Terms and Conditions

Acceptance of Terms of Use

These "Terms Of Use" govern your use of the BigBooks Service either through Website or Customer Care, hereinafter referred to as "Service". The Service is owned and operated by Big Books (hereinafter referred to as "BigBooks") and is offered to you (hereinafter referred to as "Member") as per your agreement with and acceptance of this document (hereinafter referred to as "Membership"). By clicking the box entitled "I Have Read and Accepted the Terms of Use" as part of the registration process, Members accept all items in the Terms & Conditions and agree to abide by and be legally bound by the Terms & Conditions. By browsing, visiting and using the BigBooks Website & using services, you accept and agree to abide by these Terms & Conditions. If you do not agree to these Terms & Conditions, you should not use the BigBooks Website/Service. These Terms & Conditions are an ongoing contract between you and BigBooks and apply to your use of the BigBooks service and Website. These Terms & Conditions affect your rights and hence, please read them carefully.

Changes to Terms of Use

BigBooks, reserves its right, from time to time, with or without notice to you, to change these Terms & Conditions in our sole and absolute discretion. The most current version of these Terms & Conditions can be reviewed by clicking on the "Terms & Conditions" located at home page of the BigBooks Website. The most current version of the Terms & Conditions will supersede all previous versions. Your use of the BigBooks Website or continued use of our service after changes are made means that you have agreed to be bound by such changes.

Privacy

Any information submitted on the BigBooks Website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.

Delivery and Return of Books & No Due Dates or Late Fees

Provided you continue to be a paying subscriber of our service, you may keep the book(s) delivered to you as long as you like. You will be required to return the books within 5 days following any cancellation of the service or be subject to charge for unreturned book(s). Also, you may be charged for book(s) that you lose or damage. In the event that the number of lost book(s) on your account becomes excessive, as we may determine in our sole and absolute discretion, we will notify you that your account has been placed on hold for review and may charge your Payment Method for the estimated cost of the lost book(s). We will alert you of any potential charges prior to charging your Payment Method.

Membership and Billing

You can find the specific details regarding your subscription with BigBooks at any time by clicking on the "Your Account" link, located at the top of the pages of the BigBooks Website or through our Customer Care. BigBooks offers various payment options- cash, credit card, & debit card, net banking etc. hereinafter called the Payment Method.

Billing

By using the BigBooks service, you are expressly agreeing that we are permitted to bill you subscription fee on recurring basis as per plan chosen, any applicable tax and any other charges you may incur in connection with your use of the BigBooks service. Additional charges may include charge related to books you fail to return in stipulated time, or a plan change you request. As used in these Terms & Conditions, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. You may inquire about your membership details any time by visiting our Website. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill you on the last day of such month. For example, if you became a paying member on January 31st, you would next be billed on February 28th. All fees and charges are non-refundable and there are no refunds or credits for partially used periods would be allowed. 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 either email or by posting changes on Website. You should update yourself for these changes by visiting our Website. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information on BigBooks Website. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorisation for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Change of Plan

You have the discretion to change your plan once in a calendar month by paying additional deposit/subscription, if applicable. Change of Plan would be effective from the date on which Member's request and money collected. Your new subscription cycle would commence from the date of your change of plan request processed.

Allocation, Delivery and Return of Rented Book(s)

We reserve the right to allocate and ship books among our subscribers in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of books we purchase for any particular title and the level of staffing and number of shipments to be processed at each distribution centre. As a result, we may not always send you the top choices from your queue, and we may not ship out your next book(s) on the same day that we receive one from you. At present, our goal is to ship you the book(s) listed highest in your queue. Often, on the same day that we receive a book(s) from you, we will ship the next available book(s) from your queue. In certain instances, your next available book(s) will not ship until at least one business day following our receipt of your returned book(s).

Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the distribution centre from which your book(s) was shipped and your delivery address, (ii) the timing of your placement or adjustment of books in your queue. We do not process returns or deliveries on National Holidays. We make no guarantee as to the shipping and delivery of book(s) and may in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been any changes made.

We will send you an email letting you know when we have received a returned book(s), and we will also send you another email letting you know when we have shipped your next book(s), including the anticipated time of delivery.

BigBooks reserves the right to request return of any and all book(s) in the possession of Members at any time. Members understand and agree to promptly return any book(s) to BigBooks upon request, and that failure to do so within five days of the request makes Members liable for the cost of those book(s) plus 50% of that cost as a handling charge, for which BigBooks reserves the right to charge the Member's refundable security deposit.

Damaged Books

All book(s) sent to you have been checked to be in a good condition prior to dispatch. Upon receipt of the book(s), you must ensure that the same is in good condition. Any anomaly, if found, must be reported to our courier executive. Failure to check and/or report the same will be constituted as your having received a book in good condition. At the time of pick-up, our courier executive will check for any damage to the book(s) and will intimate you accordingly. Upon receipt of the book(s), we will verify the same.

In the event of a book being damaged, we will email you, and intimate you about the same. The determination of a book being “damaged” will be at the sole discretion of BigBooks.

Cancellations

You may cancel your membership with BigBooks at anytime either online through our Call Centre or Website. We do not provide refunds or credits for any partial monthly membership periods. Before cancellation, you are required to return any outstanding books. Failure to return will be charged to you. BigBooks reserves the right to terminate your membership for any or no reason at its sole discretion.

