PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING THE KOPYKITAB STORE OR KOPYKITAB SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER AND YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT 13 YEARS OF AGE OR OLDER OR DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE KOPYKITAB STORE OR KOPYKITAB SERVICE.
These Terms of Service ("Agreement") are between you and Kopy Kitab Pvt Ltd. ("KopyKitab," "we," or "us") and govern your access to and use of the KopyKitab Store and the KopyKitab Service.
"KopyKitab Store" means the provision by KopyKitab of the ability for you to download, display and use digital books and other electronic content (individually and collectively, "Digital Content").
"KopyKitab Application" means (a) software developed by KopyKitab or third parties that is a part of the software at the time of your initial download and any Digital Content included with such software at the time of your initial download, and (b) updates or upgrades provided by KopyKitab to the software.
"KopyKitab Service" means the provision by KopyKitab of Digital Content to you and related services that facilitate learning and studying and interaction with other members of the KopyKitab community.
Terms and Conditions
"Agreement" means the Terms and Conditions (T&C) contained herein under the KopyKitab.com brand name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced. "Site" means the "KopyKitab.com" owned and operated by KopyKitab Private limited, which provides a venue to the users of KopyKitab.com to buy the products listed/displayed at KopyKitab.com. "Affiliate" is a corporate entity, means any entity, which controls, is controlled by, or is under the common control of the Company and being an individual, means any entity, which is controlled by the Company. "User/You" means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale by KopyKitab.com by placing its order on this Site. "Product's" connotes the goods, services promoted/displayed on the Site and offered for any use/sale.
This Website is only a venue where Users may meet and interact with us for their sale and purchase transactions. The commercial/contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which we have complete control and the same may be subject to change. The agreement between you and KopyKitab.com is subject to the following terms and conditions:-
- The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
- These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of KopyKitab.com you agree to be bound by the Terms and Conditions.
- All prices, unless indicated otherwise are in Indian Rupees
- By indicating User's acceptance to purchase any product or service offered on the site, the user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
- Any order placed for a product that is listed at an incorrect price may be canceled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
- In a credit card transaction, you must use your own credit card. KopyKitab.com will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
- Payment gateway takes 24-48 hrs. to confirm the payment to check for fraudulent transactions. Shipment/delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed with KopyKitab.com.
- The User agrees to use the services provided by KopyKitab.com, its affiliates, consultants and contracted companies, for lawful purposes only. The company may assign any or all of its rights under these Terms to its Affiliates without the consent of the User.
- Any attempt by a User to deliberately damage the Site or undermine the legitimate operation of the Site is in violation of Criminal and Civil Laws and should such an attempt be made, Company reserves the right to seek damages/injunction from any such User to the fullest extent permitted by law.
- The User agrees to provide authentic and true information. KopyKitab.com reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), KopyKitab.com has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and/or other affiliated websites without prior intimation whatsoever.
- In the event of non-delivery of the products to the customers, Please contact our customer support team.
- KopyKitab.com's liability to any claims will only be up to and limited to the cost of the product units in question.
- Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be reversed back in your Card Account.
- We will not be able to cancel orders that have already been processed and provided by us. We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation & non-payment.
- This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by KopyKitab Pvt Ltd. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Delhi. The High Court of Jurisdiction at Delhi alone shall have the jurisdiction and the Laws of India shall apply.
- KopyKitab.com expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of KopyKitab.com or any third party's intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to KopyKitab.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of KopyKitab.com. You may not modify, distribute or re-post anything on this website for any purpose.
- The KopyKitab.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of KopyKitab Pvt Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of KopyKitab.com and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by KopyKitab.com.
- You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, KopyKitab.com shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
- You agree to defend, indemnify and hold harmless KopyKitab.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to KopyKitab.com but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- The users have read and agree to the KopyKitab.com terms and conditions and also agree to receive promotional e-mailers and SMS's.
