Terms and Conditions
- Guiding principles of using the Mybiblio.life platform
- These terms and conditions (“The Terms”) are legally binding between you (“The User”, “the Lender”, “the Borrower”,”you”) and Mybiblio.life (“Mybiblio.life”, “us”, “we”) relating to the provision of our service to you.
- Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, “terms”) carefully before using the https://Mybiblio.life website (“the Site”) and the Mybiblio.life mobile application (the “Mybiblio.life Service”, “the Service”, “our service”) operated by Mybiblio.life (“Mybiblio.life,” “us”, “we”).
- Your access and use of the Mybiblio.life Service is conditional upon your acceptance and compliance with these terms which apply to all users, visitors and others who access or use the Mybiblio.life Service.
- Accessing or using the Site and the Mybiblio.life Service means you agree to be bound by these terms. If you disagree with the terms then you may not access the Service.
- Mybiblio.life (“Mybiblio.life”,”the Mybiblio.life Service “, “the Service “, “our service”, “us”, “we”) is an online platform based in Mumbai India.
- When you register, open an account with us and use our service or access our site in any manner, you are the user or the Lender or the Borrower (“the User(s)”, “the Lender(s)”, “the Borrower(s)”, “you”) as the case may be and you agree to accept and to be bound by the Terms.
Terms and Our Service Platform
- Mybiblio.life is providing an online platform (“the Mybiblio.life Service”,”the Service”, “our service”), where Lenders and Borrowers lend or borrow certain articles, things or items to or from each other, (Books)
- We only act as intermediary for you in rental transactions (“the Transactions”) when we provide our Mybiblio.life service. Any agreement concluded between the parties for rental of any items is between the both parties.
- Mybiblio.life is not liable for the Users, Lenders or Borrowers conduct whatever and so we exclude all liability.
- You as the User, Lender or Borrower as the case may be, fully accept that Mybiblio.life can by written notice cancel any posted listing any request to rent or any transaction undertaken by any party, if in our opinion such posting, request or transaction breach these terms.
Lender and Borrower
- As Lender, you enter a separate contract with a Borrower when you lend an item to a Borrower. You then have your lender obligations and these terms to comply with.
- You acknowledge that you and the Borrower act independently and your contract with the Borrower is strictly and solely between the two parties. You further agree that we are in no way liable for any loss or damage suffered by you due to any act or omission by the Borrower.
- You agree to comply with your lender obligations and compensate the Borrower for any breach on your part. You must ensure item offered matches the description of the listed item. You agree that Mybiblio.life is not liable for any of your breaches of your obligations to the Borrower and your breaches of these Terms.
- As Borrower, you enter a separate contract with a Lender when you borrow an item from a Lender. You then have your borrower obligations and these terms to comply with.
- You acknowledge that you and the Lender act independently and your contract with the Lender is strictly and solely between the two parties. You further agree that we are in no way liable for any loss or damage suffered by you due to any act or omission by the Lender.
- You agree to comply with your borrower obligations and compensate the Lender for any breach on your part. You undertake to pay for lost or damaged borrowed item. You agree that Mybiblio.life is not liable for your breaches of your obligations to the Lender and your breaches of these Terms.
- When you lend an item, you represent and warrant that you have read and accepted the Terms, provided true and full personal details and identification, given a true and accurate description of your item or items and the estimated value of the item with supporting images and have funds to pay the Commission, have funds to pay the Cancellation Charge in case of a cancellation attracting the charge and will not avoid paying such sums stated. If a Borrower disagrees with the estimated value as you defined it, you agree that Mybiblio.life will step in to determine the value.
- The following items are prohibited from lending on our online platform and without limitation: items considered illicit; statutorily regulated items; pornographic materials, drugs, intoxicating substances; items violating intellectual property rights or violating personal rights; items and materials considered against public interests or legally prohibited things. In any case we reserve the right to remove any item from Mybiblio.life Service for any reason whatsoever that we think are not in accordance with our values.
- You can leave a review of your lending experience on our online platform review pages. Reviews cannot be made in foul, racist or threatening language or contain threatening or abusive content. We will not permit reviews to be manipulated and generally we reserve the right to remove reviews or any communication from users, Lenders or Borrowers that in our opinion contravene the Terms.
- When you borrow an item, you represent and warrant that you have read and accepted the Terms; accepted the description of item, and have funds to pay rental on the item, accept liability and have funds for the estimated value (defined by the Lender) of the item in case of loss or damage and will not avoid paying the rental. If a Borrower disagrees with the estimated value as defined by the Lender, Mybiblio.life will step in to determine the value.
