USER AGREEMENT

Storytel Sweden A B (“Storytel”) is pleased to provide to you access to its website. These terms govern your use and our provision of the Services on the Storytel website (“Our Website”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.

Storytel Sweden A B, corporate identity number 556696-2865, e-mail address: [email protected], (hereinafter “Storytel” or “we”) provides a digital subscription service through which You as a User can stream and temporarily download audio books and e-books to Your mobile phone or other internet accessible devices (the “Service”). This User agreement and its terms and conditions (the “Terms”) apply for your (hereinafter and interchangeably “You” or the “User”) access and/or use of the Service, including but not limited to when You sign up for any of Storytel’s subscriptions, use an add-on service or product provided by Storytel, use of a Gift Card or a Free Trial offer. The Service covered by these Terms are marketed as Storytel and published by Storytel Sweden AB.

Use of the Services are available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. To enter into these Terms with Storytel and consequently become a subscriber of the Service, You must be at least eighteen (18) years old and/or otherwise be authorized to enter into agreements and accept to be bound by the Terms. A minor may only use the Services only if the parent or a natural guardian provides Storytel their consent for and on behalf of the minor.

By setting up an account to use the Service and/or by clicking a tick-box as the case may be, You agree to and accept to abide by the Terms. You must read and agree to these terms before using or accessing Our Website. By setting up said account and clicking a tick-box, You also acknowledge and agree to Storytel processing Your personal data in accordance with Storytel’s privacy policy which can be made available by writing to [email protected]. Agreeing to the Terms is a requirement for access to and use of the Service. The Terms describe the conditions upon which Service are available to You and supersede prior terms and conditions previously made.

Supplemental terms and conditions may apply to some parts of Service, such as rules for a particular competition, add on services or other activities, or terms that may accompany certain content, products or software accessible through the Service. If supplemental terms and conditions are required, they will be disclosed to You in connection with the relevant activities or products. Any supplemental terms and conditions provided by Storytel are complemental to these Terms, and will, in the event of a conflict, prevail over these Terms.

We may amend these terms at our sole discretion and make best efforts to notify You when major changes are made. Your continued use of Services following the posting of changes and/or modifications will constitute Your acceptance of the revised terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits upon You. Notwithstanding the above, if any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.

By accepting these Terms You agree and accept that Storytel may terminate this agreement or suspend Your access to the Service at any time and without prior notice if You fail to comply with any provision of these Terms.

You undertake and warrant that You will periodically review the Terms of Use provided at www.storytel.in/user-agreement and the Privacy Policy at www.storytel.in and that Your consent to the same shall be construed by the continuous access or use of the services from Your account.

1. THE SERVICE

1.1
Use of the Service may include listening to audio books, reading e-books or using other content or products made available by Storytel. The Service may only be used for personal use.
1.2.
The content offered within the Service may vary between the regions in which the Service are available. For information on the content available in Your region, please visit www.storytel.in
1.3.
In order to use the Service, You need either an internet-connected mobile phone, tablet or PC or one of Storytel’s service partner platforms onto which Storytel’s app is installed. For a full and updated list of the technical requirements for using the Service and a complete list of Storytel’s service partners please visit Our Website (www.storytel.in).
1.4.
Storytel reserves the right to modify technical requirements for the use of the Service and to change, add or remove service partners from time to time. Storytel will use its best efforts to notify you via email of any modifications which limit Your technical ability to use the Service no later than thirty (30) days prior to the entry into force of such modification. However, Storytel reserves the right, at any time, to add or remove a service partner without any prior notification to You.
1.5.
The User agrees to use the Service, including all its features and functionalities, in accordance with these Terms and all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein.

2. FREE TRAIL

2.1.
Your Subscription may start with a free trial period (“Free Trial”) of the Service. The Free Trial lasts fourteen (14) days, or as otherwise specified when You sign up, and is intended as a way to allow Users to try the Service once for free before deciding whether or not to commit to a monthly subscription.
2.2.
When You sign up for a Free Trial, You will be automatically transferred to a monthly subscription plan at the end of the Free Trial, unless You terminate Your subscription of the Service prior to the last day of the Free Trial, in which case You will not be charged, and Your subscription will be cancelled.
2.3.
Storytel’s intention is to offer You the Free Trial once. Thus, a User who has already activated a Free Trial offer will be blocked from using additional Free Trials for a period of twenty-four (24) months counted from the day the Free Trial expired. Free Trial eligibility is determined by Storytel at its sole discretion and Storytel may limit the eligibility to prevent Free Trial abuse and/or a breach of the Terms. Storytel reserves the right to revoke or terminate a Free Trial if Storytel, in its sole discretion, determines that a User is not eligible. The User may not combine the Free Trial offer with other offers.

