Terms & Conditions
Please read these Terms & Conditions (Terms) before using BookGuru’s service. They are the rules and requirements that apply to the service. Do not purchase a subscription, register for an account, or use the service if you are not in agreement with these terms.
- 1. You and Your Account
In these Terms, you refers to adult users of the service and purchaser of membership. An adult is a person of legal age who can enter into a contract in the country in which the adult user and the child user reside. By purchasing a subscription to, registering for, or using the service, you represent and warrant that you are an adult and that you will be responsible for ensuring that any child or student authorized by you to use and access the service does so in accordance with these Terms.
We will provide you with a unique ID to represent your account within the BookGuru service. If you register and subscribe, you agree to: (a) provide accurate and current information as prompted by the registration form; (b) maintain and update such information so that it is accurate and current at all times; (c) not share your password or unique ID or let anyone else access your account other than in those situations permitted under these Terms, or do anything else that might jeopardize the security of your account; (d) not use a username with the intent to impersonate another person or in a manner that infringes another person’s rights; (e) not use a username that is obscene or vulgar; and (f) immediately notify us of any unauthorized use of your password or any other breach of security related to the BookGuru service. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR BOOKGURU ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.
If we learn that an ineligible user has registered for BookGuru services, we may seek confirmation of the user’s status or deactivate the account without notice to the ineligible user.
- 2. Access
We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, subscription for the duration of your membership plan to access and use the BookGuru service solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the BookGuru service. You membership will automatically terminate if you violate these Terms. No right, title or interest is transferred to you. You cannot re-lend or copy books borrowed from BookGuru at any time. Doing so will entail automatic cancellation of membership.
- 3. Membership Plans, Payment Terms, Renewals, Cancellations, Refund & Deposits
By subscribing to a specific membership plan of BookGuru services, the user is explicitly agreeing to pay, in advance, the reading fee attached to the membership plan plus and any other applicable fee or tax at the frequency specified by the membership plan.
You must either use a credit card or other payment mechanism accepted by us such to activate and maintain a paid account. You authorize us to charge you through the pay mechanism that you use when registering for an account and/or purchasing additional services. You will also be responsible for charges (including applicable taxes) for any products or services that you order that are offered for sale through the BookGuru service. If we do not receive payment from your pay mechanism, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the pay mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the pay mechanism in full or in lesser instalments of the initially incurred charge for the duration of the account subscription you selected and for up to an additional 90 days. You will not be charged more than the amount for which you purchased your account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider.
For existing subscribers, subscription renewal fees will be changed once your current membership plan has lapsed. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
To cancel any subscription and avoid future billing, please contact us at email@example.com. Please know that we endeavour to have customer requests handled within 24 to 48 hours; however, we cannot guarantee that your cancellation will be registered within that time period. You will continue to have access to your account for the period of time that has already been prepaid. After you cancel your account, we will not charge you any subscription fees after the expiration of your then-current subscription. Please note that we do not provide full or partial refunds for prepaid sums. In any event, you will be able to continue to use the BookGuru services throughout the remainder of the subscription period for which you have already paid.
For members who subscribe to plans with a refundable deposit, any premature closure of membership will result the deposit being refunded at the end of the original subscription period (i.e. per membership plan). Under extreme situations caused by non-compliance to the Terms by you, BookGuru reserves the right to terminate a membership for any or no reason without any refund.
Upon expiry of membership, BookGuru sends reminders for membership renewal. If there is no satisfactory response within 1 month, BookGuru reserves the right to classify the account as ‘Dormant’ and 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 will be retained as “Unclaimed” refundable deposit for a period of 2 months and periodic reminders would be sent to the user to claim the same. After 3 months of expiry of membership, BookGuru reserves the right to treat the user as “not reachable” and take appropriate action on the unclaimed refundable deposit if there has been no response from the user on the reminder communications.
- 4. Definition of a Book
Each title catalogued in BookGuru gets the same treatment irrespective of size, cost & target reader.
- 5. Reading Period
BookGuru’s membership plans stipulate a reading period (i.e. a cycle) with a restriction on the number of books that a user (child) can hold in a cycle. Books held for additional cycles are recounted towards the total number of books allotted (per the membership plan). The subscription to the BookGuru services ends when the total number of books or the total duration of the membership plan elapses (i.e. whichever comes first).
