TERMS AND CONDITIONS
1.1 Acceptance of Terms and Conditions
Welcome to http://www.mylibrary.britishcouncil.org/ (this "Website"). This Website is owned and operated by British Council Division, British Deputy High Commission, Mumbai. References to "we", "us" or "our" are references to mylibrary. We are The United Kingdom’s International Organisation for Cultural Relations and Educational Opportunities.
A Registered Charity: 209131 (England And Wales) SC037733 (Scotland) and our address for correspondence is: British Council Division, British Deputy High Commission, 901, 9th Floor, Tower 1, One Indiabulls Centre, 841, Senapati Bapat Marg Elphinstone Road (West),
1.2 Changes to Terms and Conditions
We reserve the right, from time to time without any notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of our products or services will be the version that is current and displayed on this Website as at each date you access this Website or use and/or purchase our products or services (as applicable). Your use of this Website or your use and/or purchase of mylibrary’s products or services after changes are made means that you agree to be bound by such changes. The most current version of these Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" located at the bottom of the pages of the Website. The most current version of the Terms and Conditions will supersede all previous versions. Your use of the Website or continued use of our service after changes are made means that you agree to be bound by such changes.
Membership and Billing
You can find the specific details regarding your subscription with mylibrary including your next billing date, at any time by clicking on the relevant section of the website.
2. JOINING US - MINIMUM CRITERIA
2.1 To join or to become a Member of mylibrary or receive to purchase any of our products or services, as a minimum:
i) You must be at least 18 years of age. Persons under the age of 18 are not permitted to join mylibrary.
ii) You must agree to provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and along with and subscription fees and you agree to and update us (through the "My account" section of this Website) if at any time your personal details change by updating the relevant sections of the website. Please ensure this is done before you move place of residence, as you will be liable for any books and/ or DVDs couriered wrong address.
iii) If you change address, you must update your address details in the relevant section of the website to ensure that no books /DVDs are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any books /DVDs couriered wrong address.
iv) You must be residing in Mumbai, where delivery is possible in accordance with Paragraph 5 of these Terms and Conditions.
2.2 We may refuse any application to become a mylibrary Member or receive to use or purchase any of our products or services for any reason whatsoever. Please note that by supplying your telephone number on joining with us you grant us a permission to contact you by phone regarding your account and any special offers or promotions that we may offer you from time to time.
2.3 You represent and warrant that all or any information by you including details mentioned in the application form will be true and correct and not misleading. In no event, the British Council shall be liable to you or any third party in respect of validation or confirmation of information provided by you.
3. MEMBERSHIP OF AND SUBSCRIPTION TO mylibrary
3.1 Provided that you meet the Minimum Criteria (see clause 2 (Joining Us - Minimum Criteria) above), you may register as a mylibrary registered user of this Website member as per plan chosen by you (a "Member"). To become a Member you need to go to the “register” section of this Website, then submit your email address to mylibrary and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Upon becoming a Member, the Member may get access to choose books and/ or DVDs from the list on the Website for borrowing.
3.2 Some of the content provided on this Website may not be suitable for anyone under 18 years of age. Access to such content is disabled by default and not accessible to non-registered users Members. We allow Members to configure filtered access to such content, but also advise parents or guardians to supervise their children's use of this Website.
3.3 As a mylibrary Website Member you will receive access to certain sections, features and functions of the mylibrary this Website that are not available to non-members.
3.4 After you have become a Member of mylibrary, you may also subscribe to use and/or purchase mylibrary's products and services although you will not be entitled to obtain chargeable mylibrary services unless you agree to the applicable conditions. Please note that there are additional terms and conditions prior to registering that apply to your use and/or purchase of such products and services.
3.5 mylibrary products and services include:
i) The Library Service (the additional terms and conditions for this service are set out in clauses 5, 7, 8, 9)
3.6 Any terms and conditions, additional usage rules or similar on this Website relating to any product or service that you use and/or purchase from us are deemed to be incorporated into these Terms and Conditions.
3.7 We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of our products and services. If you do not agree to the change, you may cancel your membership or subscription by writing an email to that effect to our customer care service center at mailto:email@example.com or letter addressed to customer care service of mylibrary and sent to our customer care service address. Please note that online cancellation is not available in this Website as on date.
