STANDARD TERMS & CONDITIONS OF SALE
Last Updated: 09th November, 2017
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER ANY EBOOK OR ACCESS TO DIGITAL CONTENT.
This Agreement provides the terms and conditions of your online order and purchase of access to digital content and/or eBooks (“EBooks”) on the BookFusion platform ("Platform") that are provided by third party publishers, authors and content providers (“Content Providers”). BookFusion only sells licenses to literary works to customers that have created a BookFusion account. All eBooks on BookFusion are the exclusive property of the author, publisher or its licensors and is protected by copyright and other intellectual property laws.
By placing an order, you acknowledge that you have read and agree to be bound by these Terms of Sales including the additional terms and policies referenced herein.
1. Your Purchase
When you purchase access to any individual eBook or any subscription access to EBooks on the Platform, you will be charged the total amount of your order (plus any applicable taxes and transaction fees) to the credit card provided. Before completing your transaction, an invoice will be generated and shown to you, and by concluding the transaction, you accept and agree to the electronic invoicing.
The Platform accepts payment by all major credit cards including Visa, MasterCard and American Express. BookFusion reserves the right to reject any and all tax exemption certificates.
We reserve the right to cancel or refuse any order at our sole discretion, for any reason and at any time, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is required to complete and accept your order. We shall have no liability to you in the event of such cancellation.
Any purchase to access of an EBook entitles you to ONE copy of that EBook, which may be accessed through your BookFusion account on any device, subject to any timed limitation indicated on purchase.
Any purchase to access a subscription entitles you to access any of the number of EBooks in that subscription according to the parameters set by the subscription provider.
2. Use of your eBook/Digital Content
Upon your download of or access to EBooks, the Content Provider grants you a non-exclusive right to view, use, and display such EBooks an unlimited number of times, solely through the Platform or as otherwise permitted by the Content Provider, and on the number of devices specified by the Content Provider, solely for your personal, non-commercial use. All EBooks purchased are licensed, not sold, to you by the Content Provider. The Content Provider may include additional terms for use within its EBook. Those terms will also apply, but this Agreement will govern in the event of a conflict.
You may not rent, transfer, sell, make unauthorized copies, create derivative works from, modify, publish, distribute, broadcast, sublicense, or otherwise assign any rights to the eBooks or in any way exploit any of the eBooks or any portion of it. Further, you may not remove or modify any proprietary notices or labels on any eBook. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Platform’s service to you.
4. Refund & Cancellation Policy
You can request a cancellation of your purchase of an EBook or access to a subscription within seven (7) days of purchase, provided you have not downloaded the EBook or opened the EBook on any device or via the web application.
In order to request a refund of any purchase made, you must send an email to firstname.lastname@example.org, identifying your account, the EBook or subscription purchased and the reason for the cancellation. Once the refund request is processed and approved, you will no longer have access to the Ebook or the subscription.
You understand that notwithstanding the foregoing, any grant of refund is discretionary and we are under no obligation to refund monies paid, particularly where there is suspicion of fraud or impropriety by you, the purchaser. Where you are found to be engaging in any fraudulent activities on your account, we reserve the right to suspend or terminate your account without notice.
Under no circumstances will we process the refund for the purchase of any BookCard through the Platform.
We reserve the right to change the terms and conditions contained in this Agreement, other Service related terms and conditions, or any policies or guidelines governing the Services, including without limitation, any of the information posted on the website about the products and services, the platform, content guidelines, submission requirements, pricing, site terms and any privacy notices, at any time and in our sole discretion. Any changes to the terms and conditions herein, including the refund or cancellation policies and guidelines referenced in this Agreement, will be effective upon posting of such revisions on the Site and without notice to you. You are responsible for regularly reviewing the Site for changes and notice of any changes.
6. Disclaimer of Warranties; Limitation of Liability
THE PLATFORM AND OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT; (B) THAT THE PLATFORM, THE SERVICES OR THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES. WE AND OUR AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE PLATFORM, ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
8. No Agency
No agency, partnership, joint venture or other joint relationship is created hereby.
By completing your order, you acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions.