Terms of Use

 This non-exclusive Service Agreement (the "Agreement") contains the complete terms and conditions that apply to your participation in the MomSays.co.in self-publication (the "Program") and the distribution of the published works. 

1. DEFINITIONS

“Program” includes all content published by reason of your participation in the MomSays.co.in self-publication, as well as :

  • the terms set forth below
  • the Pricing Page
  • all rules and policies for participating in the Program provided on website ("Program Policies")
  • the website Conditions of Use  and 
  • the Privacy Notice.

"Content" means any and all literary works you deliver to us relative to a Book, including the Book name and excerpts (“descriptive materials").

"You" means the person or entity accepting this Agreement. In order to use the Services you must:

  • Have registered for an account at our web site, the homepage of which is at MomSays.co.in (together with any successor or replacement website, the "Site") by providing your real first and last name, valid address, valid phone number, valid e-mail address and any other required information; and
  • Be able to lawfully enter into contracts.
2. ACCEPTANCE OF AGREEMENT

You accept this Agreement and agree to be bound by its terms by either (i) clicking agree or accept where you're given the option to do so or

(ii) by using the Program, or any part of it.

If you don't accept the terms, you are not entitled to use the Program. 

3. SERVICES

3.1 Book creation:    

i.) MomSays.co.in provides services of self publishing of your  content/literary works.

ii.) MomSays.co.in also provides you the option of using the artistic works of MomSays.co.in including and not limited to drawings, sketches, paintings, designs and the like to make your content more appealing.

3.2 Bookstore:               

i.) You can avail of various worksheets’ for children which are available on the bookstore subject however to terms and conditions as mentioned hereunder.

ii.)You can choose to buy a book from the books available on our bookstore including books created by customers as well as books created and published by MomSays.co.in.

3.3  Extended Distribution

MomSays.co.in may at its sole discretion provide Extended Distribution Services to its customers by liaising and entering into agreements with online retailers to sell the customer’s Books for an additional fee.

3.4. Use of Website Services/Posting Content:

Website Service  means where we provide areas of the website to post and exchange views, information, ideas and opinions (“Postings”), such as the Blog,  Book Reviews section, the Author Questions and Answers section or e-mail function (including, but not limited to, electronic greeting cards, stock illustrations, worksheets, books ) offered as part of our website.  The Postings do not represent the views of MomSays.co.in. We are not responsible for the content or opinions posted or sent by users in any Services. We may randomly pre-screen Postings and therefore not all Postings submitted will necessarily be posted via our Services, nor can we guarantee a response to a question posed to the Author Questions and Answers section. Every effort will be made to ensure that our website best serves your interests and those of all users. We therefore reserve the right to vet, monitor, remove, suspend, destroy and change any Postings and/or content that is available on our Services.

4. DELIVERY OF CONTENT

4.1 Once you have registered as a member on the Site, you can submit the content (literary work) of the Book/Work along with the particulars of the style in which the Book/Work is sought to be printed/ published by you.

4.2 On receipt, the content shall be scrutinized by MomSays.co.in to ensure that it conforms to the requirements as set out herein below.

4.3 If the content does not meet the requirements, you shall take steps to correct the deficiencies therein.

4.4 On successful scrutiny MomSays.co.in shall then customize illustrations for the book/work. It is expressly clarified that the illustrations and other artistic works used in the book vest in MomSays.co.in and forms part of its stock image library.  You understand and acknowledge that these illustrations and other artistic works may be used or may have already been used by MomSays.co.in in respect of books/works created for other customers.

4.5 The content along with the illustration would be sent to you for approval.

4.6 On receipt of your approval the book/work would then get printed/ published.

4.7 If the service is availed of by you, you’re book will be hosted on our website (Bookstore).

4.8 For each Book/work you set up, you will send the applicable Content and descriptive materials in accordance with the requirements (which we may update from time to time), via electronic upload.

