Storytel Sweden (“Storytel”) is pleased to provide to You access to its Service delivered via online platform (like iOS application, Andriod application and similar). These terms govern Your use and our provision of Service provided by Storytel. PLEASE READ THESE TERMS CAREFULLY BEFORE USING Our Service.
Storytel Sweden AB, corporate identity number 556696-2865, Box 24167, 104 51 Stockholm, e-mail address: [email protected], (”Storytel”) provides digital subscription Service through which You as a user can stream and/or download audio books and e-books to Your mobile phone or other internet accessible devices ("Service").
Use of Service is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. To use Service, You must be at least eighteen (18) years old and/or otherwise be authorised to enter into agreements and accept to be bound by the Terms. A minor may only use Service under the supervision of an adult.
By setting up an account to use Service 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 Service.
Supplemental terms and conditions may apply to some parts of Service, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through Service. Supplemental terms and conditions will be disclosed to You in connection with the applicable competition, service or activity.
Any supplemental terms and conditions are in addition to these terms, and 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.
We may immediately terminate this contract with respect to You (including Your access to Service) if You fail to comply with any provision of these terms.
- Use of Service includes listening to audio books, reading e-books or using other content made available through Storytel. Service may be used only for personal use.
- The content offered within Service may vary between the regions in which Service is available. For information on available content in Your region, please visit www.Storytel.com and choose Your relevant region.
- In order to use Service, You need either an internet-connected mobile phone, tablet or PC with Windows 8 or 10 or one of Storytel’s service partner platforms onto which Storytel’s app is installed. For a full list of the technical requirements for using Service and a complete list of Storytel’s service partners please visit Storytel’s website. Storytel reserves the right to modify the technical requirements for using Service and to change, add or remove Service partners from time to time. You will be notified via email of any modifications which limit Your technical ability to use 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.
- The user agrees to use 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 Service or content therein.
- Your Subscription may start with a free trial period (“Free Trial”) of Service. The Free Trial lasts fourteen (14) days, or as otherwise specified when You sign up, and may only be used once every in every twenty-four (24) months. The Free Trial is intended as a way to allow new users to try Service before committing to a monthly subscription.
- When You sign up for a Free Trial, You will be automatically transferred to a monthly plan at the end of the Free Trial, unless You terminate Your subscription of Service prior to the last day of the Free Trial, in which case You will not be charged and Your subscription will be cancelled.
- 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 against the Terms. Storytel reserves the right to revoke or terminate a Free Trial if Storytel determines that a user is not eligible. The Free Trial offer may not be combined with other offers.
PRICES AND PAYMENTS
- 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 every thirty (30) days, commencing from the date on which the user takes out a subscription. 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.
- All prices include GST. Payment is made by credit/debit card or other payment method which Storytel at any given time informs the user of.
- Prices do not include any data communication charges which the user's internet or telecommunication service provider may claim under the user's contract with such service provider.
- In the event of default of payment, Storytel reserves the right to terminate the user’s access to Service. User can re-activate his/her access to Service by contacting Storytel on www.storytel.in or by emailing Storytel from a valid email address.
- When You sign up with a Storytel Gift Card and You are not a subscriber of Service, You will be provided full access to Service during the full period of the Gift Card. Upon the expiry of the Gift Card Service will be automatically terminated unless user actively signs up as a paying subscriber. However, if user activates a Storytel Gift Card when he/she is already a subscriber of Service, Storytel will temporary suspend the requirement for payment of Service until the expiry of the Gift Card, upon which time such user will be automatically transferred back as a paying customer of Service and resume the monthly subscription payment plan.
- If the user begins listening to/reading an audio book / e-book, section of the audio book / e-book or uses Service in any other way, the user forfeits the right to withdraw.
- If the user changes his/her mind and wants to cancel Service during the cooling off period, Storytel recommends the user to notify Storytel by using the withdrawal form on storytel.in, and send it from a valid e-mail address or by using any other means to notify Storytel that he/she wishes to cancel the purchase within the withdrawal period.
- If the user is incorrectly charged, the user will be credited the charged amount within thirty (30) days.
INTELLECTUAL PROPERTY RIGHTS
- Service is for Your personal, non commercial use and is intended for entertainment, informational and other similar purposes only. 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 Service are owned by us or our licensors or licensees or any affiliate companies. Except as we specifically agree in writing, no element of Service may be used or exploited in any way other than as part of Service offered to You. You may own the physical media 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 title to any portion of Service to You. Nothing provided by any brand owned or licensed by Storytel should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark displayed on Service without the written permission of Storytel.