- This User Agreement is effective unless and until terminated by either you or KopyKitab.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. KopyKitab.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to KopyKitab.com. Upon any termination of the User Agreement by either you or KopyKitab.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise.
- All the information regarding the products listed is taken from the publishers, the company's website & company's catalog. Some specifications are subject to change without prior notice.
1. User Accounts. When you register for the KopyKitab Service, you must create a user account ("Account"). You will promptly update all Account information to keep it true, accurate, and complete. You will be responsible for all activities that occur under your Account, user name, and password and you agree to keep your password confidential. You agree to notify us immediately of any unauthorized use of your user name or password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your username and/or password if we believe that your Account is no longer secure. You will not: (a) provide any false personal information as part of your Account information or in connection with the KopyKitab Service; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access any other person’s Account.
2. User Content
2.1 License. You hereby grant to KopyKitab an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use (a) your Public Content in any manner and for any purpose and (b) your User Content for the purpose of providing you the KopyKitab Service. "User Content" means any and all messages, comments, annotations, notes, stickies, and other content and information that a user submits to, posts on, or makes available to the KopyKitab Service, excluding Public Content."Public Content" means any and all messages, comments, annotations, notes, and other content and information that a user submits to, posts on, or makes available to areas designated as public areas on the KopyKitab Service or the KopyKitab Store. You represent and warrant that: (a) you have the right to grant the foregoing license and to post, submit, and make available your User Content and Public Content; and (b) your User Content and Public Content will not infringe, misappropriate, or violate any third party rights (including any intellectual property rights). You are solely responsible for your User Content and Public Content.
2.2 User Guidelines. You represent, warrant, and agree that:
- You will comply with all applicable laws, including privacy laws and intellectual property laws
- You will not post inappropriate, inaccurate, or objectionable content
- You will not bully, harass or advocate harassment of another user or person
- You will not solicit passwords or Personal Data of any kind for commercial or unlawful purposes from other users, or engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes
- You will not post content that contains "junk mail" or "chain letters"
- You will not post content that is obscene or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- You will not post or upload any virus, time bomb, worm, corrupted file, or another software routine capable of disrupting, disabling, or harming the operation of, or providing unauthorized access, to the KopyKitab Service or the KopyKitab Store
- You will not use the KopyKitab Service or the KopyKitab Store to do or promote anything that is unlawful, illegal, misleading or defamatory
- You will not promote, or upload or post anything that contains, an illegal and/or unauthorized copy of another person’s copyrighted work (whether marked as such or not)
- Your use of the KopyKitab Store, KopyKitab Service, and your User Content and Public Content will not otherwise create liability for KopyKitab.
If you violate the guidelines listed above or any other guidelines posted on the KopyKitab Store or the terms of this Agreement, or if KopyKitab believes that any of your conduct or content is offensive or illegal, violates the rights of, harms, or threatens the safety of third parties, or may create liability for KopyKitab or third parties, KopyKitab reserves the right (but is not obligated) to investigate and take appropriate legal action in its sole discretion, including removing such content from the KopyKitab Service or the KopyKitab Store, notifying the appropriate authorities regarding the source of such content, barring violators from accessing the KopyKitab Service or the KopyKitab Store, and terminating the Accounts of such violators.
3. KopyKitab Store Terms of Sale. KopyKitab makes available Digital Content for purchase by you through the KopyKitab Store (each content item designated as such by KopyKitab, an "Item"). Prices are displayed with the applicable Item. Prices and availability of all Items are subject to change at any time. KopyKitab reserves the right to discontinue or suspend the provision of any Item at any time. You must provide valid credit card billing information or other payment information to purchase a license to an Item. You agree that KopyKitab may charge fees to your credit card or other payment accounts for licenses to Items that you purchase and that you will pay all applicable fees assessed to your Account. Our prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, and duties. In the event of a conflict between the prices displayed for any Item, the price shown at the time you check out your order will be the price charged to you. KopyKitab is not responsible for pricing errors; however, if the price you pay for an Item is higher than its true price, KopyKitab, in its sole discretion, may grant you a credit for the amount exceeding the true price. On occasion, technical problems may prevent or unreasonably delay download of the Item for which you have purchased a license hereunder, in which case your sole and exclusive remedy will be a replacement as determined by KopyKitab. Upon your download of an Item, you are responsible for any loss, damage, or deletion of that Item and KopyKitab will have no liability to you for any loss, damage, or deletion of that Item.