3.8 Membership Plan:
You have the discretion to opt for any of the membership plan as described in Membership Plans page. The validity of each such plan is mentioned against each plan and will be due for renewal once the validity is over. In the event you want to change the plan, then you must contact our customer care service center and request for change of membership for further processing of the same. The British Council will have the sole and absolute discretion on whether to allow change of plan during the continuation of old plan. 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.
4. LIBRARY SERVICE
As a subscriber to mylibrary, you agree that we are permitted to charge subscription fees and any other charges including applicable taxes that you may incur in connection with your use of mylibrary. The subscription charges for the mylibrary library Service will be on the first day you subscribe to the mylibrary Library Service. This charge will continue on each renewal date thereafter unless and until you cancel, and regardless of how much you use the service. All fees and charges are non-refundable. We do not provide refunds for cancellations part-way through the billing period. You agree not to hold us responsible for banking charges incurred due to payments on your account.
4.2 Library Service Books and /or DVDs Restrictions
Provided you continue to be a paying subscriber of our service, you may keep the book(s)/ DVDs delivered to you as long as you like. All of our Library Service plans allow you to have a maximum number of books /DVDs out borrowed any one time. The maximum number of books and/ or DVDs that you may hold is dependent on the plan selected by you. Once you have received that maximum number of books /DVDs, you will not receive any further books /DVDs until we have processed books and/or DVDs that you have returned.
In addition, some of our Library Service packages only allow you to borrow a certain number of books / DVDs in any one month. Once you have received that maximum number of books and/ or DVDs in a given month, we will not send you any further books and/ or DVDs.
4.4 Freeze Account
You may from time to time use the ability to take a freeze your account for a limited period. If and when this feature is available, you will be able to find out more through the "My rental Queue" section of this Website. In this period of freezing of membership no bills will be raised on the Member. Also pausing of membership will be allowed only if there are no outstanding dues and no books and/ or DVDs in the member's possession. Freeze will be allowed for the maximum period of [30 days]. After expiry of the Freeze Period the service will be automatically activated.
5. DELIVERY AND RETURN OF BOOKS AND DISCS; LOST BOOKS AND DISCS
5.1 Books / DVDs can only be delivered to addresses within Octroi limits of Mumbai (Please refer to Service area list available on HELP page); this excludes PO Box addresses. Our delivery service will deliver / pick up discs between 10 am and 6 pm. We may not process returns or deliveries on any day other than Business Day. For the purposes of these Terms and Conditions, Business Day shall mean any day other than Saturdays, Sundays or public holidays in Mumbai or days there is a disruption of services due to reasons including riots, bomb blasts, natural calamity, etc.
5.2 We currently use Gati Limited to deliver and return the books and DVDs you have selected. Actual delivery times may vary depending on various factors including but not limited to the following:
i) our stock availability;
ii) your delivery address;
iii) when you make your selection;
iv) circumstances impacting delivery by the Gati Limited;
(v) the timing of your placement or adjustment of books in your queue;
(vi) membership plan.
We reserve the right to use alternative delivery methods without prior notification. 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 and Conditions but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms and Conditions frequently to determine if there have been any changes made.
5.3 Although we allow you to prioritize the order in which you would like to view Books and/or DVDs, we cannot guarantee that such requests are met. We will endeavour to ship your next Books/ and/or DVDs within two Business Days of receiving your previous Books and/ or DVDs back into our Distribution Centre in good condition. 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.
5.4 You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery of Books /DVDs.
5.5 You must wait a minimum of four Business Days before reporting a Books /DVD’s as not received or lost on the way back to us. It is your responsibility to then report all lost Books and/ or DVDs online. We are unable to offer a refund for any Books and/ or DVDs which are paid for by you and then found at a later date. Failure to comply with these processes, as amended from time to time, will result in a charge being made for the lost Books / DVDs.
