The following terms and conditions ("Agreement") is a binding agreement between the author, seller, E-book reseller or book store seller identified in the Wonderbuuk ("Platform") account ("you" or "Seller") and Lemonjar Software Media Sdn Bhd (“Lemonjar”, “we”, “us”, or “our”).
This Agreement governs your distribution and/or publication of the Work digitally through the Platform and your distribution of print content digitally through the Platform (all such content “E-Books”), and consists of the terms set forth below and the Personal Data Protection Notice.
By clicking “I Agree”, you accept all the terms and conditions contained in the Agreement and you agree to be bound by the Agreement in respect of your distribution and publication of your E-Books on the Platform. If you do not agree to any of the terms, you are not entitled to use the Platform to distribute and publish your E-Books. You may however, browse, access and explore the Platform as a visitor. If you are a corporate entity, the individual person who accepts this Agreement on your behalf represents and warrants that he or she is entitled to enter this Agreement as your authorized representative and to bind you to the terms of this Agreement. Although the Platform provides authors, sellers, book reseller or book store seller tools to publish and distribute the E-Books, Lemonjar itself is not a publisher, and therefore does not and cannot assume the legal rights, responsibilities or liabilities of a publisher.
In this Agreement where the context so admits the following expressions shall have the meaning designated below unless otherwise stated:
“Account” | means your account opened with Lemonjar in connection with the Platform; |
“Content” | means design, text, data, graphics, images, user interface, visual interface, information, suggestions, guidance and other materials provided, made available or otherwise found through the Platform, excluding the Materials; |
“Explicit Content” | means contents which are unsuitable for children including without limitation strong languages, elements of sex, violence, physical or emotional abuse, references to sexual behaviour, discriminatory languages, racism and gender discrimination; |
“Materials” | means the text, graphics, images, data and information contained in the Platform published by a third party; |
“Policies” | means the rules, information and/or policies developed by Lemonjar and published by Lemonjar on the Platform in connection with this Agreement from time to time (as more particularly described in Clause 2 below); |
“Registration Details” | means identification in respect of the Account (including without limitation Account’s username and password, your name, contact details, and/or other details contained in the Account); |
“Work” | means the original literary work title including texts and images authored by you. For the purposes of this Agreement, the term “Work” shall include all outlines, synopses, sample chapters, preparatory material and drafts of the Work created by you whether before or after the date of this Agreement, in preparation of the Work. |
2.1 | In order to sell and publish your E-Books on the Platform, you are required create an Account. For this purpose, you will be required to register and authorize the use and disclosure of your information for purposes of allowing us to facilitate the creation of your Account and profile in the Platform. |
2.2 | You may be required to provide us with your personal information during the registration process and from time to time during your use of the Platform. By creating an Account on the Platform, you agree to be bound by the Policies and you consent to the processing of your personal information by us in accordance with our Personal Data Protection Notice. You shall ensure that all the relevant information made available to us are and remain true and accurate at each point of purchase. |
2.3 | In the event that any third party personal information is provided by you to us, you are responsible for ensuring that all necessary consent has been obtained from such third party and that such third party has agreed to the processing of his/her personal information by us in accordance with our Personal Data Protection Notice. |
2.4 | To start creating an Account, you are required to provide your name, e-mail address, password and indicate whether you are creating the Account as an individual or as a company. Once you have submitted these information, you will receive an email from us to verify the e-mail address that you have registered. Please note that the registration of your Account is not complete at this stage. |
2.5 |
In order to complete the registration process, you will need to log in using the e-mail address and password which you have submitted in Clause 2.5 and you will be prompted to provide additional information. Where:
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2.6 | Once you have submitted the additional information in Clause 2.5, the Platform administrator will review your submission and conduct the necessary verification before deciding whether to approve or reject your registration. If we are satisfied that the documentation you have provided is complete and accurate, we will approve your registration. In the event the documentation you provide is insufficient, we will contact you with further instructions. Upon approval of your Account registration, you will then be able to upload your E-Book for sale or loan. |
2.7 | The Registration Details must be kept confidential at all times and must not be disclosed to anyone else. You must immediately notify us if your password has been stolen or compromised by sending an e-mail to seller.assistant@wonderbuuk.com. |
2.8 | You must be 18 years of age or over to register with us. If you do not qualify under this Agreement, do not create an Account. By creating an Account, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions set forth herein. |
2.9 | If you have any queries in relation to this Agreement or encounter any problems in creating your Account, you may contact us by e-mail at seller.assistant@wonderbuuk.com for assistance. |
3.1 |
You grant to us, throughout the term of this Agreement, a non-exclusive, irrevocable, worldwide, perpetual right and license to distribute, publish, market, sell and loan the E-Books, in the specified formats through the Platform. If you indicate that you do not have worldwide distribution rights to an E-Book, then the territory for the sale of that E-Book will be the territory where you are residing in or where your company is established. |
3.2 |
The rights in Clause 3.1 include, without limitation, the rights to:
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3.3 | You consent to the exercise by us of such rights in sub-clause (d) above and warrant that you have agreed that the product of such exercise shall not be capable of being considered a distortion, mutilation or derogatory treatment of the E-Books. |