3.PRICES AND PAYMENTS

3.1.
Storytel cooperates with third party payment service providers to which all Your payments will be made.
3.2.
Subscriptions are paid monthly in advance until the User chooses to terminate his/her subscription. In the case of monthly payments, the User will be charged once every thirty (30) days, commencing from the date on which the User activates a subscription, or in the case where the subscription has started with a Free Trial from the date of the expiry of such Free Trial unless the subscription has been terminated by you before such time. In some cases, the date on which the User will be charged will change, for example, if it is not possible to confirm the date of validity on the User’s account card.
3.3.
Prices are displayed on Our Website(www.storytel.in). All prices include Goods and Services Tax (GST). Payment is made by credit/debit card or other payment method which Storytel at any given time informs the User of. Prices may vary depending on type of payment method used. If prices vary Storytel will be communicate this on Our Website in connection to the general information on prices. [Note: Please note that it would be prudent for Storytel to procure independent tax advice in relation to the tax clauses.]
3.4.
Prices do not include any data communication costs or fees which the User’s internet or telecommunication service provider may claim under the User’s contract with such service provider.
3.5.
In the event of default of payment, Storytel reserves the right to terminate Your access to the Service. You can re-activate Your access to the Service by contacting Storytel at [email protected] or by emailing Storytel from the email address registered to Your account.

4.GIFT CARDS

When You sign up with a Storytel Gift Card you agree and accept these Terms on the same terms and conditions as a paying subscriber of the Service, less the payment provisions herein. As a Storytel Gift Card User You will be provided full access to the Service during the full period of the Gift Card. Upon the expiry of the Gift Card the Service will be automatically terminated unless You actively sign up as a paying subscriber. However, if You activate a Storytel Gift Card when You are already a subscriber of the Service, Storytel will temporary suspend the requirement for payment of the Service until the expiry of the Gift Card, upon which time You will be automatically transferred back as a paying customer of the Service and resume the monthly subscription payment plan.

5.CANCELLATION

5.1.
If You begin to listen to/reading an audio book/e-book, or use the Service in any other way, You forfeit the right to cancel Your purchase of the Service as per the cooling-off rights mentioned in section 5.1 above. Termination of the Service is then instead subject to section 9 below.
5.2.
If You are incorrectly charged, You will be credited the charged amount within thirty (30) days.

6.INTELLECTUAL PROPERTY RIGHTS

The Service is provided to You for Your personal, non-commercial use and is intended for entertainment, informational and other similar purposes only. The Service is our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Service or in the content available to you from within the Service are owned by us or our licensors or licensees or any affiliated companies. Except as we specifically agree in writing, no element of the Service or its content may be used or exploited in any way other than as part of Service offered to You under these Terms. You may own the physical platforms on which elements of Service are delivered to You, but we retain full and complete ownership of Service and all the intellectual property rights vested therein. We do not transfer rights or title to any portion of Service to You nor do we transfer any rights or title to any portion of the content made available from within the Service to You. Nothing provided by any brand owned or licensed by Storytel should be construed as granting, by implication or otherwise, any license or right of use of any trademark displayed on or within the Service to You.

7.CONTENT AND SOFTWARE LICENSE

7.1.
The Service is configured to enable the use of the Service software, its content, virtual items or other materials owned or licensed by us. We hereby grant You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service software, its content, virtual item or other material for Your personal, non-commercial use only.
7.2.
As a User of the Service You agree not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Service to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Storytel or except as otherwise expressly permitted under applicable law.
7.3.
As a User of the Service You agree not to; (1) redistribute, circumvent or disable any content protection system or digital rights management technology used in the Service; (2) decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; (3) remove any identification, copyright or other proprietary notices; or (4) access or use the Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. As a User of the Service, the Service software or its content You represent and warrant that Your access to and use of the Service including its content will comply with the Terms and the above requirements.

