book.
9. Membership closure & refund of deposit
We have kept a minimum membership duration of three months. If you wish to close the membership before three months, we will charge complete charge of three months and that will be adjusted against security deposit. The rest of the deposit, however will be refunded. For members who subscribe to plans without deposit there is no refund applicable at the time of closure. Non-compliance of terms of use will also result in membership termination and no refund shall be payable.
10. Unclaimed Refundable 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 your name as appears at the time of registration within fifteen 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.
Upon membership expiry, we send reminders for renewal and after 4 weeks of the expiry initiate steps to recover cost of books and any unpaid reading fee from the refundable deposit. Post this recovery, any excess deposit left in the account is retained as “Unclaimed” refundable deposit for a period of 3 months and periodic reminders will be sent to you to claim the same.
11. Temporary suspension of membership
We allow members to opt for temporary suspension of membership for a minimum duration of 15 days and a maximum duration of 3 months during one calendar year. During suspension you will not be able to avail the library services. Before opting for suspension you need to return all the books. You can avail temporary suspension by writing to us at care@myhangout.in. We may charge a nominal amount of Rs 50 per month during the suspension period.
Agreement bound you to use the Hangout Services for lawful purposes only. You may not submit any material, or otherwise engage in any conduct that:
1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts, is lascivious or appeals to prurient interest;
3. impersonates any person, business or entity, including us and Our employees and agents;
4. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
5. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
6. violates this Agreement, guidelines or any policy posted on the Site; or
7. interferes with the use of Hangout Services by others; and
8. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law.
You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.
NO RESALE OF HANGOUT SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Hangout Service (including Your Login ID), use of Hangout Service, or access to Hangout Service.
TERMINATION
In its sole and absolute discretion, with or without notice to you, me may (i) suspend or terminate your use of Hangout Service; or (2) terminate your account. You may terminate your account for any reason by emailing us prior to such termination. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Hangout Service.
COPYRIGHTS
We respect the intellectual property of others, and we ask you to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content/material, we may, in our sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, we do not ensure that any such content will be edited or removed. However we may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers.
PROPRIETARY RIGHTS
You acknowledge and agree that Hangout Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through Hangout Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Hangout Service.
You agree not to modify our software in any manner or form, or to use modified versions of our software, including (without limitation) for the purpose of obtaining unauthorized access to Hangout Service. You agree not to access Hangout Service by any means other than through the interface that is provided by us for use in accessing Hangout Service.
We own all right, title and interest in and to Hangout Service and all materials and content contained in Hangout Service, including, without limitation, all content, Site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of Hangout Service is strictly prohibited.
Any use of materials on the site, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of authorized authority at Hangout is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of authorized authority at Hangout.
DISCLAIMER OF WARRANTIES
We provide the services "AS IS", "with all faults" and "as available." We and Our suppliers make no express warranties or guarantees about Hangout Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT HANGOUT SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE MAKE NO WARRANTY THAT (i) HANGOUT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HANGOUT SERVICES WILL BE ACCURATE OR RELIABLE, AND (iii) THE QUALITY OF ANY HANGOUT SERVICES OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. We are not liable for the authenticity of such material. Without limiting the foregoing, under no circumstances shall We be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, war, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat ,light ,or air conditioning. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY. We make no representation that any material on Hangout Services is appropriate or available for use in any particular location and it is likely that it may be illegal to access such material from some jurisdictions. Those who choose to access Hangout Services do so entirely on their own initiative and at their own risk and are responsible for their own compliance with local laws, if and to the extent such local laws are applicable.
LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF OUR SITE. IN NO EVENT SHALL WE , OUR PARENT'S AND OUR SUPPLIERS' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF HANGOUT SERVICES EXCEED THE TOTAL AMOUNT OF HANGOUT SERVICE FEES THAT YOU PAID DURING SIX MONTH PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. NEITHER WILL WE NOR OUR PARENT OR OUR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF HANGOUT SERVICES OR INABILITY TO USE HANGOUT SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY (AND THE LIABILITY OF OUR PARENT AND SUPPLIERS) IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
FORCE MAJEURE
Any delays in or failure of performance by either party under this Agreement shall not constitute default hereunder if and to the extent caused by Force Majeure, which is defined to be occurrences beyond the control of the party effected, including but not limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection, sabotage and non-cooperation of third parties.
