This Terms of Service (“Agreement”) is a legally binding contract between Timsmek Global Limited (“Timsmek”, “we”, “our”, “us”) and you (“Customer,” “you” or “your”) that shall govern the purchase and use, in any manner, of the products and services provided by Timsmek to Customer (collectively, the “Services”).
By purchasing a publishing plan, ordering a book or subscribing to a service and/or using any of the Services provided by Timsmek, in any manner, you represent that you have read, understand, and agree to all the terms and conditions given in this page and elsewhere, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract business.
If you do not agree to all the terms and conditions given in this Agreement, then you may not use any of the Services. If you are already a customer of Timsmek’s and do not agree to the terms of service given in this Agreement, you should immediately contact us to cancel your subscription, remove your books from our online platforms and delete your account.
1. Ownership and Services Purchased
1.a. The individual or entity who signed up with us or inputed their name, phone number and email address during a purchase of a soft copy or hard copy of a book or books, on our website or the person whose information is on our records, shall be the owner of the account and book or material purchased.
1.b. The description or details of the book or Services governed by this Agreement are described on the web pages setting out the particular book or services you have purchased or subscribed to (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. We or our partners may modify the description or details of books and services we sell or offer, from time-to-time, without any prior notice. Should the Book or Service Description Page change subsequent to the Effective Date, Timsmek has no obligation whatsoever to modify the purchased book or subscribed Service to reflect such a change. The services and products provided to you by Timsmek as set out on the Service Description Page, are referred to as the “Services.”
1.c. Certain books on our store were published by third parties. These third parties may have reserved the right to make changes, including material changes, to the contents of the books or services provided by them.
1.d. All the books on Timsmek Book Mall or stores (in all the formats they come in) are copyright of their respective copyright holders and Timsmek shall not hesitate to take legal actions against copyright violators or report them to the appropriate authorities, when they commit any form of violation — including but not limited to redistributing or reselling a book illegally, manipulating ebooks purchased from Timsmek Book Mall or our online stores with a malicious software with the intent to remove the digital rights on them.
2. Term of Agreement
This Agreement becomes effective immediately a Customer checks “I Agree to Terms of Service” at the time of Registration on Timsmek’s website or app during an order process or account creation and remains effective and binding as long as the book or service is used. This Agreement may only be modified by a written amendment signed by an authorized executive of Timsmek, or a release of an update by Timsmek of a revised version.
3. Abiding by the Law
3.a. Timsmek Global Publishers is an imprint of Timsmek Global Limited registered and located within the Federal Republic of Nigeria and as such, it is required of us to comply with the laws and official policies of Nigeria, regardless of where the books are purchased from or the Services are provided. Furthermore, Timsmek will comply with appropriate laws and official policies set forth by the Law Enforcement Agencies.
4. Payments and Billing
4.a. Timsmek reserves the right to charge Customers in person of Timsmek Global Limited or her partners via internet payment gateways or bank deposit. All fees or charges are billed in Nigerian Naira (“NGN”) and are subject to change. Price changes on subscriptions will be communicated to subscribers thirty (30) days before effective date. But prices of books, products and services, on our store, may change without any notice to the customer.
4.b. For authors and subscribers to Timsmek Publishing Service, there is a one-time publishing fee for a an edition of a book — except where the Publishing Terms between Timsmek and the Customer spells out a custom term.
4.c. Timsmek is only able to collect payment from customers through third-party online payment gateways. Every other payment must be made through cheque or cash-deposit at a designated bank within or outside Nigeria. It is the customer’s responsibility to ensure that subscription fees are paid on or before their due date.
4.d. It is the responsibility of all Timsmek’s Customers to ensure that all billing information on record with Timsmek is accurate before making any payment online or offline. Every customer is solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. Customers are liable for any charge incurred on any card or bank account used to purchase a book or material from Timsmek or pay for our service.
5. Refund Policy and Billing Disputes
5.a. Timsmek offers a three (3) day money back guarantee on hardcover books if the customer dislikes the production or print of the book. The days are calculated from the delivery date of the book. No refunds are offered after the first three (3) days of the hard cover book purchase.
5.b. Refunds will be issued only to the billing contact on file and may take up to one (1) week to process. Eligible payments older than sixty (60) days may require a refund via Access Bank or mailed check due to Timsmek’s merchant account policies and procedures.
