Terms of Service

This is an agreement between you and the JOY OF BOOKS Library (with its affiliates, "JOY OF BOOKS" or "JOY OF BOOKS Library" or "company" or "the company" or "library" or "the library" or "we" or "us" or "our"). Before using your membership, please read these Terms & Conditions, including any attached schedules, and other applicable rules, policies, and terms of the JOY OF BOOKS Library. By visiting any of our sites and/or purchasing something from us, you engage in our “Service” (or "The Service" or "services" or "products) and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site and/or physical locations, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. These terms and conditions are subject to change without notice. By using your library membership, you agree to abide by all the terms of this Agreement on behalf of yourself and all other persons who use our service under your account. We reserve the right to refuse service to anyone for any reason at any time.

1. ELIGIBILITY

Any individual who submits a fully complete application form for membership with a) address/proof of residence b) mobile phone number, and c) communicable email address is welcome to sign up with the company. Members are responsible for informing the company whenever there is any change in their contact details, including email addresses, phone numbers, street address, and any other relevant contact information. The company reserves the right to accept or reject membership for any reason at its sole discretion. Membership is for personal use only. However, it can be transferred to any other individual's name after formal communication to the company and approval of such transfer. No member may re-lend or otherwise commercially use items borrowed from the library at any time. Doing so is a breach of terms and will automatically entail cancellation of membership.

2. PLANS AND PAYMENT TERMS

By subscribing to a specific membership plan of the company, the member is explicitly agreeing to pay, in advance, the subscription fee attached to that plan plus any other applicable fee or tax at the frequency specified by the plan. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

3. SERVICES OR PRODUCTS (as applicable)

We have made every effort to display as accurately as possible the details of our services and products that appear anywhere at our physical locations and/or on our sites. We cannot guarantee that your understanding will be accurate or complete. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We are not responsible if information made available is not accurate, complete or current. The material is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our sites or physical locations is at your own risk. Additionally, our locations and/or sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents at any time, but we have no obligation to update any information on our sites or physical locations. You agree that it is your responsibility to monitor changes. We reserve the right, but are not obligated, to limit the sales of our Services or products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service or product at any time. Any offer for any service or product is void where prohibited.

4. READING PERIOD

The company proposes a reasonable reading period with plan-based restrictions on the number of items that a member can borrow at any point in time. However, under specific circumstances where there is high demand for certain titles, and other library members have requested for and are waiting for an item/s for more than ten (10) days, the company reserves the right to contact and request members to return such items. Members are requested to then return the requested item/s within five (5) days of request. The company reserves the right to restrict the borrowing of certain collections, titles, number of books in a series, or other conditions as per its membership and subscription plans which may change from time to time.

5. LOST AND DAMAGED ITEMS

The company takes utmost care to maintain library items in good condition. Any pre-existing anomaly such as unprinted pages or damage of any kind should be reported to the library staff while getting the item issued or immediately upon receipt if the item is home delivered. Failure to check and report the same will be constituted as if the member has received the item in good condition. While returning the item, the front desk executive will check for any damage and update the member accordingly. The determination of an item being “damaged” will be at the sole discretion of the library. Members can choose to replace a lost or damaged item within 10 days or pay the penalty amount as determined by the library. The damage policy is detailed below. Fees noted below may be changed from time to time at the sole discretion of the company. Note that the prices of books and magazines keep rising; certain items go out of print and procurement becomes very expensive. Hence, MRP is defined as the current acquisition cost of a new, non-pirated, publisher print to replace the lost or damaged item, NOT the amount printed on the library copy.
Title
Title
NATURE OF DAMAGE
PENALTY AMOUNT
Book: Single page torn but repairable (NOT missing) or scribbling that can be erased
Rs. 50
Book: Multiple pages torn but repairable (NOT missing) or scribbling that can be erased, or repairable damage to the cover or spine
40% of the MRP of the book, or Rs.50, whichever is higher
Book: Non-repairable damage such as page(s) torn beyond repair or missing, or extensive damage to the cover or spine
60% of the MRP of the book, or Rs.50, whichever is higher
Lost book
100% of the MRP of the item + Rs. 50 for the Jacket and/or RFID Tag, as applicable
Jacket and/or RFID Tag missing
Rs. 50
Magazine: Repairable damage
50% of the MRP of the magazine
Lost magazine
100% of the MRP of the magazine