THIRD-PARTY WEB SITES
The third-party web sites linked to or from Hangout Service are not controlled by us. Accordingly, we make no warranties or conditions regarding such third-party web sites and will not be liable for any loss or damage caused by your use of or reliance on such web sites. Your use of third-party web sites is at your own risk. The inclusion on the Service of a link to a third-party web site does not imply an endorsement by us.
INDEMNITY
You agree to indemnify and hold Us and Our subsidiaries, affiliates, officers, agents, and employees, harmless from and against all losses, demands, claims, damages, expenses (including reasonable legal costs) and liabilities arising from any third party claim resulting from the use or misuse of Hangout Services or for harm suffered directly or indirectly by Us as a result of Your breach or non-compliance of obligations under this Agreement.
GENERAL TERMS
1. Changes to this Agreement. We may change the terms of this Agreement at any time. You can view the most current version of these terms by clicking on the "Terms of Use" hypertext link located at the bottom of our web pages. You shall be solely responsible for checking these terms periodically for changes. Your act of using Hangout Service after the changes take effect signifies your acceptance of the new terms. You must cancel Hangout Service if you do not want to agree to the revised terms.
2. Entire agreement- This Agreement and any policies posted on Our Site constitute the entire agreement between you and us regarding the subject matter of this Agreement and supersede all previous written or oral agreements.
3. Governing Law-All legal proceedings shall be subject to the jurisdiction of the courts in Bangalore, India and shall be governed by and construed in accordance with the laws of India and you agree to resolve the disputes under the Arbitration and Conciliation Act 1996. The venue for such arbitration shall be at Bangalore.
4. Invalidity; assignment- If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. We may assign this Agreement at any time; you may not assign this agreement to any one else without our express written permission.
5. Right of Survivorship and Non-Transferability. You agree that your account is non-transferable and any rights to your account or Contents within Your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all Contents therein permanently deleted.
6. Miscellaneous-The Agreement is being executed in English language and all modifications or changes shall be made in the same language.
7. Relationship. This Agreement does not constitute any joint venture, partnership, employment or agency relationship between you and us.
8. Waiver- It is expressly understood that if either party on any occasion fails to perform any term of this Agreement and the other party does not enforce that term, the failure to enforce on that occasion shall not prevent enforcement on any other occasion.
PRIVACY POLICY
Last updated: 16 June 2016
Hangout Library is strongly committed to protecting the privacy of its user community. This page informs you of our policies regarding the collection, use and disclosure of personal Information we receive from users of the Site. This Privacy Policy applies only to this Site, and not to the websites of other companies or businesses to which we provide links. If we decide to change this Privacy Policy, we will post those changes to this privacy statement in places we deem appropriate. This policy is to enable users to be aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
Information Collection and Use of information
Personal Information: In general, we only collect personal information voluntarily provided by you when you are: 1) registering at www.myhangout.in 2) subscribe to one of membership plans at Hangout Library, 3) making product or Hangout Service inquiries; and 4) contacting Hangout (including the Webmaster, customer service representatives, or other employees) by email.
We may collect personal information from you; including, but not limited to, your full name, current postal address, e-mail address, username, password, a picture of you, some preference information (such as favorite authors, genres, type of reader etc), whether or not you are already a member of our plans, telephone number, mobile number, fax number, company name, title, tax jurisdiction, credit card number, and credit card expiration date.
Non-personal information: As a part of the standard operation of our website, we may collect certain non-personal information from you including, but not limited to, your browser type, operating system, Internet service provider, IP address, and the domain name from which you accessed our site.
In addition, we may collect information about your browsing behavior, such as the date and time of your visit to the site, pages that you visit, the amount of time you spend at our site, number of times you return to our site, and other click-stream data. We process the information to examine trends for better experience to user, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use.
Use of Cookies
We use cookies to track which pages on our sites our visitors view and which web browsers our visitors use. It also enables us to provide features such as storing items in your order between visits. Cookies are small text files that are stored on the hard drive of the user's computer and are used for record-keeping purposes. Use of cookies makes web surfing easier by performing certain functions such as, (i) saving your passwords, (ii) saving your personal preferences regarding the usage of website and (iii) to make sure you don't see the same advertisements repeatedly. Our advertisers and partners may also use cookies. We do not control use of these cookies and disclaim responsibility for information collected through them.
