TERMS OF SERVICE AGREEMENT


LAST REVISION: 22-July-2018

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS OR SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, http://myonceuponatime.in (the "Website"), My Once Upon A Time("Business Name") offer of products or services for purchase on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. My Once Upon A Time reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. My Once Upon A Time will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. My Once Upon A Time encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with My Once Upon A Time for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. SERVICES

My Once Upon A Time is an exclusive children’s library and provides customers the opportunity to rent books online. Customers can browse through the online catalogue and "Add Hold" on all the books they would like to read. Upon receiving intimation from the customer, we will do a FREE home delivery of the available/in-stock books (depending on the number of books in the subscription plan) from the Current Holds queue. Books are always sent out based on their availability.The choice of the plan determines the number of books shipped, frequency of shipment & the rental charges.

Once the customer finishes reading the book, he/she is supposed to intimate the library and we will schedule a FREE pickup of the books. Upon receiving the books from the customer, the next set of books from the Hold Queue will be delivered. If by order of priority, a certain title is unavailable at the time of shipment, the next available title will be shipped.

Membership Policy:

To become a member, customer has to Register in the website. Subscription fees are non-refundable. A onetime refundable deposit is also collected to cover incidental loss or damage of the books. There is no late fee and you can keep the books as long as you wish while your membership is active.

Membership Plan Changes:

A subscriber may upgrade or downgrade the plans only after the current plan expires. If the customer is moving to a different location, please contact admin@myonceuponatime.in the library for a plan available in your area. If the new location is not served, your membership will be cancelled and cancellation policy will be applicable

Cancellation:

You can cancel your membership at any time. Please send us an email at admin@myonceuponatime.in and we will process your request and schedule a pickup. Refund will be processed after deducting the actual cost of damaged/lost books (if any) from the security deposit. You are liable to return the books within 7 business days.Failure to do so within Seven days makes the member liable for the cost of those books for which My Once Upon A Time reserves the right to charge the Member's refundable security deposit. If the cost of the books exceed the security deposit, the customer is liable to pay the balance amount to My Once Upon A Time .

There will be no refund of Membership and Registration Fees.

Billing Policy:

A subscriber is requested to Renew the membership before the plan expiry date. Please click on the Renew button and enter the registered email address to select your next membership plan

If you do not renew, your account will be ON HOLD. We will contact you to schedule a pick up of the books you currently have in hand. You can keep your account on hold for as long as you like. It is best to keep it on hold, if you are planning to Renew your membership and reactivate your account later

Instead of keeping the account ON-HOLD and if you choses to cancel the account , you will have to Register again by paying the security deposit and registration fee. If your account is ON HOLD, then you only need to pay the membership plan fee to restart your service.

All fees and charges related to the subscription plans are non-refundable and there are no refunds or credits for partially used periods. My Once Upon A Time library 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. Any changes to the membership fee will be applicable only from the next billing period. On cancellation of your membership, and in the event that there are no deductions towards loss of or damage to property, your security deposit will be refunded n whole.

Shipping Policy:

My Once Upon A Time manages its logistics in partnership with logistics provider(s). We will try our best to process your order the same day as you place the order (except Sundays and national/regional holidays). Books usually will be delivered within 1-5 working days of placing the order, but this largely depends on the logistics partner. We assume no liability or responsibility for any failures, delays, or interruptions in the shipment of book(s) by the logistics partners, but we make every effort to ensure the logistics partners deliver the books on time

The books shipped will be governed by the availability of the book in My Once Upon A Time inventory. For the locations where unlimited deliveries are offered, the books will be delivered based on delivery schedule for that location.

Hold Queue:

My Once Upon A Time will ship to you the books listed highest in your queue, however when availability is limited, we may ship you books lower on your queue. If you have re-ordered your queue, it may not immediately impact your next shipment provided your shipment was already processed. These re-ordering will, however, impact subsequent shipments.

Book Allocation:

My Once Upon A Time reserves the right to allocate and ship books among our subscribers in any manner that we deem fit, in our sole and absolute discretion. In addition, My Once Upon A Time 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. 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 pick up a book(s) from you, we will deliver 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).

Book Return:

My Once Upon A Time 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 My Once Upon A Time on request, and that failure to do so within seven days of the request makes Members liable for the cost of those book(s) for which My Once Upon A Time reserves the right to charge the Member's refundable security deposit. Customers are requested to inform My Once Upon A Time by SMS or Whatsapp (Numbers +91 735-807-4341 or +91 638-249-3117) when they are ready to return the books they have borrowed and accordingly schedule a pick up. This is a free service provided by My Once Upon A Time , however, in the event that at the scheduled time of delivery/ pick-up, the customer is unavailable, and another pick-up service has to be scheduled, the cost of the courier service will be charged to the customer.

Book Content:

My Once Upon A Time has put in effort to create a catalog of your favorite books and categorized them for ease of access. The cover images & book description are procured from third party/publishers and My Once Upon A Time takes no guarantee of the accuracy of such content. You might receive a book that has a cover different from what was shown online. This is because different publishers of the same book use different cover images. Best efforts have been taken to deliver the goods described on the site; the company takes no guarantee that the book will bear the exact cover produced on the site. The books are subject to availability and the presence of multiple copies of the same book from multiple publishers may result in a disparity between the cover shown on the site, and the book delivered. Despite this, the content of the book would be the same.

Referral Program:

As part of the My Once Upon A Time Referral Program, patrons can earn Library Credit every time a person they refer signs up with the library. The Library Credit earned will depend on the membership plan selected by the person they have referred. Library credit will be automatically applied at the time of renewal of the membership against the plan membership cost. Purchase amounts that exceed the value of the Library Credit will require an additional method of payment for the balance due. If there is any Balance Library Credit, it will be carried forward and can be used for the subsequent renewals. Your Library Credit will not expire as long as your membership is active. At the time of cancellation of membership, if there is balance in the Library Credits, it will be void and no cash refund will be issued.

Library Credit can only be used online at the website, http://myonceuponatime.in

Library Credit cannot be combined with other promotional offers. Library Credit can only be used on orders associated with your original account. This means, Library Credit cannot be transferred to another person or account. Library Credit may not be purchased. Library credit is earned only as part of the My Once Upon A Time Referral Program.

II. WEBSITE

You acknowledge that your use of the content on this website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. M My Once Upon A Time does not endorse the contents on any such third-party websites. My Once Upon A Time is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website; My Once Upon A Time is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not copy the material on the Website or books delivered to you (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from My Once Upon A Time or the applicable third party (if third party content is at issue).

By posting, storing, or transmitting any content on the Website, you hereby grant My Once Upon A Time a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. My Once Upon A Time does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. My Once Upon A Time is not liable for any damage or harm resulting from any posts by or interactions between users. My Once Upon A Time reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS AND SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS/SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. My Once Upon A Time EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS/ SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS/ SERVICES

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, My Once Upon A Time MAKES NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS/SERVICES OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IV. LIMITATION OF LIABILITY

My Once Upon A Time ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS/ SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS/ SERVICES PURCHASED VIA THE WEBSITE.

My Once Upon A Time WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS/SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS/ SERVICES; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS/SERVICES OR CONTENT; (3) ANY PRODUCTS/ SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless My Once Upon A Time , and any of its contractors, agents, employees, officers, proprietors, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products/Services or your use of the Products/Services (including Trial Products/Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to My Once Upon A Time. When My Once Upon A Time is threatened with suit or sued by a third party, My Once Upon A Time may seek written assurances from you concerning your promise to indemnify My Once Upon A Time ; your failure to provide such assurances may be considered by My Once Upon A Time to be a material breach of this Agreement. My Once Upon A Time will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of My Once Upon A Time choice at its expense. My Once Upon A Time will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend My Once Upon A Time against any claim, but you must receive My Once Upon A Time prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

VI. PRIVACY

My Once Upon A Time believes strongly in protecting user privacy and providing you with notice of M My Once Upon A Time 's use of data. Please refer to M My Once Upon A Time privacy policy, incorporated by reference herein that is posted on the Website.

VI. AGREEMENT TO BE BOUND

By using this Website or ordering Products/Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

VIII. GENERAL

My Once Upon A Time will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. My Once Upon A Time may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement. This Agreement comprises the entire agreement between you and My Once Upon A Time and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of My Once Upon A Time to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; These Terms of Use 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 of Use, use of the website , purchase of My Once Upon A Time products, and/or use of My Once Upon A Time’s services.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products/Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. My Once Upon A Time reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and My Once Upon A Time may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products or Services. If your access to the Website is terminated, My Once Upon A Time reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until My Once Upon A Time chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. My Once Upon A Time makes no representation that the Website or Products/Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment. You may not assign your rights and obligations under this Agreement to anyone. My Once Upon A Time may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.