5.6 We reserve the right to cancel your membership subscription if it becomes apparent that, in our sole opinion, the courier service in your area is too unreliable. Further, if the courier services has arrived at your door steps for more than one time for pick-up or delivery and such pick-up / delivery has not taken place, no pick-up/ delivery will be made to you and you will have to contact our customer care service. In such instances, we reserve the right to any additional charges, which amount shall be decided by the British Council at its sole discretion and you agree to pay the same without any protest.
5.7 We cannot be held responsible for items belonging to you or those belonging to a third party, which are sent to us in error. Where possible, we are not obligated but we will try to return these items. At any point in time, we are unable to compensate you for the loss of such items and we shall have no liability therefore.
5.8 You accept full responsibility for Books and/ or DVDs which are stolen whilst in your possession, and you will have to pay the full replacement costs. 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.
5.9 You will be required to return the books within 7 days following any cancellation of the service or be subject to charge for unreturned book(s).
6. USE AND CARE FOR BOOKS AND DVDs
6.1 You agree that you will not infringe any rights, including intellectual property rights, of any person, including, without limitation, copying, reproducing, screening, republishing or otherwise modifying any material provided as part of the any Library Service, including the Books and/ or DVDs. You must use the Books and/ or DVDs you borrow strictly for personal, private use and not for any direct or indirect commercial purpose. You must comply with the terms of any copyright notice displayed on any Books and/ or DVD’s or in its contents. You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any mylibrary Books and/ or DVDs in any way at any time.
6.2 You agree that you will be responsible for any reading and/or viewing of any Books and/ or DVDs supplied by us to you and that any minor's viewing of any Books /DVDs will be restricted by you consistent with any applicable classification applied to that Book/DVD
6.3 You agree to treat the Books and/or DVDs and their associated packaging with the utmost care at all times. You agree that we may charge you if it is returned in an unreasonable condition (reasonable wear and tear accepted). In this event, we will give you advance notice before charging you. 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 and/ or DVD being damaged, we will email you, and intimate you about the same. The determination of a book being “damaged” will be at the sole and absolute discretion of mylibrary. Accordingly, we will charge you for the same. The charges would be as follows: (i) in case of damage or loss of rare collection of books and/ or DVDs replacement to us of said damaged book/ DVD; (ii) in case of other books and/ or DVDs either replacement to us of said damaged book/ DVD or payment of the market value of the book/ DVD of such damaged or lost books and/ or DVDs. The categorization of books and/ or DVDs shall be the decision of British Council and the market price of the lost/ damaged book/ DVDs will be determined by us (which shall be final and binding on you) and intimated to you.
7. CANCELLATION BY YOU AND TERMINATION BY US
7.1 As noted above, you may cancel your subscription to mylibrary's service at any time. Cancellation requests must be completed by our receiving of your email or letter to our customer care service requesting for cancellation. Upon our receiving of your request for cancellation, no further Books and /or DVDs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We do not provide refunds or credits for any pending subscription periods or unread book(s).
7.2 Please note that it is the customer's responsibility to ensure that all books and/ or DVDs are returned, and all books and/ or DVDs must be returned to us before the cancellation will be confirmed. All references to "return" or "returned" in these Terms and Conditions mean that we must have received the Books and/ or DVDs in question. All Books DVDs must be returned before the next billing date following cancellation to avoid any further charges. Once all Books /DVDs have been returned, the cancellation will take effect immediately
7.4 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice. In this event we would give you seven days to return our Books and/or DVDs and failure to return these Books /DVDs would incur charges. In no event shall British Council, its trustees, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Website, its contents or our service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
8. mylibrary BOOKS AND DVDS REMAIN BRITISH COUNCIL PROPERTY
All Books and DVDs remain our property at all times. 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.
9. PROHIBITED USE OF THIS WEBSITE
9.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to this Website.
9.2 You agree not to impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose. In order to help us provide you with an easy-to-use service.
10. MATERIAL ON THIS WEBSITE
All materials (including software and content whether downloaded or not) contained on this Website are owned by British Council Division (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of content that you may purchase from this Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms and Conditions, without our prior written permission.
You acknowledge and agree that certain content on this Website and on Books and/ or DVDs provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.