8.THIRD PARTY CONTENT AND LINKS

8.1.
The appearance of external hyperlinks and/or other elements generated by third parties accessible from the Service, Our Website and any forums provided by Storytel both inside and outside of the Service does not constitute endorsement by Storytel and/or its affiliated companies of the opinions or views expressed by such third parties’ on or outside of their websites/social media platforms. Storytel does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties’ sites. Furthermore, Storytel is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties’ sites/social media platforms. As such, Storytel will not be responsible for content provided on any third-party website/social media platform, and further Storytel will under no circumstances be liable for any direct, indirect loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites/social media platforms.
8.2.
The Service may integrate, be integrated into, or be provided in connection with third-party services and content. Storytel does not control those third-party services nor its content. You should carefully read any agreement or terms of use and privacy policies presented to you that apply to such third-party services and/or content.
8.3.
When You access the Service through a mobile network, your network or roaming provider’s messaging rates, data costs and other fees will apply.

9.DURATION AND TERMINATION

9.1.
Unless You terminate Your subscription for the Service it will be renewed every month, indefinitely or for as long as Storytel offers the Service. The Service may however be terminated by the User at any time. To terminate the Service before a new month is added to your subscription term, the User must terminate the Service no later than the day before a new monthly period begins, otherwise the subscription runs and You are charged for another month before it is terminated.
9.2.
To unsubscribe, please visit www.storytel.in and log in. Click on My Account, select the option Unsubscribe and follow the instructions. You can also cancel the Service by contacting Storytel by other means.
9.3.
In addition to the above, Storytel reserves the right at its sole discretion to terminate or restrict Your use of the Service if You violate these Terms or are otherwise engaged in (or suspected of being engaged in) illegal or fraudulent use of the Service.

10.STORYTEL’S RIGHTS AND RESPONSIBILITIES

10.1.
Storytel reserves the right to change the price of the Service and/or these Terms, either fully or in part. Changes shall however be communicated to the User via e-mail, sms or directly via the Service no later than thirty (30) days before the changes take effect.
10.2.
As part of providing the Service, Storytel may contact the User by mail, telephone, SMS, MMS, e-mail or directly via the Service for the purpose of communicating regarding the functionalities and the content of the Service. Storytel may also, unless User has declined such contact, contact the User by mail, telephone, SMS, MMS, e-mail or directly via the Service regarding promotions or similar activities and events that is related to the Service. All communication between Storytel and User shall be in accordance with Storytel’s privacy policy.
10.3.
Storytel is not liable for any disruption to mobile networks or in the service of internet providers.
10.4.
The Service is available around the clock, seven (7) days a week. However, Storytel provides no guarantee that the Service will always be free of errors or interruptions. If there are any faults or interruptions affecting the Service, Storytel will be given the opportunity to correct these without there being a breach of contract, i.e. of these Terms. Storytel also has the right, within reason, to close the Service, for example, for carrying out upgrades and maintenance.
10.5.
Storytel has the right, fully or partly, to transfer its rights and obligations to third parties under these Terms. Storytel also has the right to engage subcontractors to carry out its obligations under these Terms. Any such changes which may affect the processing of your personal data shall be handled in accordance with Storytel’s privacy policy.