6. SUBSCRIPTION HOLIDAY OR BREAK

There are two options for members to temporarily stop their subscription. All relevant conditions have to be met along with formal acknowledgment from the company for the respective options to take effect.

a) HOLIDAY

Through a feature called a Subscription “Holiday”, the company allows members to temporarily pause their subscription for contiguous periods of 1 month (minimum) to 6 months (maximum) while the subscription is still active AND while there is at least as much validity period balance remaining on the subscription as the desired break period. A member can avail one contiguous Subscription Holiday period during each subscription term. All issued items should be returned to the library before the start date of a Subscription Holiday. During the Subscription Holiday, the member will not be able to use the library. Such usage will automatically end the Holiday. There is a fee of Rs. 50/- per month or part thereof to avail a Subscription Holiday. Members who have an active annual subscription are eligible for one FREE month of Subscription Holiday and are required to pay Rs. 50/- per month thereafter for additional months. To utilize the Subscription Holiday feature, the member is required to submit a formal request either at the branch or online.

b) BREAK

Through a featured called a Subscription "Break", the company allows members to temporarily pause their subscription for a contiguous period of up to 6 months at the end of a subscription period, provided members have returned all outstanding materials before initiating a break. No items can be checked out during a break, and the member is not required to pay any subscription fees. The deposit will continue to remain with the company. The member can end a break any time before 6 months and resume usage of the library by remitting the requisite subscription fee for a plan of their choice. If the member wishes to continue the break period beyond 6 months, they have to submit a formal request either at the branch or online. Otherwise, the deposit will be treated as "Unclaimed" (see Section 10).

7. REFUNDS, LAPSED SUBSCRIPTION AND DUES

Registration fee and subscription fees paid in advance will not be refunded. See Sections 8 & 9 for deposit refund and unclaimed deposit. Members are expected to renew their subscription before the validity ends, and subscription fees should be paid as per the plan. Subscription fees will be charged as long as items are checked out to a member's account. All checked out items must be returned, or the subscription must be renewed on or before the validity end date. Non-compliance with the renewal terms in spite of two (2) reminders will attract subscription overdue fees and/or penalty, stock replacement costs, and may lead to cancellation of membership. If the subscription is not renewed within one week of lapsing, and items are still checked out, the company reserves the right to deduct overdue subscription from the Deposit. If items are not returned within 30 days of the subscription lapsing, the company reserves the right to adjust the Deposit balance towards stock replacement cost of the unreturned items up to MRP, plus jacketing & tagging costs. If there is insufficient balance in the Deposit, the company reserves the right to close the account of the member. All correspondence in this regard would be communicated via any of the following channels including WhatsApp / phone call / SMS / email / Telegram to the member's registered mobile number and/or email to the registered email address. Members are responsible for informing the company whenever there is any change in their contact details, including email addresses, phone numbers, street address, and any other relevant contact information.

8. DEPOSIT REFUND, MEMBERSHIP CLOSURE & TERMINATION

To close their membership, members are required to initiate a formal request at the branch or online and complete the Closure Form as prescribed by the company. The deposit if any will be refunded via UPI or Netbanking after deducting applicable fees/dues and stock replacement costs. To ensure proper accounting, the company does not provide cash refunds. To discourage ad-hoc and short-term membership, members are required to comply with a minimum membership term of three months, with the sole exception of 1-month trial plans as determined by the company. Premature closure of membership before completion of the minimum membership period will result in forfeiture of subscription fees. All outstanding fees/dues for the remaining period of the mandatory term and stock replacement costs will be charged as applicable and deducted from the deposit if any; the balance deposit if any will be refunded. If the subscription has lapsed, overdue subscription fees, penalties, and stock replacement costs will be charged as applicable and deducted from the deposit if any; the balance deposit if any will be refunded. For NIL deposit or plans without deposit there is no refund applicable at the time of closure. Under situations caused by breach or non-compliance to the Terms of Service by the member, the company reserves the right to terminate the membership without any refund.

