1.1. Welcome to BibliU. These terms and conditions (the Terms) set out the basis on which you may browse our website www.bibliu.com (the Site) and access the e-textbooks on the BibliU app (App). They also apply to any subscription to the content, products and services available on the App (Content).
1.2. This Site and App are owned and operated by BibliU Ltd, with registered no. 09334024 and registered address at BibliU, 237 Pentonville Rd, London N1 9NJ, UK (we, us or our).
1.3. Your use of the Site and App will be governed by these Terms and any other documents contained in these Terms, which will form a legal contract between us and you. By browsing or using the Site and App you are agreeing to be legally bound by the Terms.
1.4. If you would like to contact us for any reason please do so using the following details:
Address: c/o BibliU, 237 Pentonville Rd, London N1 9NJ, UK
2.1. We may revise the Terms from time to time in the event that changes in relevant laws and regulatory requirements or there are changes to our business practices.
2.2. If you are an existing customer we will email you and give you reasonable advance notice of any changes to these Terms before they take effect. You can choose to cancel a subscription in accordance with Clause 7 if you are not happy with these changes.
2.3. Your use of the Site and App will be subject to the most recent version of the Terms available on the Site and App. We recommend that you read through the Terms available on the Site and App regularly so that you can be sure that you are aware of any changes that may apply to you.
3.1. Access to the Site and App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site or App without notice to you.
3.2. You must not misuse the Site or App by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or App, the server on which the Site and App is stored or any server, computer or database connected to the Site or App. You must not attack the Site or App via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and App will cease immediately.
3.3. You are responsible for making all arrangements necessary for you to have access to the Site and App.
4.1. To access our Content made available on the App, you will need an account which will be provided by your university or other educational institution (your Authorising Institution) or you can set one up yourself by following the SIGN UP instructions shown on the App. You will be required to provide personal information about yourself (including name, university email address, password, and phone number). You may have up to 3 devices linked to your account.
4.3. You agree to not share your account password, and to keep your password confidential. You must notify us immediately in the event of any security breach or unauthorised use of your account.
4.4. We may terminate access to your account at any time if you have breached these Terms.
5.1. Unless your account is provided by your Authorising Institution, you will need to read this Clause 5 and Clause 6 carefully as they will apply to you and your account.
5.2. We currently offer rent-to-own plans, recurring basic monthly subject subscription plans and free tier access and may offer different subscription options in the future. Ownership and subscription plans are as detailed in the Subscriptions section of the App. We may also offer free trial periods from time to time for limited periods, as advertised, for which no fees shall be payable.
5.3. Rent-to-own plans shall be paid by twelve monthly instalments, with the first instalment due upon activation of your access to the relevant e-textbook. You acknowledge and agree that we are authorised to charge the same credit card or other payment method as was used for the initial payment for equal monthly instalment amounts. Upon our receipt of your twelfth instalment, you will be granted perpetual access to the relevant e-textbook on the App. Refunds cannot be claimed for any partial plan period.
5.4. Basic monthly subscriptions shall be paid in advance by monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that we are authorised to charge the same credit card or other payment method as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly subscription fee will continue to be billed automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee. Refunds cannot be claimed for any partial-month subscription period.
5.5. Please ensure that you read these Terms carefully, and check that the details in your order are complete and accurate, before you submit the order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
5.6. When you submit any order to us, this does not mean we have accepted your order. All orders are subject to availability and confirmation of the order price. Payment will be taken once the order has been accepted and you will receive an email confirming that your order has been accepted and your access activated. A legally binding contract between us under which we will permit your access to Content will only be formed when we send you this confirmation.
5.7. We will use our reasonable endeavours to ensure that all prices and details of the Content listed on the Site and App are correct, however errors may occur. We will notify you as soon as possible in the event that there has been an error, and you will be given an option of confirming the order with the correct price, or cancelling the order and receiving a full refund. If we are not able to contact you after reasonable attempts have been made, we will treat the incorrect order as cancelled, and you will receive a full refund.
5.8. All fees are inclusive of VAT (if applicable). You may only pay using the methods of payment displayed on the payment page, no other methods of payment will be accepted. Payment will be in pounds sterling (£) only.
