TERMS OF SERVICE
These Terms of Service are applicable to the website https://epustakalay.com and Free Hindi eBooks Android and iOS mobile application, its mobile- friendly website interface and its mobile application, which is available in iOS and Android (collectively and individually referred to as “Platform” “Epustakalay”).
Kindly note, for the purpose of these Terms of Service (the “Terms”), the use of “we”, “us” and “ours” refers to Epustakalay. Whenever the context so requires, “you”, “your” or “user” shall mean any natural or legal person who browses through the Platform to gain information about Epustakalay and services offered by it.
Epustakalay reserves the right, at its sole discretion, to amend, modify, add or delete portions of the Terms, at any time. It is your responsibility to check the Terms periodically for changes. Your continued use of the Platform following the amended Terms shall means that you accept and agree to the edits.
GENERAL TERMS GOVERNING THE USE OF THE PLATFORM
USE OF THE PLATFORM
Epustakalay provides an online marketplace by providing the books and other information on this platform that belongs to the third party and are the sole and exclusive property of the third party owners or their licensors.
Epustakalay may provide/ include links and hyperlinks of third party websites for educational and general information purpose only and such information are believed to be on public domain.
The listing of such third party external site does not imply endorsement of such site by Epustakalay. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.
These Terms shall apply to every person who accesses the Platform as a Visitor for gaining information about Epustakalay or has registered on this Platform as a User, for availing such information.
You, by accessing or using the Platform, acknowledge that you are aware of the Terms, have read and understood them and thereby agree to be bound by it.
In order to be eligible to register themselves and use the Platform, the individual Users shall be of a minimum of 18 years of age.
The User shall be legally competent to enter into a contract in accordance with the applicable laws, and shall possess the absolute authority and competence to subscribe to and be bound by the terms, conditions, and obligations laid down in this Terms.
In the event, the User is an eligible minor, i.e., years less than 18 years, the registration of a Minor Account shall be authorized by the natural/ legal guardian of the User.
REGISTRATION AND ACCOUNT
To access the materials and books on the Platform, the Users may be required to register and create an account with the Platform that would require Personal Information of the Users.
In consideration of use of the Platform by registering with us, you hereby represent that you are of legal age to form a binding contract and are not from receiving Services under the laws of India or other applicable jurisdiction. In the event the User is an eligible minor, then the registration of such account shall require authorization from the natural/legal guardian of such user. Authorization by the guardian shall make these terms enforceable and binding on the Party.
The responsibility for all the activities in relation to a User account including maintaining the confidentiality of their username the password shall be solely borne by the concerned User and Epustakalay shall not bear any liability or responsibility for any breach in relation to the same. If the User suspects any unauthorized breach or activity on his/her account the User shall promptly notify Epustakalay. The User agrees and acknowledges that any information provided by such User does not infringe the rights of any third-party.
The Users shall provide true, accurate, current and complete information while registering on the Platform. You hereby undertake that by registering on the Platform, you are not misrepresenting any information or your identity and you shall not make any attempt to make any unlawful access to the Platform in order to access the material thereof.
LIMITED LICENSE AND PROHIBITED CONDUCT
You can download one copy of the materials (information or software) on this Platform for personal, or non-commercial transitory viewing purpose only. This is the grant of a license, not a transfer of title, and under this license you are expressly and emphatically restricted from all of the following:
To modify or to replicate any of the materials;
not to use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
any attempt to decompile or reverse engineer any software contained on our Platform;
remove any copyright or other proprietary notations from the materials;
access, use, or availing services through the account that belongs to others without their authorization;
infringe the Intellectual Property Rights of Epustakalay or any third-party, whether individual or entity;
use of the Services or the Platform in any manner that could damage Epustakalay, the Platform or its reputation;
damage, circumvent, disable or otherwise interfere with the security-related features of the Platform;
post, communicate or otherwise transmit any messages or content which is defamatory or which discloses private or personal matters concerning Epustakalay or any third-party;
use of the Platform or Services to indulge in or conduct any activity or solicit the performance of any illegal activity or other activities which infringes the rights of others; or
Providing false, inaccurate or misleading information.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Any unauthorized or commission of any of the prohibited activities as aforesaid shall entitle Epustakalay to terminate the permission or license granted to the Users by Epustakalay as stipulated herein.
CONTENT, INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
All the content on this Platform, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement except the external links provided in the Platform for books and material belonging to third-parties, are the proprietary content of Epustakalay. All rights to such content are reserved by Epustakalay.
Any violation of the intellectual property rights of Epustakalay in any jurisdiction is subject to legal sanctions imposed by intellectual property laws in that jurisdiction.
All the external links provided on this Platform belongs to the third party and are the sole and exclusive property of the third party owners or their licensors.
The User shall not use, post, modify, distribute or reproduce any content or material wherein the intellectual property and proprietary rights of such content and material belong to Epustakalay, any third-party or any other person or entity without obtaining the prior written consent of the owner of such rights as aforesaid, failing which Epustakalay shall be entitled to take appropriate action including terminating the usage and registration of such User without any refund or other liability. In the event the intellectual or proprietary rights of a User have been violated or infringed as aforesaid the aggrieved User shall forthwith notify Epustakalay of the same along with adequate proof and Epustakalay shall, in its discretion take necessary and appropriate action thereafter.