11.THE USER’S RIGHTS AND RESPONSIBILITIES

11.1.
The User may listen to audio books, read e-books and use the content in the Service for private use only. Your account (including but not limited to login details) is personal and may not be shared with others.
11.2.
The User may not in any way disseminate audio books, e-books and other content in the Service by, for example, copying, lending or hiring out such material.
11.3.
The User undertakes not to circumvent or to attempt to circumvent the technical limitations in place to prevent copying of the contents in the Service and to not copy, either in whole or in part, audio books, e-books or other content in the Service, even for private use.
11.4.
The User may not play audio books for an audience or in a public place.
11.5.
If a User is offline for a period of thirty (30) days and has temporarily downloaded content into the app, Storytel may require User to go online to ensure that the User still has an active subscription of the Service and to update the content in the Service. If User refuses to do so Storytel reserves the right to suspend any further use of the Service until User has verified that the User has an active account with Storytel. If no such account is verified Storytel may, at its own discretion, continue to suspend the Service or to terminate the account of such User.
11.6.
The User is responsible for ensuring that the information provided at registration is correct and that any personal data provided to Storytel, including the Users e-mail address, is correct. The User is responsible for informing Storytel of any change in the data provided, especially to Users e-mail address. Any e-mail that Storytel sends to the User’s e-mail address shall be deemed to have been received by the User within three (3) days of the e-mail being sent.
11.7.
The User is responsible for maintaining control over his/her account, to prevent anyone else from accessing the Service and undertakes not to reveal his/her password or any other personalized details associated with the Users account for as long as the User subscribes to the Service.
11.8.
In any reviews of audio books and e-books that the User writes, the User is responsible for ensuring that the User’s opinions are expressed with respect to others and that the User does not use words or phrases that may be perceived as discriminatory or unnecessarily offensive or objectionable in forums that may be associated with Storytel. It is furthermore the User’s responsibility to ensure that the User does not post, use or share intellectual property belonging to a third party or post, use or share content or comments that is or may likely be interpreted as illegal, e.g. defamatory content, materials portraying or suggesting sexual abuse or online hate comments.
11.9.
The User has no right to transfer his/her rights and obligations under these Terms, unless the User has Storytel’s written consent to do so.
11.10.
You must not use the Service in any way that causes, or is likely to cause the Service to be interrupted, damaged or impaired in any way. You understand that You, and not Storytel, is responsible for all electronic communications and content sent from Your device to us and You must use the Service, Your device and Our Website and any forums provided by Storytel both inside and outside of the Service for lawful purposes only. Subsequently You agree not to use Our Website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity or to send to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, defamatory, libelous, obscene, pornographic, or is in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties.
11.11.
In the event that the Service, or parts thereof, are incorrect or faulty, You are urged to contact Storytel by way of the contact form on www.storytel.in, from the email address registered to your account or by using any other means to inform us or to lodge a complaint.
11.12.
The User acknowledges that the Service includes content not appropriate or suitable for minors. You therefore agree not to let minors access the Service unless they are under your supervision.

12.MISCELLANEOUS

12.1.
The Service is provided to You solely for the non-commercial purpose of consuming entertainment, information and other similar purposes in accordance with these Terms and the laws of India. Storytel makes no representation that the Service or the content accessible through the Service will be available for use in any other country.
12.2.
Storytel has the right to temporarily suspend or terminate the contract with the User (i.e. the Service) with immediate effect if there are reasons to suspect that the User has violated the Terms or any applicable laws, rules and regulations or, additionally, if User is otherwise using the Service in a way that may cause damage to Storytel or any third party.
12.3.
The Services are provided “as is” and “as available.” We disclaim all conditions, representations and warranties not expressly set out in these terms. We shall not be liable to you for direct, indirect, incidental, special, consequential or punitive damages or any other damages of any kind, including but not limited to lost profits, revenue or savings or other economic loss, loss of or damage to data or loss of business or goodwill and or property damage, even if we were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control.
12.4.
We shall not be liable to you for direct, indirect, incidental, special, consequential or punitive damages or any other damages of any kind, including but not limited to lost profits, revenue or savings or other economic loss, loss of or damage to data or loss of business or goodwill and or property damage, even if We were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control.
12.5.
If You are dissatisfied with the services, the materials available on it, or with these Terms of Use, Your sole and exclusive remedy is to discontinue accessing or using the Services.
12.6.
Unless otherwise specified, the Services are presented solely for the purpose of purchasing, entertainment and for other similar purposes in accordance with the laws of India. Storytel makes no representation that materials on the site are appropriate or available for use in other locations. those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12.7.
These Terms shall be governed and construed in accordance with the laws of India.
12.8.
Unless otherwise specified, Services are presented solely for the purpose of purchasing entertainment and for other similar purposes in accordance with the laws of India. Storytel makes no representation that materials on the site are appropriate or available for use in other locations. those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12.9.
If You are dissatisfied with the Service, the content available on it, or with these Terms, your sole and exclusive remedy is to discontinue accessing or using the Service.
12.10.
To find more information about the Service or if You need assistance with any feature or with Your account please contact [email protected]

Last reviewed 1 March 2018

Storytel Sweden AB