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App Terms And Conditions


Terms and Conditions

Last updated: March 05, 2019

These Terms and Conditions ("Terms", "Terms and Conditions") govern your
relationship with Marlena Books mobile application (the "Service") operated
by Marlena Books Inc. ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our Marlena
Books mobile application (the "Service").
Your access to and use of the Service is based on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and
accept all legal consequences. If you do not agree to these terms and
conditions, in whole or in part, please do not use the Service.
Purchases
If you wish to purchase any product or service made available through the
Service ("Purchase"), you may be asked to supply certain information
relevant to your Purchase including, without limitation, your credit card
number, the expiration date of your credit card, your billing address, and your
shipping information.
You represent and warrant that: (i) you have the legal right to use any credit
card(s) or other payment method(s) in connection with any Purchase; and
that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the
information to third parties for purposes of facilitating the completion of
Purchases.
We reserve the right to refuse or cancel your order at any time for certain
reasons including but not limited to: product or service availability, errors in
the description or price of the product or service, error in your order or other
reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised
or illegal transaction is suspected. We will not be held responsible or liable for
any failure for the Purchase to complete, or any resulting loss or damages to
you.
Availability, Errors and Inaccuracies
In order to provide exceptional service, and accuracy, we regularly update
the products and services on the Service.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability, and
services. We reserve the right to change or update information and to correct
errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service
may have an error regarding the price, be inaccurately described, or be
unavailable.
We may experience delays in updating information on the Service and in our
advertising on other websites.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions")
made available through the Service may be governed by rules that are
separate from these Terms. If you participate in any Promotions, please
review the applicable rules as well as our Privacy Policy. If the rules for a
Promotion conflict with these Terms, the Promotion rules will apply.
Promotions may be available for a limited time.
Subscriptions
Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and periodic
basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual
basis, depending on the type of subscription plan you select when purchasing
a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or Marlena Books Inc.
cancels it. You may cancel your Subscription renewal either through your
online account management page or by contacting Marlena Books Inc.
customer support team.
A valid payment method, including credit card, is required to process the
payment for your Subscription. You shall provide Marlena Books Inc. with
accurate and complete billing information including full name, address, state,
zip code, telephone number, and a valid payment method information. By
submitting such payment information, you automatically authorize Marlena
Books Inc. to charge all Subscription fees incurred through your account to
any such payment instruments.
Should automatic billing fail to occur for any reason, Marlena Books Inc. will
issue an electronic invoice indicating that you must proceed manually, within
a certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
Free Trial
Marlena Books Inc. may, at its sole discretion, offer a Subscription with a free
trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for
the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you
will not be charged by Marlena Books Inc. until the Free Trial has expired. On
the last day of the Free Trial period, unless you cancelled your Subscription,
you will be automatically charged the applicable Subscription fees for the
type of Subscription you have selected.
At any time and without notice, Marlena Books Inc. reserves the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free
Trial offer.
Fee Changes
Marlena Books Inc. , in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
Marlena Books Inc. will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes
into effect constitutes your agreement to pay the modified Subscription fee
amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Accounts
When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your
account on our Service.
You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized
use of your account.
Intellectual Property
The Service and all contents, including but not limited to text, images,
graphics or code are the property of Marlena Books Inc. and are protected by
copyright, trademarks, database and other intellectual property rights. You
may display and copy, download or print portions of the material from the
different areas of the Service only for your own non-commercial use, or to
place an order with Marlena Books Inc. . Any other use is strictly prohibited
and may violate copyright, trademark and other laws. These Terms do not
grant you a license to use any trademark of Marlena Books Inc. or its
affiliates. You further agree not to use, change or delete any proprietary
notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not
owned or controlled by Marlena Books Inc. .
Marlena Books Inc. has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that Marlena Books Inc. shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such websites or
services.
We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without
prior notice or liability, for any reason whatsoever, including, without
limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you
wish to terminate your account, you may simply discontinue using the
Service.
Indemnification
You agree to indemnify, defend and hold harmless Marlena Books Inc. , its
principals, officers, directors, representatives, employees, contractors,
licensors, licensees, suppliers and agents, from and against any claims,
losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting
from your use of the Service; (b) your breach of any of these Terms; (c)
anything you post on or upload to the Service; and (d) any activity related to
your account. This includes any negligent or illegal conduct by you, any
person or entity accessing the Service using your account whether such
access is obtained via fraudulent or illegal means.
Limitation Of Liability
Marlena Books Inc. , its directors, employees, partners, agents, suppliers, or
affiliates, shall not be liable for any loss or damage, direct or indirect,
incidental, special, consequential or punitive damages, including without
limitation, economic loss, loss or damage to electronic media or data,
goodwill, or other intangible losses, resulting from (i) your access to or use of
the Service; (ii) your inability to access or use the Service; (iii) any conduct or
content of any third-party on or related to the Service; (iv) any content
obtained from or through the Service; and (v) the unauthorized access to, use
of or alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other claim in law, whether or not
we have been informed of the possibility of such damage, and even if a
remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Marlena Books Inc. makes no guarantees, representations or warranties of
any kind as regards the website and associated technology. Any purportedly
applicable warranties, terms and conditions are excluded, to the fullest extent
permitted by law. Your use of the Service is at your sole risk. The Service is
provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided
without warranties of any kind, whether express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular
purpose, non-infringement or course of performance, except as provided for
under the laws of any province in Canada. In such cases, the provincial law
shall apply to the extent necessary.
Marlena Books Inc. its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c) the
Service is free of viruses or other harmful components; or d) the results of
using the Service will meet your requirements.
If you breach any of these Terms and Marlena Books Inc. chooses not to
immediately act, or chooses not to act at all, Marlena Books Inc. will still be
entitled to all rights and remedies at any later date, or in any other situation,
where you breach these Terms. Marlena Books Inc. does not waive any of its
rights. Marlena Books Inc. shall not be responsible for any purported breach
of these Terms caused by circumstances beyond its control. A person who is
not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under
these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you. Provincial
laws of Canada may apply to certain products and service provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced in
accordance with, the laws in the Province of Ontario and the laws of Canada,
as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a
court of competent jurisdiction, then any remaining provisions of these Terms
will remain in effect. These Terms constitute the entire agreement between us
regarding our Service, and supersede and replace any prior agreements, oral
or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will make reasonable efforts to
provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
Contact Us
If you have any questions about these Terms, please contact us at
info@marlenabooks.com.