End User License Agreement
BY USING THE PORTAL, YOU ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS HEREIN, AS UPDATED FROM TO TIME TO TIME. IF YOU CHOOSE TO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE PORTAL.
- “Author” means a person or persons who have written the books;
- “Buy” means lifetime purchase of a Product which shall remain valid and active only till the period of existence of the Portal;
- “Product(s)” means the books and other readable material available to the user using the Portal;
- “Publisher” means a company or an individual person that publishes the books;
- “Rent” means purchase of the Product for limited period of time;
- “Subscription” means purchase of predefined bundle of Products for a limited period of time which shall be an annual subscription to the Products.
II. USE OF THE PORTAL
- The Company owns the Portal and has acquired digital rights of books from Publishers to give you comfortable and convenient digital reading experience. The Company acts as a facilitator between the Author, Publisher and you.
- The term "Portal" includes the content on the Portal and all the services provided on the Portal. Your use of the Portal (or any part thereof) signifies your consent to be bound by the terms of this Agreement. These terms are a binding legal agreement between you and the Company.
- Your use of certain Portal services, features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, blogs etc.) offered on or through the Portal may be subject to additional terms and conditions, and before you use any such services, features, functionality or other programs you may be required to indicate your acceptance of such additional terms and conditions.
- The information which is displayed on the Portal shall not be treated or construed to be an offer to the user. The same shall be treated as general information which can be accessed as per the terms of this Agreement.
- By accessing and using this Portal, you provide your specific consent to the Portal to use and collect the information provided by you. Please note that for any information provided by you on the Portal, it will be deemed that:
a. You are above 18 years of age.
b. You understand that you have provided specific consent to the Company to collect and process any information, images, or other content including but not limited to your personal and sensitive information including but not limited to your Name, Occupation, Age, Sex, E-mail Address, Phone, Mailing Address, Interests, Interested Services, budget, URLs you came from and go to, your browser and operating system information, your internet protocol address, your mobile provider, your mobile device, your Internet Service Provider, etc (collectively, your "User Submissions") provided by you.
c. The consent provided by you is the basis for lawful processing of User Submission by the Company.
d. You have read and understood the terms and conditions of the Agreement and are aware that the collection and processing of your User Submission will be subject to the same.
e. You have, by way of this Agreement and/or by any other communications sent by the Company been made aware of the categories of the User Submissions/personal data collected by the Company, the purpose and nature for which the User Submissions/personal data has been collected, the sources used for collection of User Submissions/personal data, your rights with respect to the User Submission/personal data, etc.
- The Company reserves the rights, at its sole discretion, to change, modify, and/or add to these Agreement, in whole or in part, at any time and without any prior notice to any person including you. Changes to the Agreement will be effective prospectively from when they are posted. You agree to review the Agreement periodically to become aware of any changes. Your use of the Portal or any part thereof after any changes to these Agreement are posted will be deemed acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to not subscribe, opt-out or stop using the Portal
V. INTELLECTUAL PROPERTY RIGHTS
- The ownership and copyrights of the Products vests with the respective Authors and/or Publishers and the Company does not have copyrights of the same. The Company respects the views of various authors mentioned in their respective books but does not guarantee the authenticity of the content.
- Content on the Portal is for personal use only and may not be downloaded. You shall ensure that there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained in the Portal for any other purpose shall constitute a violation of the copyright of the Authors and/or Publishers.
- Unless you have otherwise obtained the Company’s written permission, you agree not to copy, reproduce, duplicate, stream, capture, record, access through technology, transfer, sell, resell, upload, archive, license to others, edit, modify, reverse engineer, decode, manipulate, create derivative works from or based upon, publish, republish, post, transmit, publicly display, frame, link from or to, distribute, share, embed, translate, decompile, translate, incorporate into any hardware or software application, use for commercial purposes, or otherwise use or exploit the Portal, its content, Portal services or any component or part thereof. Any of the unauthorized uses referred to above would constitute an infringement of the copyrights and other proprietary rights of the Authors and/or Publishers and a violation of this Agreement and may subject you to civil and/or criminal liability under applicable laws.
- The Products of the Portal are only available to you for reading only on mobile browser and web browser.
VI. LICENCE TO USE THE PORTAL
- Subject to this Agreement (including, without limitation to the other terms herein set forth), the Company hereby grants you, if and only to the extent the necessary functionality is provided to you on or through the Portal, the following limited, revocable, non-exclusive, non-transferable, non- assignable, worldwide, royalty-free rights and licenses (each a "License"):
a. the License to access, view and otherwise use the Portal for your personal, non-commercial, lawful use only, as intended through the normal functionality of the Portal;
b. License to use any other functionality expressly provided by the Company, on or through the Portal for use by users, subject to these Agreement.