IF YOU PURCHASE DIGITAL CONTENT FROM ANYWHERE OTHER THAN THE KOPYKITAB STORE (e.g., THE APPLE STORE), THEN THOSE TERMS WILL APPLY TO YOUR PURCHASE, INCLUDING ANY NO-RETURN POLICIES.
4. Proprietary Rights
4.1 Use of the KopyKitab Service. Subject to the terms and conditions of this Agreement, KopyKitab grants you, during the term of this Agreement, permission to access and use the KopyKitab Service solely for your personal, non-commercial purposes.
4.2 Use of Items. Subject to the terms and conditions of this Agreement and the payment of all applicable fees for the Item, KopyKitab grants you a non-exclusive, non-transferable, revocable license to download and use each Item in accordance with the Usage Rules posted on the KopyKitab Store solely for your personal, non-commercial purposes as part of the KopyKitab Service during the period designated for such Item on the KopyKitab Store. Additional terms relating to the Items may be posted on the KopyKitab Store. Usage Rules may include limitations on the rental period, your ability to cut, copy and paste, or print portions of an Item, the number of applications from which you can access an Item, geographic territories, and reading aloud functionality.
4.3 Restrictions. You will not: (a) permit any third party to access or use the KopyKitab Store or KopyKitab Service using your KopyKitab Account; (b) rent, lease, loan, sell, license, or transfer the KopyKitab Store or KopyKitab Service to any third party or exploit the KopyKitab Store or KopyKitab Service for commercial purposes; (c) interfere with, disrupt, alter, translate, or modify the KopyKitab Store or KopyKitab Service or any part thereof, or create an undue burden on the KopyKitab Store or KopyKitab Service or the networks or services connected to the KopyKitab Store or KopyKitab Service; (d) reverse engineer, decompile, disassemble, or reverse compile the KopyKitab Store or KopyKitab Service; (e) introduce software or automated agents or scripts to the KopyKitab Store or KopyKitab Service so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the KopyKitab Store or KopyKitab Service; (f) transmit, modify, publish, sell, rent, lease, loan, distribute, license, or otherwise transfer any Item or any portion thereof or rights therein; (g) display, perform, or reproduce any Item except as permitted under Section 4.2; (h) remove or modify any proprietary notices or labels on any Item; or (i) bypass, modify, defeat, circumvent, or tamper with security or digital rights management features that protect or limit access to or use of any Item.
4.4 Ownership. KopyKitab and its licensors own the KopyKitab Store, KopyKitab Service, the Items, and all other content (except for your User Content and Public Content) contained within the KopyKitab Store and KopyKitab Service, and all intellectual property rights relating to the foregoing. Any unauthorized reproduction, modification, distribution, transmission, display, or performance of any portion of the KopyKitab Store, KopyKitab Service, the Items, or any other content (except for your User Content and Public Content) contained in the KopyKitab Store or KopyKitab Service is strictly prohibited. KopyKitab and its licensors reserve all rights not expressly granted under this Agreement. There are no implied licenses in this Agreement. Despite any use of the terms “purchase,” “buy,” “sell,” “sale,” or similar terms, all Items and the applicable copies thereof are licensed to you under this Agreement, not sold.
4.5 Feedback. By providing comments, suggestions, and other feedback relating to the KopyKitab Store, KopyKitab Service, Items, KopyKitab’s business, and KopyKitab’s current and future products and services (collectively, "Feedback") to KopyKitab, you grant to KopyKitab an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use and exploit such Feedback, in any format or medium now KopyKitab own or developed in the future, for any purpose and in any manner. KopyKitab will have no obligation to compensate you in connection with any Feedback.
