TERMS AND CONDITIONS FOR CUSTOMERS
SECTION 1 – OVERVIEW
These Terms and Conditions (“Terms”) sets out the terms, policies, rules, and conditions through which our website (“website”, “platform”, “website”) Shop AudioBooks provides its services. Our website is an easy-to-use website for Customers for shopping for digital audiobooks and related digital content. In this document the terms such as “we”, “our”, “us” will be referred to Shop AudioBooks’ website, while the terms such as “you”, “user” “member” will be directed towards anyone who is using our website as a Customer. Please note that your access to and use of the service is conditioned upon your acceptance of and compliance with these terms and it creates a contractual relationship between you and Shop AudioBooks’ website and e-Audio Productions LLC.
Shop AudioBooks reserves the right, without limitation, to terminate, limit, modify, or cancel any term stated here, at any time, with or without notice.
SECTION 2 – USER AGREEMENT
SECTION 3 – EXPLANATIONS AND DEFINITIONS
Section 2 of our Terms and Conditions for Sellers should be read together in order to understand relative terms used in our website and in our documents.
SECTION 4 – ELIGIBILITY AND REQUIREMENTS
4.1. Age Requirement
You must be over 18 in order to use our website and services. Also, to be in compliance with the COPPA we do not knowingly collect any personal data from anyone under the age of 13 and If you are under the age of 13 and want to use our services, you must provide us with your parents’ or guardians’ consent that they have consented that you may use the website.
a. Notice To Parents: You can let your child use this website with your consent.
SECTION 5 – PAYMENT AND CANCELLATION POLICY
Whenever you as a Customer use our services, it will be according to the rules and regulations. The payment will be according to the payment plan which is accessible through PayPal. The Customer will pay before the purchase of the digital content listed by the seller and unless otherwise advertised all payments will be paid in full. All the payments will be made according to our payment policy.
5.1 – Rules Of Our Payment Policy:
The prices vary from seller to seller and depend on the particular sellers or authors and their work. We do not control the prices determined by a Seller.
The mode of payment will be through PayPal.
All amounts will be directly credited to the Seller. We do not take any commission, fee or percentage on the amount.
5.2. Refund Policy
Since the digital books will be available instantly in perpetuity to the Customer, therefore there aren’t any refunds granted to any buyer, customer or user.
SECTION 6 – DISCLAIMER OF WARRANTIES
By participating and using the services of our website, each Customer, buyer or user, in general, accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless our website and our respective parent company, subsidiaries, affiliates, agents and advertising agencies, including, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers harmless from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such users’ participation in the program, or for any harm or injury caused by any third party.
SECTION 7 – LEGAL DISCLAIMER
By using our services, all users (including Customers and Sellers) understand that our website is not the original publishing company or original content creator, but it is only a platform for the users who are neither employees nor associates of our website. Therefore, it would be upon the users to handle every possible outcome of the transaction they have made via our website.
We are only responsible for our website in case our website causes any problems or issues to any user. But even in that case, we will make sure whether the website was being used properly and according to guidelines and whether any users have revealed any account information (such as passwords, personal information, etc) to anyone. Thereby, if a user of our services is found to be responsible, we will not be held responsible for any damage. By using our website and our services you are acknowledging that you are participating of your own free will in using Shop AudioBooks’ website and using any of our services. You submit, affirm and confirm that you’ll use your own due diligence and judgment before attaining any services provided through our website. We cannot foresee or administer any meeting that may take place between the two people and potential customers and business owners who have met through our website therefore we cannot guarantee anyone’s safety for any reasons whatsoever, therefore, it is up to the users to discern any risks associated with any listing before initiating or taking any step in a forward direction. In any case, Shop AudioBooks’ website and e-Audio Products LLC will not be held liable for any accident, assault, mishap, fraud, or any other wrongdoing.
All users hereby affirm, confirm and consent that our website, its owner(s), the team members, employees, and their affiliates cannot and will not in any way be held accountable –legally or otherwise– for any job that was provided through our website. By using and working through our website, all users hereby acknowledge and agree that any legal claims, lawsuits, legal actions, complaints, or judicial proceedings resulting from any task, transaction, or violation of the law can only be filed against a person who was directly involved in that particular task, transaction, job or violation of law and our platform will not be involved in any legal claim, lawsuit, legal action, complaint or judicial proceeding resulting from any such order, task, violation or job.
SECTION 8 – THIRD-PARTY LINKS DISCLAIMER
Certain content and services available via our services may include materials from third parties. Third-party links on this site may direct you to third-party platforms and links that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party content, materials or platforms.
SECTION 9 – LIMITATION OF LIABILITY
In no event will the owner(s), staff, team members, officers, employees, affiliates, agents, service providers and licensors of Shop AudioBooks and our Company be liable with respect to any subject matter of our website under any contract, negligence, strict liability, or other legal or equitable theory for anything that a business owner or a customer might do or say on and through our website. Furthermore, the owner(s), staff, team members, officers, employees, affiliates, agents, service providers or licensors of our website will not be liable for any special, consequential, indirect, incidental, punitive damages or lost profits to anyone, however, caused and on any theory of liability (including negligence) arising in any way out of services and the website of Shop AudioBooks.
SECTION 10 – DISPUTES AND COMPLAINT HANDLING PROCEDURE
Any Disputes arising out of any issues or problems related to our website shall be handled through the mediation process. Please note that nothing contained in these Terms and Conditions will hinder the statutory or legal rights of any person or entity; however in case of dispute the following procedure will be implemented as the first choice.
If any user has a complaint or dispute under or in respect of the subject matter of these our website, it’s working or the user is aggrieved for any other reasons, the grieved user may, within 3 business days of the complaint or dispute arising, give written notice (complaint notice) to us.
The complaint notice must also be sent to the email: firstname.lastname@example.org.
If the dispute or complaint is not resolved within 10 business days of receipt by the other user of the complaint notice (or such further period as agreed in writing by the users) the dispute or complaint must be referred to the chief executive officer of the Shop AudioBooks’ website who must meet in a bona fide attempt to resolve the dispute or complaint.
All users, services providers and professionals must continue to perform their obligations while the complaint is being handled during this period.
Please note that alternate dispute resolutions replace the right to go to court. All users of our website understand and hereby agree and acknowledge that by using our services, users are waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this dispute and complaint handling clause, the users might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. According to this clause any dispute arising from our services shall be resolved through dispute handling procedure and arbitration and mediation as stated in the United States’ Civil Procedure Code.