5.c. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in Nigerian Naira (“NGN”), and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Timsmek is not responsible for any change in exchange rates between time of payment and time of refund. In addition, Timsmek reserves the right to refuse a refund at any time for any or no reason.
5.d. If you believe there is an error in Timsmek’s billing, you must contact Timsmek about it, in writing, within twenty (20) days of the date you are billed or charged. Timsmek’s obligation to consider your claim is provisioned on your providing sufficient facts with the claim, for Timsmek to investigate. You waive your right to dispute any charges or fees if you fail to notify Timsmek in writing or meet the deadline set out above. If Timsmek finds that your claim is valid, Timsmek agrees to make the refund to you, where applicable.
5.e. There shall not be refund on ebooks purchased, due to the nature of digital products. Timsmek shall ensure that buyers get the digital books they paid for and in the event they need a fresh download link, due to some system error, Timsmek shall ensure they have a link to redownload the ebook they purchased, after verifying their payments and claims.
6. Reversals, Chargebacks and Retrievals
6.a. Should Timsmek receive a chargeback or payment dispute from a bank, credit card or debit card company, or other payment gateways, your subscription to our services, where applicable, may be terminated or suspended without notice. Customers should contact Timsmek in the event of payment issues or multiple charges, to address any billing issues, instead of issuing a chargeback.
6.b. Should Timsmek appeal a chargeback or other payment dispute and win the appeal, the funds will likely be returned to Timsmek by the bank or credit card or debit card company. Any double payment resulting from this process will be refunded the customer via the registered information.
7. Cancellation of Services
7.a. Either party may terminate this Agreement by providing notice to the other as provided herein. This is applicable to customers in subscribed services or to authors and book sellers using Timsmek Book Mall or our stores.
7.b. Cancellation requests must be sent 48 hours or more before the Service’s renewal date. If a cancellation request is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
7.c. A user may no longer be able to access their dashboard or download link when their account with Timsmek is cancelled or terminated. Timsmek shall not be responsible for loss of data or ebooks when a a user’s account was cancelled on request.
8. Licenses
8.a. Timsmek grants every customer royalty-free, non-exclusive and non-transferable license to use books purchased on our platform anywhere in the world, as long as the material lasts.
8.b. Customers have no right to lend or lease or resell books or materials purchased from Timsmek.
9. Warranties
9.a. Though Timsmek strives to render excellent editing and review services to customers, you expressly agree that you shall not hold Timsmek responsible for oversights or errors found on your work after it has been published. Timsmek Services are rendered as-is and as-available and you expressly agree that your use of Timsmek’s Services is at your own risk.
9.b. Timsmek Editors work so hard to review and/or edit books we published ourselves and contents of our website. However, Timsmek or her partners, authors or staff shall not be held responsible for errors or damages recorded following the contents of any part of our website or books published or sold by Timsmek. It is the sole obligation of our readers, customers and site users to verify every piece of information they get from our website or authors, books or materials published by Timsmek, before acting on them.
10. Indemnification
10.1 You agree to indemnify, defend and hold harmless Timsmek, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and collectively, “indemnified parties”) from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of Timsmek’s policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
11. Governing Law and Disputes
This agreement shall be governed by the laws of the Federal Republic of Nigeria, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Rivers State, Nigeria, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
12. Changes to the Terms of Service
Timsmek reserves the right to modify this Agreement, in whole or in part, from time-to-time. Timsmek will notify you of such a change by posting it on our website, www.timsmek.com. Unless Timsmek is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.
13. Assignment
This Agreement may be assigned by Timsmek. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
14. Privacy Policy
14.a. Timsmek does not sell, share or lease any information given to Timsmek by an individual or entity subject to this Privacy Policy, except as provided in it. Any personal information received will only be used to process your orders and communicate important account issues to you.
14.b. Customers who opted to receive important updates from Timsmek, during Sign Up, shall be sent our monthly newsletter via their registered email address.
14.c. Timsmek may call a customer on the registered phone to ensure an ordered book was rightly delivered and received. Furthermore, Timsmek may contact a customer via phone or email over their subscription or use of Timsmek’s Services.