5. Interaction with Other Users. You are solely responsible for your interactions with other users. KopyKitab reserves the right but has no obligation, to monitor or take any action regarding disputes between you and other users. To the extent permitted under applicable law, you hereby release KopyKitab from any and all claims or liability related to (a) any content posted on the KopyKitab Service or the KopyKitab Store; or (b) the conduct, whether online or offline, of any other user.
7. Third Party Applications. KopyKitab may permit third parties to develop applications for use in the KopyKitab Application and to provide services for use with such applications ("Third Party Applications and/or Services"). Each Third Party Application and/or Service is provided subject to the terms of the third party providing such Third Party Application and/or Service. KopyKitab is not a party to such terms, and such third party is solely responsible for the Third Party Application and/or Service it provides and any associated warranties.
8. Availability and Modification of KopyKitab Store and KopyKitab Service. KopyKitab reserves the right, from time to time, to suspend, modify, or discontinue the KopyKitab Store and/or KopyKitab Service, in whole or in part, with or without notice. You agree that KopyKitab will not be liable to you or to any third party for any modification, discontinuance, or suspension of the KopyKitab Store and/or KopyKitab Service, in whole or in part. You grant KopyKitab the right to disable access to any Item or remotely remove that Item from your KopyKitab Account and expressly consent to such disablement or removal, provided that KopyKitab will not exercise such right unless KopyKitab determines that such Item may create liability for, or harm to, you, KopyKitab, or any third party, in which case your sole and exclusive remedy will be a refund of the Item price (including any tax paid).
9. Term and Termination. If you fail to comply with any of the provisions of this Agreement, KopyKitab, at its sole discretion and without notice to you, may terminate this Agreement. You may terminate this Agreement by sending an e-mail to support@KopyKitab.com. Upon such termination by either party, your right to access and use the KopyKitab Store and KopyKitab Service will terminate immediately. You will remain liable for all amounts due under your Account up to and including the date of termination and you may keep your Account open for the sole purpose of accessing Items purchased by you prior to termination provided that you continue to comply with the terms of the license thereto, including the Usage Rules. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities relating to such termination and that KopyKitab may delete your User Content and Public Content from its servers and databases upon such termination. Notwithstanding any termination, the following provisions of this Agreement will remain in effect: Sections 2.1, 4.3, 4.4, 4.5, 5, and 8 through 19.
10. Warranty Disclaimer. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, KOPYKITAB (AND ITS SUPPLIERS) PROVIDES THE KOPYKITAB STORE, KOPYKITAB SERVICE, ITEMS, AND ALL OTHER INFORMATION AND CONTENT ON THE KOPYKITAB STORE AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT "AS-IS" AND “AS AVAILABLE” AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. USE OF THE KOPYKITAB STORE, KOPYKITAB SERVICE, ITEMS, AND ALL OTHER INFORMATION OR CONTENT ON THE KOPYKITAB STORE OR OTHERWISE PROVIDED BY KOPYKITAB (OR ITS SUPPLIERS) IN CONNECTION WITH THIS AGREEMENT IS AT YOUR OWN RISK. KOPYKITAB (AND ITS SUPPLIERS) MAKES NO WARRANTY THAT THE KOPYKITAB STORE, KOPYKITAB SERVICE, ITEMS OR ANY OTHER INFORMATION OR CONTENT ON THE KOPYKITAB STORE OR PROVIDED BY KOPYKITAB (OR ITS SUPPLIERS) IN CONNECTION WITH THIS AGREEMENT WILL: (A) BE COMPLETE, CURRENT, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, RELIABLE, OR ERROR-FREE; OR (B) PROVIDE ANY SPECIFIC RESULTS OR MEET YOUR REQUIREMENTS. YOU AGREE THAT KOPYKITAB IS NOT RESPONSIBLE FOR ANY FAILURE TO BACK UP ANY PORTION OF ITEMS DOWNLOADED BY YOU OR YOUR USER CONTENT OR PUBLIC CONTENT. KOPYKITAB DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES CONDUCTED ON THE KOPYKITAB STORE OR KOPYKITAB SERVICE.
11. Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, (A) KOPYKITAB WILL NOT BE LIABLE FOR ANY LOSS OF USE OR LOST PROFITS OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES RELATING TO THE KOPYKITAB STORE, KOPYKITAB SERVICE, ITEMS, OR ANY OTHER INFORMATION OR CONTENT ON THE KOPYKITAB STORE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF KOPYKITAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) KOPYKITAB’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE KOPYKITAB STORE, KOPYKITAB SERVICE, ITEMS, AND ANY OTHER INFORMATION AND CONTENT ON THE KOPYKITAB STORE AND OTHERWISE
12. User Indemnification. You agree to indemnify and hold KopyKitab, its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any and all losses, damages, liabilities, claims, demands, costs, or expenses, including reasonable attorneys’ fees, relating to your: (a) User Content or Public Content; (b) use of the KopyKitab Service; (c) breach of this Agreement; (d) breach or inaccuracy of any representation or warranty made under this Agreement; or (e) violation of any applicable law or any right of any third party.
13. Copyright Policy. You may not post, distribute, or reproduce in any way any KopyKitab copyrighted material, trademarks, or other proprietary information unless you have the right to do so. It is KopyKitab’s policy to, in its sole discretion; terminate the Account of any user who repeatedly infringes copyright rights of KopyKitab or third parties. If you believe that your work has been copied and posted on the KopyKitab Service or the KopyKitab Store in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under Indian Copyright Act. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the KopyKitab Service or the KopyKitab Store of the material that you claim is infringing; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. KopyKitab’s Copyright Agent for notice of claims of copyright infringement can be reached by writing to the following: Copyright Agent, Digibook Technologies Pvt Ltd, or by email at firstname.lastname@example.org.
14. Disclosures. KopyKitab is located at Bangalore and Bhilai.
15. Electronic Communications. The communications between you and KopyKitab use electronic means, whether you use the KopyKitab Service or the KopyKitab Store or send us emails, or whether KopyKitab posts notices on the KopyKitab Service or the KopyKitab Store or communicates with you via email. For contractual purposes, you (a) consent to receive communications from KopyKitab in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that KopyKitab provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
16. Governing Law; Arbitration. This Agreement, and any claim, dispute or controversy relating to this Agreement, will be governed by the laws of California, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this Agreement must be brought in a federal or state court located in Santa Clara County, California and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding, except that: (i) a party bringing an action may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; and (ii) KopyKitab may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
17. General. The parties are independent contractors. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. All waivers by KopyKitab will be effective only if in writing. Any waiver or failure by KopyKitab to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You acknowledge that the KopyKitab Store and KopyKitab Service contain valuable trade secrets and proprietary information of KopyKitab, that any actual or threatened breach of Section 4 of this Agreement will constitute immediate, irreparable harm to KopyKitab for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. “Includes” and “including” are not limiting. This Agreement and the documents referred to herein or incorporated by reference constitute the final, complete, and exclusive agreement between the parties regarding the subject hereof and supersede all prior or contemporaneous agreements, understandings, and communication, whether written or oral.
19. Trademark and Copyright Notice. KOPYKITAB, the KOPYKITAB logo, and other names, slogans, graphics, logos, and trade names used on the KopyKitab Service are the trademarks of KopyKitab and may not be used without KopyKitab’s permission. Third-party trademarks, service marks, and trade names that may appear on the KopyKitab Service or the KopyKitab Store are the property of their respective owners. Copyright © 2011, KopyKitab, Inc.