3.4 | You represent and warrant that all permissions and consents required in order to enable any distribution or publication of any illustrations or photographs contained in the E-Books and any other material the rights in which are owned or controlled by third parties have been obtained and that such consents and permissions extend to and authorise the exploitation by us of the rights granted to us in this Agreement. |
3.5 | You warrant that you have obtained and paid for any and all necessary clearances and licenses for the E-Books to permit our exercise of the rights granted under this Agreement without any further payment obligation by us, including, without limitation, all royalties and other income due to any copyright owner. |
3.6 | Without prejudice to the foregoing, you agree that our affiliates and independent contractors, and our affiliates' independent contractors, is entitled to exercise the rights that you grant to us in this Agreement. |
Setting up your E-Book store
4.1 | To set-up your E-Book store, you can select ‘Add E-Book Form’ in your Account dashboard. You will be prompted to provide the relevant information relating to your E-Book such as the E-Book title, publisher details, publication date, genre, loan period (if your E-Book is available for loan) and promotion terms (where applicable). |
4.2 | You shall upload each E-Book which you desire to distribute and/or publish through the Platform in electronic format (in pdf format (.pdf) and/or generic E-Book format (.epub)), and all materials in respect of the E-Book such as the E-Book cover, description or excerpt of the E-Book at your own expense. For the avoidance of doubt, the file size of the E-Book format uploaded on the Platform shall not exceed 500MB for each file. We will not return to you any electronic files, content or media you upload or provide to us in connection with this Agreement. You must upload all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code. |
Content Requirements
4.3 | You shall ensure that all contents of the E-Books do not contain any Explicit Content and are in compliance with all applicable laws at the time you upload the same. If you become aware that the Work or any content you have uploaded contains Explicit Content or does not comply with any applicable law, you shall withdraw the Work or the relevant content and remove the Explicit Content immediately or republish the Work and/or content that complies with applicable laws. We are entitled to block the publication and distribution of your E-Books on the Platform if we discover that the E-Books which you intend to publish or distribute on the Platform contains Explicit Content. We may also remove or modify the metadata and product description, your E-Book’s cover art, information or images you make available for your E-Books for any reason, including if we determine that it does not comply with our content requirements. You may not include in any E-Books any advertisements or other content that is primarily intended to advertise or promote products or services. You must ensure that all metadata you provide to us is current, complete, and accurate. If you become aware that any metadata you have provided to us for an E-Book is inaccurate or incomplete, you shall promptly submit the correct metadata to us. |
4.4 | We are entitled to determine what content we accept and distribute through the Platform in our sole discretion. If we request that you provide additional information relating to your E-Books, such as information confirming that you have all rights required to permit our distribution of the E-Books, you shall promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the E-Books and the accuracy of the information or documentation you provide to us with respect to those rights. |
Withdrawal
4.5 | You may withdraw your E-Books from being distributed or published at any time provided that such E-Book has not been purchased by any reader or if the E-Book is not on loan. We may fulfil any reader requests completed through the date the E-Books are available for purchase and/or loan. All withdrawals of E-Books will apply prospectively only and not with respect to any readers who purchased the E-Books prior to the date of removal. |
DRM Technology
4.6 | We may, but are not obligated, to adopt the digital rights management (“DRM”) technology to ensure that your E-Books are not capable of being downloaded by readers even though a reader has purchased your E-Book. You acknowledge that we make no representations as to the efficacy of the DRM and will not be responsible for any failure of the DRM. |
5.1 | You are required to input the price of your E-Book into the provided ‘Add E-Book Form’. You may indicate whether your E-Book is available either for sale or for loan and set a different rate price for each option. Depending on the option which you select, you are required to input the selling price and/or loan price in the respective columns (collectively “E-Book Proceeds”). You shall ensure that the relevant selling price and/or loan price which you provide are inclusive of sales tax, consumption tax or similar taxes applicable in respect of the purchase of a product. Where your E-Book is available for sale, the price of your E-Book shall be stated to be inclusive of all applicable taxes. You may change the price of your E-Book through the Platform, and the changes will automatically be updated on the Platform immediately upon submission by you. |
5.2 | The currency of the price which you submit will be based on the country which you select at the time of creating your Account. |
6.1 | If you are not in breach of your obligations under this Agreement, for each E-Book sold to a reader through the Platform, we will remit to you the E-Book Proceeds, net of refunds, discounts, costs due to fraudulent transactions, credit card charge-backs and associated fees. |
6.2 | Unless otherwise specified in this Agreement, we will pay the E-Book Proceeds due in respect of the E-Book two (2) times in the month during which the sales were made. |
6.3 |
For the purpose of Clause 6.1, the Seller authorizes Lemonjar to:
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6.4 | We require you to register a valid bank account in your Account in order to receive the E-Book Proceeds payments, failing which we will not be obligated to make the E-Book Proceeds payments to you unless you do so. We may establish other payment policies from time to time for different payment methods. |
6.5 |
Without prejudice to any rights available to us at law or in equity, we are entitled to withhold the E- Book Proceeds payment and offset them against future payments as indicated below:
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6.6 | You are responsible for any income or other taxes due and payable resulting from payments to you by us under this Agreement. Unless otherwise stated, the amounts due to you under this Agreement are inclusive of any taxes that may apply to such payments. We maintain the right, however, to deduct or withhold any and all applicable taxes from amounts due to you, and the amounts due, as reduced by those deductions or withholdings, will constitute full and final settlement of such amounts payable to you. |