6.1. As a consumer, you have legal rights in relation to Content that is faulty or not as described. We are under a legal duty to supply our services and the Content with reasonable care and skill. Nothing in these Terms shall affect your statutory rights. For more information please see https://www.citizensadvice.org.uk/.
6.2. You will be entitled to a pro-rata refund if you cancel your subscription within 14 days of purchasing your subscription. If you wish to cancel your subscription after 14 days of purchasing your subscription you will not be entitled to a refund of your subscription fees. To cancel your subscription please go to your account information, and under “Subscriptions” please follow the instructions. Alternatively you may email us at firstname.lastname@example.org with information about the subscription you wish to cancel.
6.3. We may terminate your access to Content at any time if you have breached these Terms, and you will not be entitled for a refund of any subscription fees.
6.4. We will only make refunds to the same method of payment which you used to make your purchase.
7.1. We are the owner or the licensee of all intellectual property rights in the Site, App and Content. You may not:
7.2. If you copy or use any part of the Site, App or Content in breach of the Terms, your right to use the Site and App and to access the Content will cease immediately and you must destroy any copies of the materials you have made.
9.1. If you have any queries or complaints about the Site, App or Content, please contact us using the contact information as detailed in Clause 1.4. We will use reasonable efforts to respond to you promptly.
9.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.
10.1. You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You are not permitted to link to any page of the App or Content. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the Site in any website that is not owned by you.
10.2. We reserve the right to withdraw linking permission without notice.
10.3. Where the Site or App contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway.
11.1. We do not guarantee that the Content, Site and App will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Content, Site and App will be free from errors or omissions.
11.2. Content is provided by our licensors who may need to replace or remove any Content from time to time for reasons including but not limited to intellectual property infringements or licensing requirements. We shall use reasonable endeavours to notify you prior to such removal. Removal of any Content specified as part of a rent-to-own plan will be subject to your rights to retain access to such Content.
11.3. Neither we nor our licensors shall be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to provide the Site or App to you due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour or materials or a failure of public or private telecommunications networks.
11.4. If an event outside of our reasonable control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control.
11.5. You may cancel the contract if an event outside of our reasonable control takes place and you no longer wish us to provide access to the Content. Please see your cancellation rights under Clause 6. We will only cancel the contract if the event outside of our reasonable control continues for longer than four weeks in accordance with our cancellation rights in Clause 6.
11.6. If your account has been provided by your Authorising Institution, we may suspend or terminate your access to Content at any time without notice to you on the instruction of, or otherwise in accordance with terms agreed with, your Authorising Institution.
12.1. Whenever you make use of a feature that allows you to upload content to our Site or App, or to make contact with other users of our Site or App, you must not and warrant that you shall not submit material which: is defamatory, obscene, offensive, hateful or inflammatory; promotes sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trade mark of any other person; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promotes any illegal activity; is threatening, abuse or invade another’s privacy, or causes annoyance, inconvenience or needless anxiety; is likely to harass, upset, embarrass, alarm or annoy any other person; advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
12.2. If your content which you upload to our Site or App does not meet the above requirements, you will be liable to us and indemnify us for any breach of the warranty that you give. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
12.3. Any content you upload to our Site or App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us and other users of our site a licence to use, store and copy that content and to distribute and make it available to third parties during and after the term of your subscription.
12.4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site or App constitutes a violation of their intellectual property rights, or of their right to privacy.
12.5. We have the right to remove any posting you make on our Site or App if, in our opinion, your post does not comply with the requirements set out above.
13.1. You acknowledge that the Content, Site and App have not been developed to meet your individual requirements. You agree not to use the Content, Site or App for resale purposes.
13.2. We only supply the Content for domestic and private use. You agree not to use the Content for any commercial, business or re-sale purpose, and we have no liability to you for any unforeseeable loss or damage, such as loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but neither we are nor our licensors are responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.4. Nothing in these Terms excludes or limits our liability for:
14.1. The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.
14.2. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
14.3. If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
14.4. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
14.5. These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and the non-exclusive jurisdiction of the English Courts.