Audible India Service Conditions of Use

Last updated: 30 November 2022

This is an agreement between you and Audible Singapore Private Limited (with its affiliates, "Audible", "we" or "us") regarding the digital spoken word audio entertainment service operated by Audible (the "Service"). These Audible India Service Conditions of Use, the rules, policies and guidance we provide regarding the Service, the Amazon.in Conditions of Use, the Amazon.in Privacy Notice, the Amazon.in Cookie Policy, the Amazon.in Interest-Based Advertising Policy and to the extent applicable, the Terms & Conditions for Recurring Payments (all as they may be changed over time) are collectively referred to as the "Terms", form part of this agreement, and govern your use of the Service. Audible is an affiliate of Amazon Seller Services Private Limited and the Service is an Amazon Service for the purposes of the Amazon.in Conditions of Use. However, these Audible India Service Conditions of Use will take precedence over any conflicting provisions of the Amazon.in Conditions of Use.

By signing up for or using the Service, you acknowledge that you are 18 or over and can legally contract under the Indian Contract Act, 1872 and agree to the Terms. If you are a minor, you may use the Service only with the involvement of a parent or guardian.

Your Account; Notification Preferences

If you do not have an Audible or Amazon.in account, you will need to establish an account with Amazon.in to use the Service. To manage your Audible notification preferences, please visit the Audible.in notification settings page.

Membership Plans

As part of our Service, we may offer membership plans and may change them and their features from time to time. If you sign up for a membership plan, you agree to the terms, conditions and limitations associated with them that are posted on our websites or applications.

Credits

As part of a membership plan or a Service promotion, we may issue you credits redeemable for content on the Service ("Credits"). Credits may only be redeemed on the Service, have no cash value, are non-transferrable and non-refundable. All Credits are valid for a limited time as described in the applicable membership and promotional terms and conditions. Credits expire immediately upon the cancellation or termination of your membership unless used prior to cancellation or termination.

Purchased Content

Once we have made purchased content available to you for download, we encourage you to download the content promptly after purchase. As a convenience to you we may continue to make your purchased content available for re-download through your Service account, but we do not guarantee that such content will be available for re-download and Audible will not be liable to you if it becomes unavailable for further re-download.

Promotional and Membership Content

We may make content available to you from time to time through the Service for which a purchase is not required including third party content. You will have access to this content only for so long as we make it available generally or, where it is provided as a benefit of a membership plan, for so long as you remain an active member of your plan in good standing. We may also remove this content from your account, devices and applications or otherwise restrict your ability to access it. We are not responsible for the content uploaded by third parties.

Content Availability

We may add or remove purchasable, promotional, membership and other content (collectively, "Content") from our catalog, membership plans and our Service at any time and make no guarantee as to the availability of specific Content in any membership plan or as to any minimum amount of Content in any membership plan. Some of our Content may be offered in limited territories, and we may use geofiltering technology to restrict access outside of those territories.

Fees and Renewal

Fees for purchased content, membership plans, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable, and provided in our help pages. The fees for membership plans may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in the Terms.

We accept a variety of payment methods depending on the type of membership plan you choose. You cannot use a credit or debit card issued outside of India to pay on Audible.in. If you sign up for an auto-renewing membership plan, your Audible membership will automatically renew at the end of each period and we or the third party through which you transact will charge you the membership fees at the time of renewal (“Recurring Payments”). By signing up for an auto-renewing plan you authorize us, or a third party through which you transact to collect the membership fee for the next membership period and agree to the Terms & Conditions for Recurring Payments.

You may disable automatic renewal of your Audible membership by contacting Audible customer support or by visiting Account Details.

Audible membership only becomes effective upon successful authorization of payment or successfully enabling Recurring Payments. If the payment methods provided by you are declined for payment of your membership or subscription fees or you do not have a valid payment method on file on your renewal date, we may at our option, limit access to non-purchased content and membership benefits and/or cancel your membership or subscription, as applicable, unless you provide us with a valid payment method. If you provide us with a valid payment method and are successfully charged before your membership or subscription is cancelled, your new membership or subscription period will be based on the original renewal date and not the date of the successful charge.

Membership and Subscription Cancellation

You may cancel your membership plan and any subscriptions by visiting your Account Details page provided on Audible.in (your "Account Details") and adjusting your membership settings or subscription preferences (as applicable), or by contacting our Customer Service team. If you cancel your membership or subscription, you will not receive a refund of any fees already paid. Your member benefits terminate when your membership is cancelled, but cancellation does not terminate your license and access to purchased content.

Promotional Trial Memberships

We sometimes offer certain customers various trial or other promotional memberships, which are subject to the Terms except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may, at any time (through your Account Details), choose not to continue to paid membership by cancelling prior to the end of the trial period. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, Credits or Content you may have received as part of the offer.

Service Restrictions

We reserve the right to accept or refuse membership or to restrict use of the Service in our discretion. You may not transfer or assign your membership or any Service benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time.

Content Restrictions

You may not (i) transfer, copy or display Content, except as permitted in this Agreement; (ii) sell, rent, lease, distribute, or broadcast any Content; (iii) remove any proprietary notices or labels on Content; (iv) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other protection system applied to Content or used as part of the Service; or (v) use the Service or Content for any commercial or illegal purpose.

Your Conduct

You must not use the Service for any of the following: (i) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity (ii) to host, display, upload, modify, publish, transmit, store, update, send, use or reuse any material that does not belong to you or to which you do not have any right; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, insulting or harassing including on the basis of gender, blasphemous, obscene, pornographic, paedophilic, or menacing; racially or ethnically objectionable, disparaging, infringing or in breach of copyright, trademark, patent, confidentiality, invasive of another's privacy including bodily privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam; or deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature (“Objectionable Content”).

Notice Procedure

If you believe that your rights are being violated due to a content on Audible.in, you may fill out the notice form set forth in the Amazon.in Conditions of Use and submit it to the Grievance Officer specified in Amazon.in Conditions of Use

If you believe that any content on Audible.in contains any Objectionable Content, you may fill out the notice form set forth in the Amazon.in Conditions of Use for Objectionable Content and submit to it the Grievance Officer specified in Amazon.in Conditions of Use

Agreement Changes

We may in our discretion change the Terms and all elements of them and any aspect of the Service at any time, without notice to you. If any change to the Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes and the remainder of the Terms. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must not use the Service and must cancel your membership.

Termination by Us

Our business may change over time and we reserve the right to cancel the Service and any membership plan in whole or in part, and to terminate your membership and use of the Service at our discretion, without notice to you. If we do so, we will give you a prorated refund based on the number of days remaining in your membership unless we terminate your membership for conduct that we determine, in our discretion, violates the Terms, violates any applicable law, involves fraud or misuse of the Service, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.

Disputes; Limitation of Liability

Any dispute or claim arising from or relating to the Terms or your use of the Service is subject to the governing law, jurisdiction, disclaimer of warranties and limitation of liability and all other terms in the Amazon.in Conditions of Use. You agree to those terms by signing up for Audible.

Our total liability to you under the Terms will not exceed the total amount you have paid us in the twelve months prior to the claim.