4.9 You agree to abide by, and all Content you provide to us under this Agreement will comply with, the procedures, policies, and guidelines contained in the pages for use of the Program, as well as any Service-specific terms and conditions on the Site. The procedures, policies, and guidelines contained in pages explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the site to understand the current procedures and guidelines for use of the Services and to be sure that your Books are eligible for listing via the Services.

5. CONTENT REJECTION AND REMOVAL

MomSays.co.in may, at its sole discretion, at any time, and without notice to you (a) reject Content; or (b) remove, or refuse to list or distribute any Content on the Bookstore if any violation of this Agreement and MomSays.co.in conditions is noticed. You will remain liable for all fees and other amounts that you may owe under this Agreement in connection with any Books MomSays.co.in removed because of a violation of this Agreement or MomSays.co.in conditions. You may withdraw your Books from the Bookstore Services by giving 30 days written notice. However, MomSays.co.in shall have the right to fulfill any Customer orders pending as of the date on which the notice is received by MomSays.co.in.

6. PUBLICATION, SALE, AND PROMOTION

6.1   MomSays.co.in may, at its sole discretion publish the Book/Work.

6.2   Once you have decided to sell a book on MomSays.co.in and select the number of copies to be printed, MomSays.co.in shall ensure printing and management of your orders for the fee prescribed.  There is no cancellation facility available once you pay for publishing on MomSays.co.in. You are also not permitted to change the number of copies to be printed for an order already placed.

6.3 Once you have subscribed for our worksheets you cannot cancel the subscription. No extension of subscription will be provided in case of non- usage or low usage of the subscription.

6.4     Please note that in case you have chosen to publish your book/work or subscribe to our works sheets with the OpenDyslexic typeface (a typeface designed to make reading easier for some symptoms of dyslexia. Read more on http://opendyslexic.org.), MomSays.co.in does not warrant or guarantee the efficacy of the third party font and momsay.co.in shall in no manner be responsible for any shortcoming or deficiency thereto.

7. PRICING

7.1 Books creation – bookit tool

The services include – designing of books as per style selected and content provided by the customer, content editing and checking (if the option is selected by the author), printing of the books as per specification of size, paper and binding as selected by the user, courier of the printed copy to the customer

7.2 Price –

i. A flat fee of Rs. 9,000 is chargeable for creating the Book/Work of upto 24 pages.

ii.  Publishing of additional copies shall be chargeable depending upon the batch size of the Book/work.

iii. Additional cost will be payable if the customer avails of the services of content editing and checking. The costs shall be calculated on the word count of the content.

iv. Additional delivery charges will be payable for each additional batch printed.

7.3  Books created on MomSays.co.in

In the event that the customer avails of the Bookstore services of MomSays.co.in to sell his Book/work, the Customer can:

i. Set the price at which he/she wants to sell the Book/Work to other customers.

ii. MomSays.co.in will give all the costs upfront so the customer can decide at what price to sell his/her book. The costs will be the following:

a. Fixed – Printing of batches of books. Number of books in each batch as mentioned above.

b. Cost of Warehousing, maintaining inventory and fee of cost to MomSays.co.in. These are fixed costs for the batch size of books printed.

c. Variable costs of payment gateway for sale made.

7.4 The payment made to the Customer in respect of sale of the book//work shall be the price set by the Customer minus the above fixed and variable costs.

7.5 The payment to the Customer shall be made on the 15th of every month in respect of the sales made in the previous calendar month. in which the sale is made.

7.6 The Customer shall provide correct bank details and other supporting documents as required before any payment can be made.

7.7  In the event that the customer wants additional copies of the book he/she has made using the customized service, Only costs requisite batch printing charges and delivery charges shall be payable.