- 6. Lost or Damaged Books
At BookGuru, we take utmost care to maintain books in good condition. Any anomaly (unprinted pages) of damage if found should be reported on the day the book(s) are delivered to you. Failure to check and/or report the same will be constituted as if you have received the book(s) in good condition. When returning the book(s), we will check for any damage of book(s) and report to you accordingly. The determination of a book being “damaged” will be at the sole discretion of BookGuru. For damaged or lost books you are liable to pay the penalty amount of Rs. 450 per book.
- 7. Ownership; Restrictions On Use
All right, title, and interest in and to the BookGuru service site and service are and will remain the exclusive property of BookGuru and its licensors. The content on the BookGuru service, including without limitation, books, text, software, graphics, photos, sounds, music, videos, user (adult and child) submissions, interactive features and the BookGuru word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through the BookGuru service that constitute trademarks, trade names, service marks or logos are owned by or licensed to BookGuru. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the BookGuru service or any portion of the BookGuru service, including, without limitation, content, trademarks and logos, except as authorized by these Terms or as otherwise authorized in writing by BookGuru or BookGuru’s applicable licensors. The BookGuru service is provided for your personal use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any content.
- 8. Content You Submit
We may allow the posting, recording, submission, or distribution of work, audio, or other content created by users (adult or child) on or through the BookGuru services. All rights to user content (adult or child) including all intellectual property rights shall remain the exclusive property of the users (adult or child). By posting, recording, submitting, or distributing user (adult or child) content on or through the BookGuru service, you grant us a unlimited, exclusive, worldwide, royalty-free, license to use, copy, distribute, display, transmit, edit, sublicense and transferable license under all intellectual property rights to use. All rights to use user (adult or child) content you send to us related to the publication of any testimonials along with your name and other information you submit in connection with such testimonial.
We may provide functionality that enables you to post, upload, submit or otherwise make available text (included but not limited to quizzes, quiz responses, reviews, rating, creative writing), images, audio, video, presentations, competition entries or other content to the BookGuru service. Access to such functionality may be restricted to users above a certain age. You understand that such user submissions (adult or child) may be accessible by the public and we do not guarantee any confidentiality for such user submissions.
You may not submit User Submissions that are (i) defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, in each case whether or not such content is protected by law, or (ii) otherwise contrary to applicable local, national, and international laws and regulations.
You may not submit User Submissions that contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally authorized to submit such content and grant us the licenses described above. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the user (adult or child) submissions and that the user (adult or child) submissions conform to the terms described in the Terms. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the user (adult or child) submissions against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You understand and agree that you will be solely responsible for your user (adult or child) submission and the consequences of submitting and making available such user (adult or child) submissions to the BookGuru service.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review user (adult or child) submissions submitted to the BookGuru Service, at any time and for any reason, including to confirm that the user (adult or child) submissions are consistent with these terms, without prior notice to you.
We do not endorse or guarantee the opinions, recommendations, or advice contained in any user (adult or child) submissions and we expressly disclaim any and all liability in connection with such content.
- 9. Your Conduct
We would like to keep the BookGuru service as safe as possible for our users but need your help to do so. Accordingly, you agree not to use the BookGuru service to: (i) violate any local, state, national, or international law or regulation; (ii) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (iii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iv) knowingly transmit any material that contains adware, malware, spyware, 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; (v) breach or circumvent any security or authentication measures (including geo-restriction measures); (vi) attempt to decompile or reverse engineer any software contained on the BookGuru service; (vii) remove any copyright, trademark, or other proprietary notations from any content or user submissions of other users (child or adult); (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (x) interfere with or disrupt the BookGuru service or networks connected to the BookGuru service, or disobey any requirements, procedures, policies, or regulations of networks connected to the BookGuru service; or (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the BookGuru service in a manner that sends more request messages to the BookGuru service servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.
