As used in these Terms of Service, “we”, “us” and “mmb” & “markmybook” means the applicable Mark My Book Contracting Party (as defined in Section 4 below).
Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.markmybook.com/termsofuse .
Web Store Terms
To access and use the Web Store Services, you must register for a markmybook account by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. markmybook may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by markmybook for the purposes of reaching out probable consumers with the information, content & sources gathered and synchronized by markmybook as desired by you.
You acknowledge that markmybook will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to markmybook and your primary Account email address must be capable of both sending and receiving messages. Your email communications with markmybook can only be authenticated if they come from your primary Account email address.
You are responsible for keeping your password secure. Markmybook can’t and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You acknowledge that you are responsible for the creation and operation of your Web Store.
Markmybook is a service provider. Any contract between you and the users, trade inquiries and business deals generated thereof are directly between you and the individual / company concerned.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Web Store.
Web Store Ownership & Activation
The Individual / Business signing up up for the Service by opening an Account will be the contracting party (“ Web Store Owner”) for the purposes of our Terms of Service and will be the Individual / Business who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. The Individual/ Business creating Web Store is responsible for ensuring that the legal name of the Store Owner is clearly visible on the Web Store’s contact section.
The Web Store will be activated with providing all required information and if at any point of time is found incorrect can be taken down by markmybook.
Technical support in respect of the Services is only provided to markmybook web store owners, their authorized employee and markmybook users.
You acknowledge and agree that markmybook may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Markmybook’s website, available at markmybook.com/terms-of-use and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to markmybook’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Markmybook Services 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), the laws applicable to you in your customer’s jurisdiction, or the Indain laws.
You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Markmybook.
You shall not purchase search engine or other pay per click keywords (such as Google Ads), or domain names that use markmybook or markmybook trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to Markmybook Support.
You understand that your Materials (not including credit card information), may be transferred unencrypted and involve
transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
The Services allow you to send certain promotional communications to your customers by short message service (SMS) & e-mail
All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Markmybook shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Markmybook’s prior written consent, to be given or withheld in Markmybook’s sole discretion.
Mark My Book LLP as Contracting Party
“Mark My Book Contracting Party” means Mark My Book LLP, an Indian Company having registered office at
6/5, Opp. JPH School Gate No.7,
Mark My Book’s Rights
We reserve the right to modify or terminate the Services for any reason (communicated via mail), without notice at any time.
We are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate policy or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Markmybook customer,employee, member, or officer will result in immediate Account termination.
Markmybook does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. We herewith also affirm that they will may not use your Confidential Information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
Markmybook retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Markmybook reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties
“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Markmybook’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service
Limitation of Liability
You expressly understand and agree that, to the extent permitted by applicable laws, markmybook shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall markmybook or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence).
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Markmybook does not warrant that the services will be uninterrupted, timely, secure, or error-free.
Markmybook does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Markmybook is not responsible for any of your tax obligations or liabilities related to the use of markmybook’s Services.
markmybook does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
Complete Agreement, Waiver & Severability
The failure of markmybook to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect.
The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and markmybook and govern your use of the Services and your Account, superseding any prior agreements between you and markmybook (including, but not limited to, any prior versions of the Terms of Service).
Content & Intellectual Property
We do not claim any intellectual property rights over the Materials you provide to the Markmybook Service. All Materials you upload to your Markmybook Store remains yours. You can remove your Markmybook Store at any time by deleting your Account.
By uploading content in digital format, books, merchandise or any other product or materials, you agree:
to allow other internet users to view the Materials you post publicly to your Store;
to allow Markmybook to store, and in the case of Materials you post publicly, display and use your Materials; and
that Markmybook can, at any time, review and delete all the Materials submitted to its Service, although Markmybook is not obligated to do so.
You retain ownership, right to republish, reproduce, right to use for promotion over all content, products, materials that you upload to the Store; however, by making your Store public, you agree to allow others to view and or read content, product or materials that you post publicly to your Store. You are responsible for compliance of the content, product or materials with any applicable laws or regulations.