CONTENT AND SOFTWARE LICENSE
If Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for Your personal, noncommercial use only.
- You agree not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-licence or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of 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.
- You may not redistribute, circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. By acquiring services, content or software through Service, You represent and warrant that Your access to and use of the services, content or software will comply with those requirements.
DURATION AND TERMINATION
- The subscription for Service continues indefinitely with a renewed period every month. Services may be terminated by the user at any time. To terminate Service before a new period, the user must terminate Service no later than the day before a new monthly period begins, otherwise the subscription runs for another month.
- To unsubscribe, please visit www.storytel.in and log in. Click on My Pages and My Account, select the option Unsubscribe and follow the instructions. You can also cancel Service by contacting Storytel by other means.
- In addition to the above, Storytel reserves the right at its sole discretion to terminate or restrict Your use of Service if You violate these Terms or are engaged in illegal or fraudulent use of Service.
STORYTEL'S RIGHTS AND RESPONSIBILITIES
- Storytel reserves the right to change prices and/or these Terms. Changes are communicated to the user via e-mail no later than thirty (30) days before the changes take effect.
- Storytel is not liable for any disruption to mobile networks or in the services of internet providers.
- The Service is available around the clock, seven (7) days a week. However, Storytel provides no guarantee that Service will always be free of errors or interruptions. If there are any faults or interruptions affecting Service, Storytel will be given the opportunity to correct these without there being a breach of contract. Storytel also has the right, within reason, to close Service, for example, for carrying out upgrades and maintenance.
- 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.
THE USER'S RIGHTS AND RESPONSIBILITIES
- The user may listen to audio books, read e-books and use the content in Service for private use only. The user's account is personal and may not be shared with others.
- The user may not in any way disseminate audio books, e-books and other content in Service by, for example, copying, lending or hiring out such material.
- The user undertakes not to circumvent or to attempt to circumvent the technical limitations in place to prevent copying of the contents in Service and to not copy, either in whole or in part, audio books, e-books or other content in Service, even for private use.
- The user may not play audio books in a public place.
- If a user is offline for a period of thirty (30) days, Storytel may require user to go online to ensure that he/she still has an active subscription of 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 he/she has an active account with Storytel. If no such account is verified Storytel may, at its own discretion, continue to suspend Service or to terminate the account of such user.
- The user is responsible for ensuring that the information provided at registration is correct and that the e-mail address is active. The user is responsible for changing his/her e-mail address with Storytel in the event of any change in his/her active 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.
- The user is responsible for maintaining control over his/her account, to prevent anyone else from accessing Service and undertakes not reveal his/her password or any other personalized details associated with the users account for as long as the user subscribes to Service.
- In any reviews of audio books and e-books that the user writes, the user is responsible for ensuring that he/she expresses him/her self with respect to others and that he/she 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 he/she 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.
- You must not use Service in any way that causes, or is likely to cause, Service or access to it 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 website for lawful purposes only. You must not use the website for any of the following:
* for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
* 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, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
* to cause annoyance, inconvenience or needless anxiety.
- 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.
- In the event that 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 a valid email address or by using any other means to lodge a complaint.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or other elements generated by third parties on this site does not constitute endorsement by Storytel and/or its affiliate companies of the opinions or views expressed by such third parties' websites. 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. As such, Storytel will not be responsible for content provided on any third party website, and further Storytel will under no circumstances be liable for any direct, indirect, incidental or special 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.
THIRD PARTY SERVICES AND CONTENT
When You access Service through a mobile network, Your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Services may be prohibited or restricted by Your network provider and not all Services may work with Your network provider or device.
- Service is 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.
- 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.
- Unless otherwise specified, Service is presented solely for the purpose of consuming 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.
- Arbitration, Governing Law and Jurisdiction. The Terms shall be governed by the laws of India. The courts of Mumbai shall have exclusive jurisdiction to hear and settle any dispute and other matters arising from and out of the provisions of this contract.
- Storytel has the right to temporarily suspend or terminate the contract with the user (i.e. 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 Service in a way that may cause damage to Storytel or any third party.
- To find more information about Service or if You need assistance with any feature or with Your account please contact [email protected].
Effective Date: 1 November, 2017