- You as Borrower agree to return the item to the Lender on or before 12pm noon on the scheduled return day (“the Return Date”).
- To extend the borrowing, you can submit to us a request to extend the period for the Lender to approve and accept. You agree that failure to extend the rental period will make you liable to charges for returns after the Return Date.
- When you rent an item through us you are acknowledging renting the item at the estimated value and you are liable to pay the full estimated value in the case of loss and damage. You also agree that we can deduct a sum up to the estimated value from your account for any loss and damage to the item.
- You can leave a review of your borrowing experience on our online platform information review pages. Reviews cannot be made in foul, racist or threatening language or contain threatening or abusive content. We will not permit reviews to be manipulated and generally we reserve the right to remove reviews or any communication from users, Lenders or Borrowers that in our opinion contravene the Terms.
Using Mybiblio.life Service
- Mybiblio.life can add or remove any of our featured service and will give notice to you of any significant changes. If changes affect you, you can stop using Mybiblio.life Service at any time.
- To use Mybiblio.life Service you agree without being limited to the following not to : breach lender obligations when lending; breach borrower obligations when borrowing; breach the Terms; post any indecent or inappropriate material; spread rumors ; use deception of any kind; infringe copyright or intellectual property rights; intentionally spread harmful software programs; commit piracy of works; harm or damage or infringe Mybiblio.life copyright, trademark, patent or intellectual property rights in any manner whatever.
- If you breach these Terms and Mybiblio.life is sued you agree to indemnify Mybiblio.life for any cost, loss or damage that we may suffer.
- You must keep your account secure as all activities under your account are your responsibility.
Limited license to use
- You are granted a non-transferable, non-exclusive and a revocable limited license to download install and use the application strictly in accordance with the Terms.
- Mybiblio.life owns the intellectual property rights and you accept that using our service gives you no copyright or any intellectual property rights in Mybiblio.life or the Mybiblio.life Service.
- You agree not to carry out any conduct or act that is considered infringements or damaging to our intellectual property rights in relation to our site, webpages, application or, of Mybiblio.life Service. You are permitted the limited license for personal use.
Content on Mybiblio.life
- Any content (“the Content”) submitted or posted to Mybiblio.life Service is your sole responsibility. You agree not to infringe any third party rights in the Content. If you breach these Terms, and we suffer losses, you agree to compensate us for any losses suffered.
- The Content is not monitored by us and if the Content breaches the terms, you agree that it will be removed. You also bear the liability for any deceptive or misleading content that you upload.
- You agree to waive authorship rights to the lawful content that you upload and, you also grant us, a transferable right to copyright and intellectual property rights to the Content fully.
- Third parties content may be added and you agree not to infringe or exploit these contrary to the third party’s rights.
- If you notice any content or posting is inappropriate or is not complying with the Terms, contact us.
- We have the right to prevent any posting, remove any or all content or require you to remove content that is/are without limitation considered threatening, abusive, offensive or in breach of the Terms without any notice when in our opinion or sole discretion the posting or content cannot be permitted due to breaches of the Terms.
Rental and Commissions
- As a Borrower, whenever there is a rental transaction, (“the Transaction”) of an item between the Lender and the Borrower made through Mybiblio.life, you agree to pay a fifteen percent (15%) commission of the Rental as commission (“the Commission”) to Mybiblio.life.
- The Rental is the daily rent rate for an item multiplied by the number of days that the Lender has agreed to lend or rent the item to the Borrower.
- We will take and deduct our commission i.e. the Commission from the Rental and remit “the Balance Rental” (Rental less Commission) to your account 24 hours after the scheduled start of the rental transaction.
- We use RAZORPAY for processing of payment services and by using Mybiblio.life Service you are additionally bound by their Terms of Service and RAZORPAY Terms and Conditions. You acknowledge that you are to give us true and accurate information for payment processing and you authorize us to share that information related to the use of the service or otherwise.
- Any taxes (if any) incurred when using the Mybiblio.life Service is your sole responsibility.
- Mybiblio.life commissions, charges and fees are payable in Indian rupees. If there are any changes we will issue a notice on our site or email to you.
- As a Lender, you may at any time cancel a rental listing without any charge before accepting a Borrower’s request to borrow or within 6 hours after accepting a request to borrow.
- However if you cancel a rental listing after accepting and after the 6 hours, you agree to pay a cancellation charge of 30% of the Rental (“the Cancellation Charge’).