Most web browsers automatically accept cookies but you can however choose to accept or refuse the cookies by changing the settings of your browser. You can reset your browser to refuse all cookies or allow your browser to show you when a cookie is being sent. If you choose not to accept these cookies, your experience at our site and other websites may be diminished and some features may not work as intended.
Use of Information
We may use the information collected from you for any of the following purposes: 1). to facilitate your use of our website and for better understanding of your needs; 2) to process and fulfill your orders for certain products and services; 3) to respond to your inquiries or requests 4).to send you information, promotional materials, consumer surveys and offers from us as well as from our subsidiaries and affiliates; 5)to contact visitors of our site when necessary; 6) for proper administering of our Site; 7) to conduct internal reviews of our site (e.g., to determine the number of visitors to a page within the site);8) to protect the integrity of our site.
Non-personal information will be used for these purposes as well to monitor our Site and provide a greater online experience for the visitors.
Disclosure of Information
We do not rent, sell, or share personal information about you with other people or non-affiliated organizations except to provide products or services you have requested. When we have your permission, or under the following circumstances, we may transfer or otherwise disclose information collected from you to the following entities for the following purposes: 1) to our employees, independent contractors, service providers, associates, subsidiaries, affiliates, consultants, business associates, and suppliers, if the disclosure will enable that entity to provide us with business, professional, or technical support; 2) to employees, contractors, service providers, and our suppliers to fulfill your product or service request;- e.g. we have partnered with other companies to personalize our web pages, process payment transactions, analyze customers' interaction with our site and process surveys. 3) to the trusted partners who work on behalf of or with us under confidentiality agreements. These may use personal information to help us communicate with you about offers from us and our marketing partners. However, these do not have any independent right to share this information; we partner with companies whose products we believe will interest our members 4) Others which is inclusive of, but is not limited to, the financial service providers (such as banks, insurance agents, and mortgage lenders) and non-financial companies (such as stores, retailers, airlines, and software companies); 5) when We determine that there has been a violation of this Agreement; and also to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law; 6) to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, as otherwise required by law.
We will not be liable for any damages that may result from the misuse of your personal information by these companies/businesses and organizations.
Confidentiality and Security
1. We limit access of personal information only on need basis to employees.
2. We have physical, electronic, and procedural safeguards that comply with legal regulations to protect personal information about you.
Third Party Website
Our Site may contain links to other third party websites which may or may not have privacy policies that differ from ours. We are not responsible for the activities and practices that take place on such websites. We strongly recommend that you review the privacy policy posted on any website that you may access through our site.
Merger/Acquisition
In the event we go through a transaction, such as a merger, being acquired by another company, or selling a portion of our assets, users' personal information will, in most instances, be part of the assets transferred.
Changes to this Privacy Policy
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Privacy Policy at any time. We recommend that you revisit this Privacy Policy periodically to ensure that you are aware of the current privacy practices. Your continued use of our services following any changes signifies your acceptance of these changes.
Your Account and Preferences
1. You can edit your account, including your preferences, at any time. These include your name, password, postal address, credit cards etc but you cannot edit your Email address once submitted.
2. New categories of marketing communications might be added to the preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive.
3. We reserve the right to send you certain communications relating to Hangout’s service, such as account details, invoice, service announcements, administrative messages, that are considered part of your account, without offering you the opportunity to opt out of receiving them.
Proprietary Rights
We own all right, title and interest in and to the service offered by us and all materials contained in the Hangout’s service, including, without limitation, our site designs, logos, button icons, images, digital downloads, data compilations, text, and graphics that are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the same is strictly prohibited.
Any use of materials on the site, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of authorized authority at Hangout is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of authorized authority at Hangout.
Hangout is the proprietary service mark of Confidentliving Learning P Ltd. Our service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
Third party contents may also be accessible via links, we do not claim any copyright on the contents appearing on such third party sites nor shall be held responsible for any mistakes which might appear therein.