9. UNCLAIMED DEPOSIT

The company sends reminders to its members for renewal. Upon expiry, the company reserves the right to classify the account as ‘Dormant’ and initiate steps to recover stock replacement cost of items up to MRP, plus jacketing & tagging costs, unpaid subscription fees, and other overdue charges from the refundable deposit if there is no response to reminders communicated via any of the following channels including WhatsApp / phone call / SMS / Telegram to the member's registered mobile number and/or email to the registered email address. After 30 days of the subscription period ending or after 6 months of break in subscription, if there is no response from the member, an Account Maintenance Fee will be charged at the rate of Rs.1 per day from the validity end date of the most recent subscription period, and any deposit balance remaining in the account will be treated as “Unclaimed”. After 30 days or 1 calendar month (whichever is earlier) of being marked as unclaimed, if there has been no response from the member, the company reserves the right to treat the member as “not reachable”, terminate the account, mark any unclaimed deposit balance amount as "forfeited", and take appropriate action on the forfeited balance.

10. CHANGES TO TERMS OF SERVICE

The company reserves the right, from time to time, with or without notice, to change these Terms of Service in its sole and absolute discretion. Any new features or tools that are added to the current business shall also be subject to the Terms of Service. The most current version of these Terms of Service can be viewed on this “Terms of Service” page. The most current version of the Terms of Service will supersede all previous versions. We reserve the right to update, change or replace any part of these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued usage of our services after changes are made means that you agree to be bound by such changes. You agree not to lend, relend, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us.

11. DATA SECURITY POLICY

Information provided by a member, while signing up to company services, such as identification and contact details, will be for the exclusive use of the library. The company may use this information to send regular communications about services provided directly by the library or by third-party service providers. The company uses the information collected from you to provide you with access to our services and services from our affiliates and to monitor your use of such services. Members who join group communications such as WhatsApp or Telegram groups, or other social media forums do so at their own risk. Further, members sharing information on platforms such as Google, Facebook, Instagram, Twitter, etc. do so at their own risk. The company is indemnified from any member's discretionary usage on such forums and platforms. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on any of our sites or materials may direct you to third-party websites that are not affiliated with us. Additionally we may use third-party platforms, tools and services including but not limited to library management systems (e.g. Libib, Koha, etc.), eBook management tools (e.g. Calibre, Kobo, etc.), Google products, Microsoft products, Meta products, Twitter, Zoho products, point-of-sale (POS) tools (e.g. mSwipe, POS/EDC/credit card machines), process automation tools (e.g. Zapier, Pabbly Connect, IFTTT, etc.), CRM systems and tools (e.g. Streak, Biziverse, HubSpot, Kommo, Odoo, Zoho, etc.), hosting services (e.g. GoDaddy, Hostinger, DomainDiscount24, etc.), site builder tools (e.g. Wix, WordPress, etc.), membership management tools, autoresponders (e.g. WhatsAuto, etc.), automation tools (e.g. SwiftReply, TypeDesk, AutoHotKey, etc.), bulk mailing and social media tools (e.g. Mailchimp, HootSuite, etc.), browser add-ons, ticketing systems, reputation management tools (e.g. BirdEye, etc.), listing services (e.g. JustDial, Sulekha, etc.), logistics services (e.g. Dunzo, Borzo, Porter, Swiggy, etc.), and other technology products, services, and tools. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may provide you with access to third-party tools which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

12. USER CONTENT, COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether in person, online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

13. PRIVACY POLICY

 Please visit this page for our complete Privacy Policy . Your submission of personal information to us is governed by our Privacy Policy.

14. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

15. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using any of physical locations and/or our sites and/or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

17. DISCLAIMER OF WARRANTIES

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

18. LIMITATION OF LIABILITY

In no case shall the JOY OF BOOKS Library and our parent, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. In the instance that some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

19. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the JOY OF BOOKS Library and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

20. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

21. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the City of Chennai in the state of Tamil Nadu, India.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use our services and/or sites. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
The ‘Terms of Service’ of the library are critical in its continuous efforts to offer a unique reading experience to members. Please read the conditions & stipulations set forth in this document. We look forward to your co-operation in adhering to the same. Thank you for your membership. We strive to provide you best-in-class reading experience at the JOY OF BOOKS Library.
Questions about the Terms of Service should be sent via email to the following address:  joyofbooks.in@gmail.com 

GLOSSARY OF TERMS

  • 'Library Authority' means library management and appointed staff.
  • 'Library' means any building or space maintained by the company for the purpose of library functions.
  • 'Librarian' means the person appointed by the company to act on its behalf.
  • 'Item' includes any and every article, book, magazine, booklet, eBook, digital asset, notes, poster, or other artifact permanently or temporarily forming part of the lending section of the library.