6.7 | Any remittance of the E-Book Proceeds to the Seller will not in any way be considered as a waiver of Lemonjar's rights nor a discharge of the Seller’s obligations or liabilities. |
7.1 | We will have sole discretion in determining all marketing and promotions related to the sale of your E-Books through the Platform and may, without limitation, market and promote your E-Books by making chapters or portions of your E-Books available to prospective readers without charge, and by permitting prospective readers to see excerpts of your E-Books in response to search queries. We will not owe you any fees for any marketing or promotional efforts. You acknowledge that we have no obligation to market, distribute, or offer for sale any E-Book, or to continuing marketing, distributing or selling a E-Book after we have commenced doing so. |
You represent, undertake and warrant as follows:
9.1 | You acknowledge that the Materials available in the Platform and the Content that we disclose is to the best of our knowledge or based on the information provided to us by third parties and does not constitute an opinion, recommendation or advice |
9.2 | You are solely responsible to: |
9.3 | The timeliness, accuracy and completeness of any or all of the Materials and the Content are not guaranteed. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and reserve the right to update this information at any time. We will not be responsible for any false or misleading information, or for errors or omissions or for the results obtained from the use of such Materials and/or Content. |
9.4 | In the event any third party Content infringes any intellectual property of any person, such third party shall be solely responsible to you for any loss or damage suffered by you as a result of the infringement. You may send us an email at enquiry@wonderbuuk.com/ coo@wonderbuuk.com to report any such infringement. |
10.1 |
We may (but shall be under no obligation to) investigate if you have misused the Platform, or behave in a way, which we regard as inappropriate, unlawful or illegal. By registering for an Account on the Platform, you agree not to:
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10.2 | In addition, you further agree to abide by the Claims Policy and/or Refund Policy and assist us in resolving any claims made by a reader against you. If a claim has been established, you agree to take all necessary steps to rectify such claims including honouring a refund requested by a reader. |
10.3 |
Without prejudice to other rights we may have under this Agreement or in law, in the event that you are found to be in breach of any of the terms contained in this Clause:
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11.1 | Subject to the rights which you grant to us under this Agreement, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your E-Books. The distribution and/or publication of the E-Books in the Platform do not, in any way, transfer any intellectual property rights to us. |
11.2 | We are not responsible for any intellectual property right in respect of the E-Books that are sold or loaned on the Platform. If we receive any complaint about you or your E-Book, we will contact you via e-mail to conduct the necessary assessment and verification. If you are found to have provided empty contents to readers, we will issue a warning letter to you. In the event you are continuously in breach of this Clause, your Account will be blocked and you will not be able to sell and loan your E-Books on the Platform. |
11.3 | Copyright on the Platform and Content is owned or licensed by us. You acknowledge and agree that the Platform and any underlying technology or software used in connection with the Platform contain our proprietary information. We grant you a non-exclusive, non-transferable, revocable license to use the Platform and the Content for distributing your E-Books and publishing your Work only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Platform and the Content. |
11.4 |
Except as expressly authorised by this Agreement, you may not in any form or by any means:
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11.5 |
If you use any of our trademarks, rights in internet domain names and website addresses and other rights in trade names (“Marks”) in reference to our activities or services, you must include a statement attributing the Marks to us. You shall not use any of the Marks
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12.1 | The Platform is provided "AS IS" and without any warranties. Save and except for any implied warranties which cannot be contracted out by law and to the maximum extent permitted by law, we hereby disclaim all warranties, with respect to the Platform, including without limitation any warranties that the Platform are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need. |
12.2 |
Without prejudice to the foregoing, we do not represent and warrant, to the maximum extent permitted by law:
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12.3 | Any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. For this purpose, we reserve the right, without prior notice, to remove your username or similar identifier in respect of your account if appropriate and we shall not be liable whatsoever for any loss arising from such removal. You acknowledge sole responsibility for and assume all risk arising from your access and use of the Platform. |
13.1 | To the maximum extent permitted by law, in no event shall we be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages, lost profits or income, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses howsoever arising, whether or not such losses and/or damages were reasonably foreseeable or even if we knew or should have known of the possibility of the same occurring. |
13.2 | Notwithstanding anything contained in this Agreement, our maximum and cumulative total liability (including without limitation any liability for acts and omissions of its representatives) in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, misrepresentation and any other damages and/or losses (“Claims and Losses”) howsoever arising under this Agreement shall, to the maximum extent permitted by law, not exceed RM50, in respect of all Claims and Losses. |
You agree to indemnify and hold us, our related corporations, contractors, successors, assigns, and third parties, and each of our and their respective directors, officers, employees and agents harmless from and against all loss, damages, claims, fines, penalties or expenses, including attorneys' fees, arising howsoever from or in connection with your access or use of the Platform, any breach, default, omission, misrepresentation, negligence, misconduct, non-observance and/or non-performance of this Agreement by you or on your part or of any other person for whose acts or omissions you are vicariously liable, whether in tort, contract or otherwise.