8. CANCELLATION AND REFUNDS POLICY

8.1 MomSays.co.in shall endeavour that they meet your expectations though proper feedback mechanisms while books are being developed for you or when you buy a book/work. However, you may choose to cancel your order. MomSays.co.in cancellation and refund policy gives you the flexibility of cancelling your order at various stages of the book development process.

i. Stage 1- You may cancel the order within 3 days of content submission. This is the period within which you can also review and change your content. If you cancel at this stage a transaction fee of 10% of total price will be deducted and 90% of the total price shall be refunded.

ii. Stage 2- After 3 days of content submission MomSays.co.in shall check the content to ensure it is compliant with and conforms to MomSays.co.in terms and conditions. If MomSays.co.in recommends changes you may

  1. Either change it, and it goes through Stage 1 process again; Or
  2. You may choose to cancel the order. At this stage MomSays.co.in will deduct 25% of the total price as cancellation charges.

iii. Stage 3 - Once the book has been designed and ready for you to view, you may cancel the order and MomSays.co.in will refund 25% of the total price.

iv. Stage 4- If you don’t cancel the order at stage 3, and give MomSays.co.in feedback with changes. MomSays.co.in shall incorporate those changes. After which you can view your amended Book/work. If you choose to cancel the order you can do so and MomSays.co.in will refund 25 % of total price.

v. Once you have given MomSays.co.in an order to print or re-print, you cannot cancel the order.

9. TAXES

Each Party shall make payments to the other party after deducting all applicable taxes and duties that they are required to under any law in force.

10. LICENSES AND OWNERSHIP

10.1 Content

i. You shall at all times be the owner of the content submitted by you. Subject to your retained control and ownership of your Content, in order to enable us to provide you with the Services on your behalf, you grant to us a nonexclusive license, during the term of this Agreement, to (a) create digital versions of the Content you provide in nondigital format; (b) create a digitized version of the Content that we will use to create a Unit (each, a "Source File"); (c) with respect to Books, print, distribute and sell your Book through MomSays.co.in, (d) reformat, reproduce, and distribute your Content through MomSays.co.in in digital form on physical media, (e) reformat for online delivery, reproduce and distribute your Content through MomSays.co.in.

ii. We may broadly integrate the descriptive materials into MomSays.co.in website and they may appear in several places on the MomSays.co.in website. By way of example and not limitation, the descriptive materials may appear on program detail pages, in search results, in customer browsing and buying history, and in routine, automated and community-driven merchandising features such as recommendations. MomSays.co.in use of the descriptive materials may become integral to MomSays.co.in throughout the term of this Agreement and will continue beyond the term of this Agreement even though we will no longer publish or sell the books after the term of this Agreement. Therefore, notwithstanding anything to the contrary herein, for descriptive materials, the license you grant us will be perpetual and royalty-free. For contracted inventory, we may distribute and sell your books through MomSays.co.in bookstore until we have sold all books that MomSays.co.in published during the term of this Agreement.

iii. You further grant us permission to cause such transmission, reproduction and other use of the Content as mere technological incidents to and for the limited purpose of technically enabling the rights licensed to us under this Agreement (including, but not limited to, caching to enable display and transfer and encoding supplemental copies of Books in alternate formats).

10.2 Books/Worksheets

i.  MomSays.co.in is and shall remain the owner of all right, title and interest in the Books (save and except the copyright in the content) and all right title and interest in and to the Worksheets including all copyright in the artistic works and published works, trademark, service mark, mask work or other intellectual property or proprietary right (collectively, "Intellectual Property Rights") therein including the underlying rights in and to the templates and other materials created, provided or used by MomSays.co.in under this Agreement.

11. NO GRANT OF LICENSE BY US

For the avoidance of doubt, we do not hereby grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names. Additionally, you may not in any way use MomSays.co.in IP, including without limitation for the purpose of issuing any press release or other activity that may be considered promotional or marketing related.

You may not use, modify, copy, distribute, transmit, communicate to the public, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any illustrations, art work of illustrations, styles, images, graphics, files, software, products, information, content , illustrations or services obtained from this website without our prior written permission. You may not frame any content from this website with advertising, promotional material, information or other content without our prior written consent. You may not replicate the book as designed and developed by MomSays.co.in by using the services of any other provider/publisher/author without the prior written permission and consent of Mom Says Pvt. Ltd.