- Mybiblio.life reserves the right and discretion to cancel any listing or rental, if in our opinion without being limited, that there are improper purposes, motives, ill intentions or harmful objectives undertaken in the listing or rental.
- As a Lender, you must give a true and accurate description of the book for rental including flaws, if any.
Responsibility to pay
- You acknowledge and agree that whenever a rental transaction is initiated or made through our service, you are not to avoid in any manner the payment of the Commission. To be clear, even if you complete the rental transaction outside the Mybiblio.life Service, you will still be responsible and liable to pay the Commission to us or liable to compensate us Indian rupees 100.00 (one hundred) (Compensation) whichever is the higher sum.
- As a Borrower, the full Rental is charged to you when you request to borrow an item and the Lender accepts the request. The Rental is the daily rent rate for an item multiplied by the number of days that the Lender agreed to lend or rent an item to you.
- As a Borrower, you may at any time cancel your request to borrow an item without charge before the Lender accepts your request by notifying us within 3 hours of that request. Any prepaid amounts for that cancelled transaction will be refunded to you.
- However, if you cancel a request after the Lender accepted your request to borrow, the Rental is charged and you will not be entitled for any refund.
- As a Borrower, you represent you will be able to pay the Rental and have funds to pay for lost or damaged items. Mybiblio.life may require a deposit from you of up to the estimated value (defined by the Lender) of the rental item borrowed and you agree we can deduct the estimated value from your account in the case of damage to the item or failure to return the item by the Return Date.
Return Date and charge
- You agree that if an item is returned after the Return Date (date and time agreed to return an item), up to two times the rental for each additional day over the Return Date will be charged and you consent to such amount being deducted from your account.
- Both parties (you) will keep to the Return Date and agree to Mybiblio.life estimation of item value in case of any dispute between the parties.
- If there is any sum or debt owing to us by you and in case we use any agent or professional to collect those debts, you further agree that their service charges and costs will be added to the debts.
- Your liability for your negligence remains and is not limited by these terms.
- Our liability for our negligence remains and is not limited by these terms. However, we shall not be liable for your transactions with any party which you are solely liable for on the Mybiblio.life service or any related matter or for acts or omissions of any third party using our service.
- To be clear, we are not liable for and without limitation: your breaches to another party; your economic loss; any pornographic unlawful improper, infringing, unlawful user content posted; force majeure; events beyond our control and acts of god.
- The total liability limit agreed for any loss and damage when proven, relating to your use of our service is Indian Rupees 1, 00,000.00 (one lakh).
- You agree that while we endeavour to give uninterrupted service on Mybiblio.life, we nevertheless cannot guarantee such continuous uninterrupted service. On our service availability we do not warrant and as such we expressly disclaim any warranties with respect to any fitness for a particular purpose or merchantable quality.
- At any time you can stop using our service by asking us to terminate your account. You also acknowledge that we can in the event you breach the Terms terminate by written notice your use of Mybiblio.life Service.
- In the case of disputes between users of our service, you agree that you and the other user will attempt to resolve the dispute. If you, the Borrower or Lender cannot resolve the dispute, Mybiblio.life will try to mediate between parties referencing rights in the Terms to resolve matters of compensation for loss and damage as expressed in the Terms. You agree to indemnify us from and against all claims demands costs and loss and our costs arising out of and in connection with these disputes.
- If you have a dispute with Mybiblio.life, we would like you to contact us and try to resolve the dispute. In case we cannot resolve, parties can consider alternative dispute resolution through a mediator or arbitrator. If you wish to file a civil proceeding, it has to be filed in India.
- The Terms set out the rights and obligations of the user on the Mybiblio.life online platform. You agree that the jurisdiction and applicable law is India and the laws of India. The relevant App Store rules where our application was downloaded by you also applies.
- When you send Notices to us, you must send by electronic mail (except on content) to Support@Mybiblio.life
- Our notices to you may be by registered mail or email. Notices by email are deemed received the next work day and notices by registered mails are deemed received 3 days after posting.
Links To Other Web Sites
- Our service may contain links to third-party services or web sites not controlled or owned by Mybiblio.life. Mybiblio.life assumes no responsibility for and have no control over, the practices, policies or content or management of any third party web sites or services. You agree that Mybiblio.life shall not be liable, for any loss or damage caused or alleged to be caused in connection with reliance or use of any such content services or goods from any such web sites or services.
- We reserve the sole right, to replace or modify these Terms at any time. If a revision is significant we will notify you either by email or by placing a notice on our website.
If you have any questions about these Terms, please contact us at Support@Mybiblio.life
Last updated: October 18, 2020
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