15.1 | This Agreement will commence upon your acceptance and will continue until it is terminated by us or by you. |
15.2 | We may terminate this Agreement, block your Account and/or suspend your access to your Account immediately, if there has been a breach of this Agreement, the Policies or other policies and terms posted on the Platform by you or by someone using your Registration Details. In addition, we are entitled to terminate this Agreement in the event there has been multiple complaints made by the readers against you. We shall not be liable to you or any third party for any termination, blocking and/or suspension of your access to the Platform. Further, you agree not to attempt to use the Platform after any such termination, blocking and/or suspension. |
15.3 | If you wish to terminate and/or delete your Account, you can do so by giving us fourteen (14) days’ prior written notice at seller.assistant@wonderbuuk.com. You acknowledge and agree that if you request to delete your Account, all your Account information on the Platform including without limitation the Registration Details will be permanently deleted from our database. In such event, you will not be able to reinstate your account if you wish to distribute and/or publish your E-Book and you will have to create a new Account in accordance with Clause 2 above. |
15.4 | Despite the deletion of your Account, you acknowledge and agree that copies of your information may remain accessible elsewhere, specifically in relation to the extent that it has been previously shared with others, or if it was copied or stored by other users. |
15.5 | Notwithstanding anything contained in this Agreement, any provisions in this Agreement which are capable of having effect after the termination of your registration shall remain in full force and effect following the termination of your Account. |
15.6 |
Upon termination of this Agreement or suspension of your Account:
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16.1 | The Platform uses cookies to distinguish you from other users of the Platform. This helps us to provide you with a good experience when you browse the Platform and also allows us to improve the Platform. |
16.2 | A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device. |
16.3 | Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. We recommend that you check the relevant third party's privacy policies for information about any cookies which may be used. |
16.4 | You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site. |
17.1 |
Neither party shall be liable to the other party or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations under this Agreement, if the delay or failure was due to any cause beyond the party’s reasonable control, including but not limited to:
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It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Platform, which may temporarily degrade the quality of the Platform or result in a partial or complete outage of the Platform. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Platform.
19.1 Amendments to this Agreement
We reserve the right to amend this Agreement, the Policies and the other policies published on the Platform at any time. Upon any such change, we will post the amended terms and/or policies on the Platform or we may also attempt to notify you via electronic mail. Your continued access to and/or use of the Platform following such posting and/or notice shall constitute your agreement to be bound by this Agreement, the Policies or other policies published on the Platform, as amended. If at any time you choose not to accept this Agreement, including following any such modifications hereto, then you must withdraw your E-Books from further distribution through the Platform and terminate your use of the Platform.
19.2 Severability
If any provision of this Agreement is held by any court of competent authority to be invalid, illegal or unenforceable in whole or in part, such provision shall be deemed to be severed from this Agreement without affecting or impairing the validity, legality and enforceability of the remaining provisions or remainder thereof, and the remaining terms and conditions shall nevertheless continue in full force and effect.
19.3 Governing Law
This Agreement shall be governed and construed in accordance with the laws of Malaysia and the courts of Malaysia shall have exclusive jurisdiction hereto.
19.4 Non-waiver
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19.5 Entire Agreement
This Agreement, the Policies and any supplemental terms, rules and guidelines published through the Platform including the Personal Data Protection Notice, constitute the entire agreement between you and us relating to the subject matter hereof and supersede all previous written or oral agreements, arrangements or understanding between the Parties.
19.6 Headings
The headings in this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
19.7 Non-assignment
You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this Clause shall be null and void.