12. PASSWORD SECURITY ACCOUNT INFORMATION NO MULTIPLE ACCOUNTS

Your password for the Site may be used only to access the Site, use the Services, electronically set up your Books, and review any reports, records, or other features we make available to you. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password on the Site. If your password is compromised, you will change your password. You must ensure that all information you provide in connection with establishing your account, such as your name, address and email, is accurate when you provided it, and you must keep it up to date as long as you use the Services. You may maintain only one account at a time. If we terminate your account, you will not establish a new account. You will not use false identities or impersonate any other person or use a username or password you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify account information you provide. You also consent to us sending you emails relating to the Program and other publishing opportunities from time to time. This takes precedence over any directions you may have given us, including through any MomSays.co.in affiliate web site.

13. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

13.1    you have the full power and right to enter this Agreement and you are of the age of majority in your jurisdiction of residence, or you are Sixteen years of age or older or you have obtained your parent or guardian’s permission before you submit any content or post;

13.2   You are the sole author of the content;

13.3    If you are not the author or sole author of the content you have obtained all rights necessary to grant the rights granted to MomSays.co.in in this Agreement;

13.4   You have not assigned, pledged or otherwise encumbered the rights granted in this Agreement;

13.5  The content is an original work and does not and will not infringe any intellectual property rights or any other proprietary or personal right of any person, including, without limitation, trade-mark rights, patent rights and rights of personality and privacy;

13.6    The content does not and will not contain material that is defamatory, malicious or otherwise harmful so as to subject MomSays.co.in to liability to any third party or otherwise be contrary to law;

13.7   The content does not and will not contain any reference to any identifiable third parties, unless consent has been obtained from each such individual;

13.8   The content does not and will not violate any law;

13.9   The content does not and will not contain derogatory characterizations of any real ethnic, racial, sexual, religious or other groups;

13.10  The content does not and will not contain personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic);

13.11  The content does not and will not contain any identifiable third party programs, trademarks, brands or logos, and does not and will not contain advertisements for any real organizations, persons, programs or services;

13.12  The content does not and will not: (i) contain any material that violates any other agreement to which you are a party; (ii) include or disclose any information given to you on the understanding that it would not be published; or (iii) include any information that has been obtained unlawfully; and

13.13  You agree that MomSays.co.in has relied on these representations and warranties in entering into this Agreement and will be entitled to rely on same in dealing with any third party in connection with the exercise or disposition of any rights in the Work. Each of the foregoing representations and warranties will survive the termination of this Agreement.

14. INDEMNIFICATION

14.1 Indemnification

You will indemnify, defend and hold MomSays.co.in and our affiliates (and the respective employees, directors, members, managers and representatives of each) harmless from and against any and all claims, judgments, damages and expenses (including without limitation reasonable fees of Advocates & Solicitors) arising out of any breach or alleged breach by you of the terms of this Agreement, representations and warranties made by you including without limitation the terms contained within the  pages and the guidelines and Privacy notes, which are incorporated herein by reference.

15. AMENDMENT NOTICE OF CHANGES.

We reserve the right to change the terms and conditions contained in this Agreement, other Service-specific terms and conditions, or any policies or guidelines governing the Services, including without limitation, any of the information posted on the Site at any time and in our sole discretion. Any changes to the Site, including Service-specific terms and conditions, or policies and guidelines referenced in this Agreement, will be effective upon posting of such revisions on the Site and without notice to you. We will, however, post a notice of any changes to this Agreement on the Site for at least thirty (30) days after the changes are effective. You are responsible for regularly reviewing the Site for changes and notice of any changes. Changes to referenced policies and guidelines or any other information in any Programs, Help, or other web pages may be posted without any other notice to you. Your continued use of the site and the services following our posting of any changes to the agreement on the site will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this agreement or the site, do not continue to use the services or the site.

16. DISCLAIMER OF WARRANTIES

16.1 The website and all digital content, including, without limitation, all services, functions and materials, is provided "as is," "without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, and any warranties of books, non-infringement, merchantability or fitness for a particular purpose, and we disclaim any and all such warranties, express and implied. we do not warrant that the site or the services, digital content, functions or materials will be timely, secure, uninterrupted or error free, or that defects will be corrected. MomSays.co.in makes no warranty that the site will meet users' requirements. No advice, results or information, whether oral or written, obtained by user from MomSays.co.in or through the site shall create any warranty not expressly made herein. mom says  also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, user's computer equipment or other property on account of user access to, use of, or browsing in the site or user downloading of any materials, illustrations , data, text, images, from the site.