Markmybook shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
Theme & Design
You may establish the appearance of your Markmybook Store with a design template from Markmybook’s Theme & design store If you download a design, you are licensed to use it for your web store only. You are free to transfer such designs to a second one of your own Stores if you close your first Store.
You are not permitted to transfer or sell a design to any other person’s Store on Markmybook or elsewhere. Multiple Stores require multiple account set ups and each web store is subject to the applicable fee.
Markmybook gives no assurance that a particular design will remain available in Theme & Design store for additional downloads.
E-Mail & sms
Markmybook employs certain controls to scan the content of emails & sms you deliver using the services prior to delivery
You will use commercially reasonable efforts not to send sensitive personal data, including information regarding an individual’s medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs, or other sensitive data (collectively, “Sensitive Data”) through the Email & sms services.
If the web store owner or a customer knows of or suspects any
violations of the Email & sms Services Requirements, please
notify markmybook at [email protected] markmybook will
determine compliance with the service Requirements in its
Fee Payment, Modification & Services
Web store owner will pay the Fees applicable to the subscription to online Service and any other applicable fees, including but not limited to applicable fees relating to the traffic generated to your store.
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Markmybook will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Markmybook will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in ₹ /US $
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Markmybook’s discretion.
Web Store owner will be charged on each Billing Date for all outstanding Fees that have not previously been charged.
Wen store have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process payment of Fees using an Authorized Payment Method, we will make a second attempt to process payment using any Authorized Payment Method 5 days later. If the second attempt is not successful, we will make a final attempt 5 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your webs tore during any period of suspension. If the outstanding Fees remain unpaid for 45 days following the date of suspension, Markmybook reserves the right to terminate your web store / Account.
All Fees are exclusive of applicable Tax under the Central Goods and Services Tax Act, 2017
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Markmybook’s products and services.
Markmybook is a gateway to and for Indian literary community hence the taxes are calculated using the tax rates applicable as per Indian laws.
Markmybook does not provide refunds.
Cancellation and Termination
You may cancel your Account and terminate the Terms of Service at any time by contacting markmybook support and then following the specific instructions indicated to you in the response.
Upon termination of the Services by either party for any reason:
markmybook will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to Markmybook for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
your Store website will be taken offline.
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Markmybook Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
Fraud: Without limiting any other remedies, Markmybook may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
Third Party Services
Markmybook may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use.
Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
Any use by you of Third Party Services offered through the Services, is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
In some instances, Markmybook may receive a revenue share from Third Party Providers that Markmybook recommends to you or that you otherwise engage through your use of the Services, Markmybook Experts, Experts Marketplace or Markmybook’s website.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Markmybook has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services.
The integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Markmybook.
Markmybook does not guarantee the availability of Third Party Services and you acknowledge that Markmybook may disable access to any Third Party Services at any time in its sole discretion and without notice to you.
Markmybook is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.
Markmybook strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Markmybook is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Markmybook is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall Markmybook be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Markmybook has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Markmybook partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third party services so use them at your own risk. If you use Third Party Services on the Markmybook platform, you permit us to send your data to those services. If you use Third Party Services you agree that we do not provide a warranty, so get advice beforehand.
From time to time, Markmybook may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which Markmybook will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Markmybook Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Markmybook’s prior written consent. Markmybook makes no representations or warranties that the Beta Services will function. Markmybook may discontinue the Beta Services at any time in its sole discretion. Markmybook will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. Markmybook may change or not release a final or commercial version of a Beta Service in our sole discretion.
Markmybook supports the protection of intellectual property and asks Markmybook merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Markmybook’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
Third Party Rights
Safeguard for markmybook web store owners,users and its affiliates, markmybook Users or anyone accessing markmybook services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Privacy & Data Protection
Mark My Book LLP
6/5, Opp. JPH School Gate No.7,
Pincode - 302021