Users shall indemnify and hold harmless Epustakalay and its representatives, affiliates, partners, contractors, officers, directors, employees and assigns against any and all losses, liabilities, damages, costs, claims, damages including legal expenses that may be incurred by Epustakalay as a result of or arising out of a User’s:
breach or violation of the provisions stipulated in these Terms of Service;
breach of any representation or warranty;
use of the Platform and its content;
availing the services, features, and offerings available on the Platform;
violation of the intellectual property or proprietary right of Epustakalay or any third-party;
violation of the privacy, confidentiality, information or any other right of Epustakalay or any third-party;
violation of any applicable laws; or
any act, omission, fraud, misrepresentation on part of the User.
The foregoing right to indemnity shall be in addition to any other right that may be available to Epustakalay in equity or under applicable laws and the indemnity rights shall survive the termination of these Terms of Service and Users usage of the Platform.
The Platform and the services, features, offerings, information, content available on it is available on an ‘as is’ and ‘as available’ basis. Epustakalay disclaims any and all warranties, whether express or implied, including without limitation warranties of merchantability, non-infringement or fitness for a particular purpose except for those warranties that cannot be excluded under applicable laws. Epustakalay does not guarantee any specific results from the usage of the Platform.
The Books and other information on this platform are third party properties of their respected owners and are believed to be in public domain and listed from open sources available on the internet and Epustakalay does not claim any right, title and interest in any of such third-party material and intellectual properties attached to it. Therefore, Epustakalay is not responsible for your use of such material.
DELETION OF PROFILE
Epustakalay reserves the right of deleting your profile and blocking your Platform usage in instances where you are found acting in contravention of Clause 4 relating to the any prohibited activity.
In such cases, you shall be under the liability to indemnify Epustakalay for the losses suffered by it. You acknowledge and agree that the extent of such loss and damages shall be determined by Epustakalay in its discretion and the decision of Epustakalay on the same shall be final and binding.
LINKS TO THIRD PARTY
The Platform may contain third-party information and links to other websites over which the User acknowledges that we have no control and we do not guarantee for the nature, content and availability of these third-party Webpages. We take no warranty or responsibility, express or implied for the content, reliability and security of the linked websites and we do not endorse the content or any products or services of any kind available on them.
We have not reviewed all of the sites linked to its website, however the information contained in this Platform has been obtained from other sources, and we are not responsible for any error or omissions or for the results obtained from the use of this information.
We accept no liability for damage or loss, however, caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked websites.
The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user’s own risk.
NO LIABILITY AND NO WARRANTY
Epustakalay has no liability over the accuracy, credibility, authenticity or veracity of any information provided by the Users on the Platform and does not promote or endorse the same. Any loss, liability, expenses, damages or judgments incurred by a user as a result of reliance on or any action taken on such information shall be borne solely and exclusively by the user and Epustakalay shall not bear any liability or responsibility for the same. The user shall solely and exclusively be responsible for verifying the information, data and content of other users prior to any engagement by conducting the requisite due diligence and background checks for the same.
The Platforms’ use and any resultant connection, exchange, communications or transaction does not constitute legal advice, opinion, counseling, recommendation on part of Epustakalay and any loss, liability, expenses, damages, judgments incurred by any User as a result of the same shall solely and exclusively be the responsibility of and borne by such User and Epustakalay shall not bear any liability or responsibility for the same.
Epustakalay takes reasonable measures and precautions for the protection and security of the information provided by the User on the Platform; however, it shall not bear any responsibility or liability for any unauthorized or inappropriate use including without limitation any copying, printing, publishing, forging, reproductions, manipulation of the same by any other person or entity.
Epustakalay may from time to time make the Platform unavailable, with or without notification, to carry out maintenance; repair or upgrades and the Users agree and acknowledge that Epustakalay shall not be liable for any interruptions or loss of services as a result therefrom.
Without prejudice to any other provision herein, Epustakalay shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond our control, including, without limitation, an act of God, embargo or other governmental action or regulation.
In the event any provision is found to be invalid, illegal or unenforceable, such offending provision shall be severed, and the remaining provisions shall continue to be enforceable and shall preserve, as closely as possible, the intent of Epustakalay.
Failure to exercise or delay in exercising any right, remedy or privilege under the Terms will not operate as a waiver thereof.
The Parties have not created a partnership and nothing contained in these Terms shall, in any manner whatsoever, constitute any Party the partner, agent or legal representative of the other Party, nor create any fiduciary relationship between them for any purpose whatsoever except as may be, from time to time, agreed upon between the Parties in writing or as otherwise expressly provided herein. Neither Party shall have any authority to act for or to assume any obligation or responsibility of the other.
These Terms and the rights and obligations stipulated herein are personal in nature to the Users and they shall not be entitled to assign, transfer or subcontract any of their rights and obligations under these terms to any other individual or entity except with the prior written consent of Epustakalay. However, nothing contained herein shall preclude Epustakalay from assigning or transferring any of its rights and obligations under this Terms of Service in its discretion.
The Provisions which, by its nature or express terms should survive, will survive such termination or expiration of the Term of Service.
GOVERNING LAW AND JURISDICTION
These Terms will be governed by and construed in accordance with the laws of India, and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location for the resolution of any disputes.