- Any other use or modification of the content of the Company’s Portal without the Company’s prior written authorization is prohibited
VII. SUBSCRIPTION PLAN
- You can register on the Portal which enables you to access the Products by way of free but limited preview, buy, rent, and subscription options.
- The subscription plan chosen by you for the use of the Portal services along with the purchased Products is non-refundable and non-transferrable.
- The Company shall have the sole discretion to define the subscription packs offered on the Portal. The Company does not allow and/or offer any customization on the subscription plan currently available for the use of the Portal services.
- Subscription plans include only those Products which were offered at the time of purchase of the plan. The Company reserves the right to add any new Product in the existing subscription plan.
- Any future update or revision in the Product bought will not be a part of original purchase made by you.
- The Company at its discretion can make changes in the subscription plans and pricing of the Products. Old purchases will not be eligible for any refund due to change in prices.
- Once the Products are purchased by you, you shall not be allowed to Return the same and neither can you claim for a refund of Products.
- It is clarified that the pricing of the Products will not change even if a new Product group includes some of the already purchased books by you.
- The Company reserves the right to promote the discount coupon codes and similar offers to attract new users.
VIII. THIRD PARTY COMMENTS AND LINKS
- The Portal may provide links to and/or contain information about other websites and companies which may not be owned or controlled by the Company. The Portal may also contain or display comments or contents of other companies or third parties which may or may not relate to the services provided by the Company. You acknowledge and understand that the Company does not endorse or sponsor such other third-party websites, companies, services, products or other internet resources. the Company expressly and specifically disclaims that any responsibility and liability for any content, software, functionality and advertisements found on the Portal or related to any such third-party website, companies, services, products or other internet resources shall not be placed upon the Company.
IX. DATA SECURITY AND INTEGRITY
- The Company has reasonable security policies and procedures in place to protect User Submissions from unauthorized loss, misuse, alteration, or destruction. Despite the Company’s best efforts, security cannot be absolutely guaranteed against all threats. To the best of our ability, access to your User Submissions is limited to those who have a need to know. Those individuals who have access to the data are required to maintain the confidentiality of such information.
- We also make reasonable efforts to retain User Submissions only for so long:
a. as it is necessary to comply with your request,
b. as necessary to comply with legal, regulatory, internal business policy requirements, or
c. until you ask that the User Submissions be deleted.
- The use of the Portal allows access of the Products to a maximum of 3 (three) browsers and 3 (three) IP addresses only.
X. YOUR RESPONSIBILITY
- Your rights under any one or more of the Licenses set forth above and under this Agreement are conditioned upon your compliance, with each of the following:
a. You shall not to host, display, upload, modify, edit, delete, publish, transmit, update or share any information that -
i. belongs to another person and to which the user does not have any right to;
ii. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harm minors in any way;
iv. infringes any intellectual property rights which include but not limit to patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. impersonate another person;
viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
b. You will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on the Portal.
c. You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geo-filtering and/or encryption) associated with Portal.
d. You will not use any of the rights granted to you or any of the content on the Portal in a manner that suggests an association with any of the Company services or brand, unless otherwise specifically permitted by the Company.
e. You will not use bots, spiders, offline readers or other automated systems to access or use the Portal in a manner that sends more request messages to the Portal’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser, unless you are a lawfully operating a public search engine, in which case (subject to the Company’s full discretion to revoke this exception at any time), you may use spiders to index materials from the Portal for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials.
f. You will not transmit any material that contains adware, malware, spyware, software viruses, time bombs, cancelbots, worms, trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
g. You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of the Company or any of its affiliates, or the Portal, or any of the content running or being promoted on the Portal.
h. You will not do anything on the Portal that would prevent other user' access to or use of the Portal or any part thereof.
XI. DISCLAIMER OF WARRANTIES
- By using the Portal, you agree and understand that such use is at your own risk and that there is no warranty that this Portal will be free of any computer viruses. The Portal (and any portion of the Portal) is provided "as is" "with all faults" and "as available" to the fullest extent permitted by law. the Company and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). Neither the Company nor any of its affiliates make any warranties or representations about the accuracy or completeness of information available on or through the Portal or other internet resources linked to the Portal, nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to- date and assume no liability or responsibility for any:
a. errors, mistakes, or inaccuracies of content;
b. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Portal;
c. any unauthorized access to any and all personal information stored in the Portal;
d. any interruption or cessation of transmission to or from the Portal;
e. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Portal (or any parts thereof) by any third party; and/or
f. for any loss or damage of any kind incurred as a result of the use of any user information and/or other Portal content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Portal.