- 10. Services and Content Use Restrictions
You agree that you will not do any of the following:
- Engage in any activities including, without limitation, the uploading, posting, emailing, or transmitting of user content, that (A) attempt to or do harm to us, the BookGuru service, or any others; (B) are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us in our sole discretion; (C) violate any right of any third party including, without limitation, the uploading, posting, emailing, or transmitting of user content that violates another person’s intellectual property right, right of privacy, right of publicity, trade secret right, or other proprietary right;
- reverse engineer, disassemble, or modify any source, object code, or any software or other products, services, or processes accessible through the BookGuru service; install any software, file, or code on the BookGuru services that is not authorized by BookGuru; or attempt to do any of these things;
- engage in any activity that interferes with a user’s access to the BookGuru service or the proper operation of the BookGuru service;
- access or collect information from the BookGuru service using automated means (such as through scripts, robots, scrapers, or spiders);
- use any meta tags or other “hidden text” utilizing any of our Trademarks;
- interfere with or circumvent any security feature of the BookGuru service or any feature that restricts or enforces limitations on the use of or access to the BookGuru service or its content;
- use the BookGuru service for commercial or political purposes;
- disclose, harvest, or otherwise collect information, including email addresses or other private information about any third party, including child users, without that party’s or for child users, their parent or legal guardian’s express consent; or
- otherwise violate these Terms, or any Additional Terms, or solicit, encourage, or facilitate anyone else to do so.
- 11. Linking to and from BookGuru Service
A. Linking to or Framing the BookGuru service. When linking to the BookGuru service, you must adhere to the following requirements: (i) the link to the BookGuru services must not damage, disparage, present false information about, or tarnish the goodwill associated with any of our Trademarks, products, services and/or intellectual property; (ii) the link to the BookGuru services must not create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated with, or associated with the BookGuru service; (iii) no one may “frame” the BookGuru service or create a browser environment around any of the Content; and (iv) you may not link to the BookGuru service from a website that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory; or that we otherwise deem inappropriate in BookGuru’s sole discretion. We reserve the right to prohibit linking to the BookGuru service for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
B. Links to Other services and third parties. Any interactions, transactions, and other dealings that you have with any third parties found through the BookGuru service (including those that are linked to from the BookGuru service) are solely between you and the third party (including issues related to payments, delivery of goods, and warranties), and we disclaim all liability in connection therewith.
C. Devices. If you access the BookGuru service using an Apple iOS or Android-powered device, then Apple Inc. or Google, Inc., respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the BookGuru service. You agree that your access to the BookGuru service using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
- 12. Disclaimer of Representations and Warranties
You expressly agree that your access to and use of the BookGuru service is at your sole risk. The BookGuru service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, BookGuru and its affiliates expressly disclaim all warranties of any kind, whether express or implied, with respect to the BookGuru service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). We make no warranties or representations about the accuracy or completeness of content available on or through the BookGuru service or the content of any websites linked to the BookGuru service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the BookGuru service or the content on the BookGuru service; (iii) any unauthorized access to or use of our secure servers and/ or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the BookGuru service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the BookGuru service by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through the BookGuru service.
- 13. Limitations of Liability
You understand that to the extent permitted under applicable law, in no event will BookGuru or its officers, employees, directors, shareholders, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, personal injury or death, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your (or anyone using your accounts) use of the BookGuru service.
Additionally, under no circumstances will BookGuru or its officers, employees, directors, shareholders, subsidiaries, affiliates, agents, or licensors be responsible or liable for any loss or damages of any kind related to the following:
- BookGuru services (including the content and the user content);
- your use of or inability to use the BookGuru service, or the performance of the BookGuru service;
- the failure of a child user to learn or otherwise benefit educationally from their use of the BookGuru service;
- any action taken in connection with an investigation by law enforcement authorities regarding your access to or use of the BookGuru services;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the BookGuru services’ technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure, or any other technical or other malfunction.
- The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if BookGuru was advised of or should have known of the possibility of such losses or damages regardless of whether you bring an action of contract, negligence, strict liability, or tort.
- 14. Indemnification
You agree to indemnify, defend, and hold harmless BookGuru, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your user submissions (adult and child), feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the BookGuru service; (b) your (or anyone using your account’s) use of the BookGuru service; (c) your (or anyone using your account’s) violation of these Terms; or (d) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. BookGuru reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BookGuru in asserting any available defences.
- 15. Communication
Information provided by a user, while signing up to BookGuru services may be used to send regular communications about service related, third party source or any other relevant information. BookGuru uses the information collected from you to provide you with access to our services and services from our affiliates and to monitor your use of such services.
- 16. Modifications
We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting. Your continued use of the BookGuru service constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using the BookGuru service.