Terms and Conditions for use of Open My Book
Welcome to the Open My Book mobile App and blog. The Open My Book brand and logo are authorized trademarks of “Bigger Why Mobility Solutions Private Limited”, headquartered in Bangalore, India. The terms “We” / “Us” / “Our”/”Company” individually and collectively refer to Bigger Why Mobility Solutions Private Limited and the terms “Visitor”/”User” refer to the users. We agree to provide you with book rental and book sharing services through this app, subject to the conditions of this agreement.
This page states the Terms and Conditions under which you (Visitor) may this mobile application (“App”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this app. The company reserves the rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this app.
Use of Content
All logos, brands, icons, labels, shapes or any combinations thereof, appearing in this app, except as otherwise noted, are properties either owned, or used under license, by the business and / or its associate entities who feature on this app. The use of these properties or any other content on this app, except as provided in these terms and conditions or in the app content is strictly prohibited. You may not sell or modify the content of this app or reproduce, display, distribute, or otherwise use the materials in any way for any public or commercial purpose without the written permission from the respective organization.
Acceptable use of Mobile Application
(A) Security Rules
Visitors are prohibited from violating or attempting to violate the security of the app, including, without limitation,
accessing data not intended for such user or logging into a server or account which the user is not authorised to access,
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,
attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Application, overloading, “flooding”, “mail bombing” or “crashing”, or
attempting to reverse engineer, decompile or access sensitive information such as software code, which are all proprietary to the company.
Violations of system or network security may result in civil or criminal liability. The business and its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. The company also reserves the right to decline its services to such individuals involved in acts of cheating or misconduct as the company may determine.
(B) General Rules
Visitors may not use the App in order to transmit, distribute, store or destroy material
that could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation,
in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or
that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
Communications with the Company
When you use Open My Book Services, to send e-mails, text messages, and other communications using your mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, and you can retain copies of these communications for your records. You agree to receive communications that we provide to you electronically from time to time to engage you with the Open My Book community. You may choose to opt out of such communication if you so desire.
Communication with other Users
The Open My Book app shall allow you to communicate with other users of the app using a chat interface. This is facility is made possible with the intention of allowing you to communicate with other users about the availability of a book which you have listed on your wish list. You agree that, while using the chat and making decisions to meet the other person personally, you shall refrain from making any sort of unwelcome advances to the other user which may constitute but not limited to-
1. Sexual harassment as defined by the applicable law
2. Threat to life or property, or any sort of violent behavior
3. Use of offensive language with the intention to degrade the other person’s respect
Or any sort of politically motivated hate messages which could potentially violate the applicable law.
Please note that if you are subjected to any sort of unwelcome behavior from other users, in the course of your business with us, neither the company, nor its directors, nor its affiliates shall be held responsible for the same. The Open My Book service is just a platform for you to contact other users. You are expected to take care of your own personal safety while communicating with other users using the chat feature of the app. Disclosure of your personal information apart from your name and the locality of residence is solely your discretion. The company shall not disclose this information to any third party such as other users.
The Open My Book app charges a rental of Re 1 per day for each book borrowed on the app. The user shall borrow a book for a minimum period of 30 days. Also, the user may borrow for 30, 60 or 90 days by paying the appropriate amount through a payment gateway channel inbuilt in the app.
The Company shall charge a reasonable delivery charge to deliver the set of books to the user. This charge shall be determined from time to time, subject to operational costs and shall be displayed to the user before checkout. The user shall pay the total amount, which is a total of the rental and delivery charge as applicable.
The company shall take at most two days to carry out the delivery. The user agrees to pay the delivery charge over and above the rental charge for the book.
The app shall prompt the user asking him if he is a college student, if he signs up as a student, then he would disclose his college name, course and city of study. All delivery of books would be carried out to the address of the relevant college and not to any other address. However, the user may choose a different address of delivery by paying an additional charge.
If the user chooses to sign in to the app as a non-student, then he shall share his delivery address on the app. All deliveries will be carried out to this delivery address, which the user may choose to change from time to time.
The Open My book app facilities borrowing and lending of books between the users. The lender is advised to ask the borrower to pay the company a refundable deposit as a security for the book. The borrower shall pay the company such an amount, through the payment gateway, as decided by the lender. The app has a chat feature, to facilitate the conversation between the two users.
The company shall commit to return this amount without any interest to the borrower, if the return of the book is recorded on the app. Also, the company shall return the amount without interest to the lender, if the book is not returned on the return date. The company shall take at least two working days from the date when either parties apply for a refund of deposit to credit the amount. The liability of the company in case of default or damage of the book shall be limited to the deposit paid to the company by the borrowed as decided by the lender.
The company shall provide a paid delivery service to facilitate the movement of the books between the lender and the borrower and vice versa. The borrower shall bear the delivery expenses upon his discretion.
Defaults, Damages and Delays in books borrowed
If the user fails to return the book within the choosen return date, then the user is deemed to commit a default. The user will be reminded well in advance of the return date and shall choose to either return the book through a delivery channel or extend the return date by paying for the extra days using the app. In case of a default, the company shall make attempts to contact the user, asking for a return. If the book(s) fail to reach the company within 30 days from the return date, the user shall be blacklisted from the database and all services of Open My Book shall be discontinued. The user may then return the book with applicable charges and then continue his services with the company.
If the book is returned, but is in a damaged condition such that it cannot be re-circulated, then the user will be intimated to pay an amount equivalent to or less than the cost of the book, within 30 days of the return. If the user fails to do so, he shall be blacklisted from the database and all services of Open My Book shall be discontinued.
If the book is not returned on the return date, but on a later date, then the user shall pay an additional charge of Re 1 per day for each extra day of delay. If the book is not returned with applicable charges within 30 days of the return date, the company shall blacklist the user from the database and all services of Open My Book shall be discontinued.
In case of Default, Damage or Delays in return of books borrowed by the user from other users’, the company shall be liable to pay back only the deposit amount received as a security for the lending to the lender. The company shall not be liable for any other payment and would not entertain any other claims. The company shall not bear any responsibility fordefault, damage, delay or loss of books that were lent to other users of Open My Book without the borrower paying a deposit amount to the company as a security.
All personal information shared by the user such as email Id, phone number, delivery address etc shall be used only for the purpose of providing the services of Open My Book. The company shall protect the data of the user with atmost care and against all types of fraud or misuse. All financially sensitive information such as credit card numbers, passwords etc shall be protected against fraud and misuse with utmost care and security.
The data shared by the user about the books he has enlisted on his Library and Wish list on the app will be fed to an algorithm that helps find the books the user is looking for. Only the name and locality of the user will be shared with other users who claim to have a book to lend. The user may share all other information at his own discretion to other users using a secure chat option, inbuilt in the app.
Returns, Refunds and Cancellation Policy
The Open My Book services are customer centric and we strive towards improving customer satisfaction. However, despite our efforts, if you are not satisfied with our services, you may choose to return the borrowed books. You may express your dissatisfaction with our services either by email or phone or Whatsapp. We will be happy to refund the rental amount only within 3 working days from the date of communication with you.
If paid by credit card, refunds will be issued to the original credit card provided at the time of payment. In the case of paytm wallet payment, the refund will be made to the paytm wallet within 3 working days.
Bigger Why Mobility Solutions Private Limited
No 21/2 13th E Main 8th Cross HAL 2nd Stage Bangalore 560038
Email – firstname.lastname@example.org
Blog – http://www.openmybook.in