XII. LIMITATIONS OF LIABILITY
- YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY, OR ANY OF ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE WEBSITE OR ANY PARTS THEREOF.
- You agree to indemnify and hold harmless the Company and its affiliates and their respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys' fees and costs) that such parties may incur as a result of or arising from:
a. any of your wrong/false user information,
d. your violation of any person's intellectual property, privacy, publicity or other right,
f. your misconduct or negligence by your or anyone accessing the Portal in connection with your (and/or such other person's) use of the Portal (in whole or in part).
2. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defences. This provision shall remain in full force and effect notwithstanding any termination of your use of the Portal.
3. Further, in no event shall the Company or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of the Portal or any linked Portal.
XIV. TERM AND TERMINATION
- The Agreement shall be valid and continue to remain in force until the completion of the subscription plan adopted by you or until you unsubscribe or unregister from the use of the Portal Services.
- The Company however reserves the right to terminate your use of the Portal in the event the terms of the Agreement are violated or breached by you.
- It is clarified that in the event, you voluntarily unsubscribe from the use of the Portal or the Company terminates the Agreement due to breach of the terms by you, the Company shall retain the subscription amount and the same shall not be refunded to you.
- Upon termination of the Agreement you shall have no authority to use or have access to the Portal.
XV. NO PROFESSIONAL ADVICE
- Material, content or information contained on or made available through the Portal is not intended to and does not constitute any legal, financial or tax related advice nor does it, in any manner establish a Professional - Client relationship.
- If you violate the letter or spirit of the Agreement, or otherwise create risk or possible legal exposure for the Company or any of its directors/employees/affiliates, we can stop providing access to all or part of the Portal to you.
- All provisions of this Agreement shall remain in full force and effect in perpetuity notwithstanding any termination of your use of the Portal.
XVII. SEVERABILITY AND WAIVER
- If any provision of the Agreement shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of the Company to exercise or enforce any right or provision of these Agreement shall not constitute a waiver of such right or provision.
XVIII. FORCE MAJEURE
- The Company’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the control of the Company, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like. the Company shall not be held liable if services with respect to the Portal are interrupted or improper at any point of time due to Force Majeure events specified above.
- The Company reserves the right to change the terms of the Agreement under which this Portal is offered at any time and without notice. You will be automatically bound by these disclaimer & any modifications thereof when you use the Portal and should periodically read the Agreement.
XX. ENTIRE AGREEMENT
- This disclaimer constitutes the entire agreement between you and the Company in relation to your use of our Portal and supersedes all previous agreements in respect of your use of this website.
XXI. LAW AND JURISDICTION
- You will resolve any claim, cause of action or dispute (claim) you have with the Company arising out of or relating to this Agreement document exclusively in India, regardless of where you reside. The laws of the Republic of India will govern this Agreement as well as any claim that might arise between you and the Company, without regard to conflict of law provisions. The courts in Mumbai alone have jurisdiction in relation to any claim or action arising out of, or in connection with, the Agreement and you hereby consent to personal jurisdiction in such forum.
- If any provision of the Agreement is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
XXII. NO INVITATION TO INVEST
- Information on the website is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. No information on this site shall constitute an invitation to invest in the Company or any of its affiliates/subsidiaries.
- You agree and confirm that we do not control any direct users' actions on the Portal and are not responsible for the content or information users transmit or share on the Portal. The Company is not responsible for any offensive, obscene, unlawful or otherwise objectionable content or information you may encounter on the Portal. We are not responsible for the conduct, whether online or offline, of any user of the Portal.
- You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
- All our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Agreement shall prevent us from complying with the law.
- This Agreement do not confer any third-party beneficiary rights.
- We reserve all rights not expressly granted to you.
- By virtue of this Agreement, you are made aware of the DATA WE COLLECT ABOUT YOU, HOW DATA IS COLLECTED, PROCESSING OF DATA, WHO WE SHARE YOUR DATA WITH, RIGHTS AVAILABLE TO YOU, COOKIES AND TRACKING TECHNOLOGY, etc.
- You will comply with all applicable and governing laws when using or accessing the Portal.