10.2 Trade marks
mylibrary, the mylibrary logo and all other mylibrary product or service marks are trade marks of British Council Division, Deputy British High Commission, India. All other trade marks, logos, images, product and company names displayed or referred to on this Website are the property of their respective owners. Nothing on this Website grants you any license or right to use, alter or remove such material.
11. USER MATERIAL
11.1 This Website lets you and/ or other third parties to submit material to us: for example, you can review BOOKS / DVDs, post reviews concerning the Website distributed by us. In these Terms and Conditions, we use the term "User Material" to refer to any material of any kind that you and / or any third parties submit to us, including responses to questionnaires, any opinions, advice, statements, services, comments, offers, or other information, text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a Member or when you subsequently change that information.
11.2 This clause 11 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these Terms and Conditions, then you should not do so.
11.3 We do not systematically review User Material submitted by users of this Website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. Any User Material are those of the respective authors and not of British Council, or its trustees, directors, officers, or employees. Under no circumstances shall British Council, or its trustees, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Website.
11.4 We reserve the right, in our sole and absolute discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this Website, particularly where User Material breaches this clause 11 (User Material) of these Terms and Conditions and we may do this without giving you any prior notice and without any 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 Website or other websites..
11.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to mylibrary an irrevocable, perpetual, non-exclusive, royalty-free, sub-licensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including this Website) in present and future.
11.6 We may link User Material or parts of User Material to other material, including material submitted by other users of this Website or created by mylibrary and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on this Website or to promote, market or advertise mylibrary. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
11.7 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract;
(b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate;
(c) your User Material does not advertise any product or service or solicit any business;
(d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and
(e) in submitting your User Material you are not impersonating any other person.
13. Promotion Codes
Any promotion code or offer provided on this Website cannot be used in conjunction with any other promotion code or offer, past or present.
14. Indemnity by you
You agree to indemnify and hold the British Council Division, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 11 (User Material) or any violation by you of any applicable laws or the rights of any third party.
15. Disclaimer of Warranties and Limitations on Liability
15.1 Nothing in this clause 15 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit mylibrary's liability for:
i) fraud; or
ii) death or personal injury caused by its negligence; or
iii) liability to the extent the same may not be excluded or limited as a matter of law.
15.2 This Website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of this Website or its content. We assume no liability or responsibility for any errors or omissions in the content of this Website, any failures, delays, or interruptions in the shipment of books and/or DVDs, delivery or downloading or accessing of Content at our sole discretion. Subject to clause 15.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
15.3 In no event shall we, our Management, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of such damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this clause 15.3 to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
15.4 Our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of this Website, or any website content or your use of our products and services shall not exceed in aggregate the greater of Re 1/- and/or the total amount paid by you to us in respect of mylibrary's products and services in the month preceding any such claim.
15.5 Some of the hyperlinks and banners on the Website may lead to other websites that are not controlled by, or affiliated with, British Council. In addition, other websites may link to the Website. Mylibrary has not reviewed these websites and is not responsible for the content or privacy policies of these websites.
16. Applicable Law
This website is controlled by British Council Division, India. Your use of this Website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of India. Disputes arising from or in connection with your use of this website and your use and/or purchase of our products or services we provide are subject to the jurisdiction of the Mumbai courts.
17. Assignment/Transfer By Us
You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other third party.
18. Assignment/Transfer by You
mylibrary memberships, subscriptions and your other rights and/or obligations under these Terms and Conditions are personal to you and therefore not transferable, sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms and Conditions.You may not allow anyone else to use your password or membership. You are responsible for keeping your password secret. mylibrary 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.
19. No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
20. Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of this Website or any of our products or services, or for any failure or delay by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
21. Third Party Rights
Subject to Terms and Conditions, which you hereby acknowledge and agree shall be directly enforceable by third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Indian Contract Act 1872.
In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in these Terms and Conditions in any way without your consent or the consent of any third party.
22. Entire Agreement
In these Terms and Conditions, unless the context requires otherwise:
i) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and
ii) References to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
24. Contact Details
All correspondence to mylibrary, including any queries you may have regarding your use of the Website, your use and/or purchase of mylibrary's products and services or these Terms and Conditions, should be sent to the address set out in clause 1.