16.2 MomSays.co.in trys to ensure that the information posted on the site is correct and up-to-date. MomSays.co.in reserve the right to change or make corrections to any of the information provided on the site at any time and without any prior warning. MomSays.co.in cannot, and do not, guarantee the correctness, precision, thoroughness or completeness of any of the information available on the site, nor will we be liable for any inaccuracy or omission concerning any of the information provided on the site.

17. TERM TERMINATION

17.1 The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you. MomSays.co.in is entitled to terminate this Agreement and your access to your Program account at any time. We will notify you upon termination. You are entitled to terminate this Agreement at any time by providing us notice of termination, in which event you will be entitled to the refund as set out in clause 8 hereinabove, if applicable.  MomSays.co.in may also suspend your Program account at any time with or without notice to you, for any reason in our discretion. Following termination or suspension, MomSays.co.in may fulfill any customer orders for your books/works pending as of the date of termination or suspension, and we may continue to maintain digital copies of your  Books/works in order to provide continuing access to or re-downloads of your Books or otherwise support customers who have purchased a Digital Book prior to termination or suspension. All provisions of this Agreement that by their very nature are meant to survive will survive termination. All rights to Digital Books acquired by customers will survive termination. 

17.2 Validity of these Terms

If any part or provision of these Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.

18. PRIVACY

Please read the MomSays.co.in the "Privacy Notice", which is incorporated herein by reference. The Privacy Notice may be changed by us in the future. You should check the Privacy Notice frequently for changes. Unless otherwise authorized or consented, you agree not to use any information regarding other participants that is accessible from the Site or the Site or disclosed to you by us or our affiliates. By way of example and not limitation, you agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or otherwise objectionable conduct. We and our affiliates may communicate with you in connection with your listings, sales, and the Services, electronically and in other media, and you consent to such communications regardless of any "Customer Communication Preferences" (or similar preferences or requests) you may have indicated on the Site or by any other means.

19. RELATIONSHIP OF PARTIES

You and MomSays.co.in are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would reasonably contradict anything in this clause or Agreement.

20. DISPUTES GOVERNING LAW

20.1 In the event of any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof, the parties shall endeavour to resolve the same in an amicable manner in consonance with the spirit of the transaction recorded in this Agreement. 

20.2 If, however, parties fail to resolve such dispute through discussion as mentioned above, the same shall at the request of either party be referred to and settled by arbitration in accordance with the Arbitration & Conciliation Act 1996.  The place of Arbitration shall be Mumbai and language to be used in such Arbitration proceedings shall be English.

20.3 Any judgment, decision or award of the arbitration shall be final and binding and shall be enforceable in any court of competent jurisdiction.

21. MISCELLANEOUS

21.1 Each party is severally liable for its own obligations under this Agreement and is not jointly liable for the obligations of other parties.

21.2 You consent to the use of electronic means to complete this Agreement and to provide you with any notices we give you in relation to this Agreement. To be effective, any notice given by a party under this Agreement must be in writing and delivered via email, or via a posting on the MomSays.co.in website or via a message through your account. Notices will be effective and deemed received on the date transmitted or posted.

21.3 The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to subsequently enforce the provision. Any waivers granted hereunder are effective only if recorded in a writing signed by the party granting such waiver.

21.4 The rights and remedies of the parties under this Agreement are cumulative, and either party may enforce any of its rights or remedies under this Agreement or other rights and remedies available to it at law or in equity.

21.5 MomSays.co.in will not be liable or otherwise responsible to you or any third party for any delay, default, or failure of performance arising out of any reasonably unforeseeable act, matter, cause, contingency or circumstance beyond our reasonable control, including, without limitation, any acts of God, third party acts or governmental action.