Account Access

You are responsible for maintaining the confidentiality of your account, password & membership details and for restricting access to your computer.

Your relationship with BigBooks

Your relationship with the company is that of an independent customer. You are not an employee or agent of BigBooks. Neither you nor other members are authorized to make any statement or representations on behalf of BigBooks, its website. BigBooks will not be bound by, or be liable for any statement or representation made by you or by any member of the referral program.

If any conflict of interest exists over the specific conditional offers / benefits provided to you from time to time and these Terms and Conditions, the Terms and Conditions shall supersede such specific conditional offers or benefits.

Termination of membership

BigBooks may terminate your Membership without prior notice of your Material Breach of this agreement. "Material Breach" includes:

(a) Any violation of any of the provisions of this agreement (b) Acting unlawfully in relationship to BigBooks or the website. (c) If there is a breach of our Anti-Spam Policy. (d) For providing incomplete, false, bogus or otherwise incorrect information to us. (e) Creating duplicate or illegal Memberships.

Memberships are not transferable

Your membership, password and accrued reward points are personal to you and are not transferable. You may not allow anyone else to use your password, reward points or membership. You may not use anyone else's password or membership or act to accrue reward points for anyone else. You are responsible for keeping your password secret. BigBooks is not liable for any damage caused by any disclosure of your password. You may create a membership only for yourself; you should not establish Membership on behalf of anyone else.

Forums, discussions and user generated content

1. You shall not upload to, or distribute or otherwise publish any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. 2. (a) Be courteous. You agree that you will not threaten or verbally abuse other Members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam." 2. (b) Use respectful language. Like any community, the Reviews flourish only when our Members feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service. 3. All submitted reviews become property of BigBooks. 4. The Reviews shall be used only in a non-commercial manner. You shall not, without the express approval of BigBooks, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. 5. You are solely responsible for the content of your messages. However, while BigBooks does not and cannot review every message posted by you and is not responsible for the content of these messages, BigBooks reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. 6. You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: text, video, audio and photographs) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by BigBooks and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You grant BigBooks a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for BigBooks or any third party BigBooks designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to BigBooks or any other website owned by BigBooks, including any Submission posted on BigBooks through a third party. 7. By submitting a Review, you are consenting to its display on the site and for related online and offline promotional uses. 8. Any person involved in or affiliated with the production of a work reviewed on BigBooks may not submit a Review for that work or competing works.

Intellectual Property Copyright

All content included on the BigBooks Website and delivered to subscribers as part of the service, including books, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of BigBooks or its suppliers and is protected by the Indian and international copyright laws. The compilation of all content on this site is the exclusive property of BigBooks and protected by the Indian and international copyright laws. Content shall not be reproduced or used without express written permission from BigBooks or its suppliers. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the BigBooks Website, not to insert any code or product or manipulate the content of the BigBooks Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. BigBooks reserves the right to terminate your membership hereunder if BigBooks, in its sole and absolute discretion, believes that you are in violation, 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. BigBooks does not promote, foster or condone the copying of books or any other infringing activity. The use of books rented to you by us is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms & Conditions for notifying us of the presence of any allegedly infringing content on the BigBooks Website.

Entertainment and Website Content

We distribute books and we reserve the right to display and promote the information on our Website to you in any manner we choose in our sole and absolute discretion. In addition, the BigBooks Website allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the BigBooks Website are those of the respective authors and not of Big Books, or its shareholders, directors, officers, or employees. Under no circumstances shall Big Books, or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the BigBooks Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the BigBooks Website.

Use of Information submitted

BigBooks is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to BigBooks ("Content"), including, without limitation, responses to questionnaires or through postings to the BigBooks Website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the BigBooks Website or other Websites. Furthermore, by posting any Content on our site, submitting Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.

Please note BigBooks does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media materials or ideas transmitted to BigBooks. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against BigBooks and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the BigBooks service, you consent to receiving electronic communications from BigBooks. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with BigBooks and you receive them as part of the BigBooks subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Your conduct on the BigBooks website

By accessing the BigBooks Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the BigBooks Website. You also agree not to interfere with the servers or networks connected to the BigBooks Website or to violate any of the procedures, policies or regulations of networks connected to the BigBooks Website, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the BigBooks Website, conduct yourself in a vulgar or offensive manner while using our service, or use the BigBooks Website for any unlawful purpose.

Links

Some of the hyperlinks and banners on the BigBooks Website may lead to other Websites that are not controlled by, or affiliated with, BigBooks. In addition, other Websites may link to the BigBooks Website. BigBooks has not reviewed these Websites and is not responsible for the content or privacy policies of these Websites.

Claims of Copyright Infringement

It is the policy of BigBooks to respect the intellectual property rights of others. BigBooks does not promote, foster or condone the copying of books or any other infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the BigBooks Website, or know of someone who is making unauthorized use of the content of the BigBooks Website, please notify us of your concern by submitting a written notice to us at the following address:

Big Books 1601, Tower 1, Raheja Tipco Height, Rani Sati Marg, Malad- East, Mumbai, India, PIN – 400097 Attention: Mr. Rahul Maskara Your notice must be signed and contain the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material on the BigBooks Website that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
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