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 enrolment 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.
Your use of the BookGuru service is subject to all applicable technical
and non- technical specifications, guidelines and policies which we may
update from time to time including but not limited to the Privacy Policy
located at
www.bookguruonline.com/privacy</a >
you agree and undertake to comply with the policies.</span >
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. Your 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.</span >
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
info@bookguruonline.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 in 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 treatments irrespective of
size, cost & target reader.
5. 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
like 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, tradenames, 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.
6. 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.
- 7. 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
BookGrur 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.
8. 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.
9. 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
or 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.
- 10. 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. </span > - 11. 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
account’s) 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.
- 12. 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. - 13. 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.
- 14. 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.