KopyKitab, Inc. Refer-A-Friend Terms – Addendum 7/23/2012
KopyKitab, Inc. ("we", "KopyKitab, Inc. or "Company") may, from time to time, offer users of its service ("Service") the opportunity to earn rewards by referring friends to try the Service ("KopyKitab, Inc. Referral Program" or "Program"). We reserve the right to terminate the Program at any time for any reason. The Program is administered by KopyKitab Admin based at Bangalore ("Administrator"). The Company and the Administrator are collectively referred to as "Program Entities."
These terms ("Terms and Conditions") shall apply to a user’s participation in the Program. By participating in the Program, users agree to use the Program in the manner specified in the Terms and Conditions. If you do not agree to these Terms & Conditions in their entirety you are not authorized to register as a Referrer or to participate in the Program in any manner. Users may not participate in a Program where doing so would be prohibited by any applicable law or regulations.
2. How the Program Works.
Program Participation, Generally
To participate, visit refer.KopyKitab.com and follow the on-screen instructions to refer as many friends, family members or colleagues as you want to the Service by entering the friends’ name and email addresses in the “Refer A Friend” box.
Users who refer are called “Referrers”; individuals who are referred to are called “Referred Customers.” For every “Qualified Referral” (defined below), Referrer may be eligible to receive “Reward(s)” (also defined below), provided Referrer is otherwise eligible under, and fully compliant with, these Terms and Conditions.
We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.
Referrers must be legal residents of the 26 Indian states who are 18 years or older, and 2) have the legal right to provide the personal information (e.g., name and email address) of each Referred Customer.
Companies and employees of Program Entities or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
Upon referring a friend, Referrers will be provided with a unique referral link (“Personal Link”) that allows Referrer to receive credit for Qualified Referrals (“Credit”). Each Referrer will also be provided with a unique and personal Company “Refer-a-Friend” page or account to check the status of his/her Qualified Referrals and to manage his/her account. Personal Links will be issued only to individuals. An individual must be registered with the Program to be issued a Personal Link but no purchase is required.
Referrers must respect the spirit of the Program by only referring real third-party individuals who meet the requirements of these Terms and Conditions. For example, a Referrer may not create multiple or fake accounts with KopyKitab, Inc. or participate in the Program using multiple or fake email addresses or identities.
Credit can only be awarded for Qualified Referrals. A Qualified Referral means that all the following conditions are met:
- The Referred Customer completed the purchase or registration process using the Referrer’s Personal Link. If a Referred Customer purchases or registers with the Service using any other link or method, the registration will not count as a Qualified Referral and Referrer will not earn Credit;
- The Referred Customer was not previously registered with the Service under any email address or alias
- The Referred Customer is a legal resident of the 26 Indian states who is 18 years or older; and
- Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer will not be Qualified Referrals.
Rewards may be redeemed in various forms in Program Entities’ sole discretion. Check your KopyKitab, Inc. Refer-A-Friend accounts for details. Restrictions may apply; for example, if the Reward is the form of a gift card, gift certificate or voucher it may be subject to the issuer’s terms and conditions.
Rewards are subject to verification. Program Entities may withhold a Reward for investigation, or refuse to process any transaction Company deems fraudulent, suspicious, in violation of these Terms and conditions, or believes will impose liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives, and agents.
All Program Entities’ decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is valid.
Credit and/or Rewards have no monetary value and may not be redeemed for cash. Credit and/or Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s KopyKitab, Inc. account for any reason, any unredeemed Credit and/or Rewards accumulated by Referrer are forfeited.
By participating in the Program, Users agree: (a) to be bound by these Terms and Conditions, the decisions of the Program Entities and/or their designees, and the Privacy Policies of Client Name. b) to release and hold harmless Program Entities and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and (c) to be contacted by Program Entities via e-mail. Program Entities reserves the right to make changes or additions to these Terms and Conditions for any reason at any time. Program Entities’ failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Program. Program Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond Program Entities control, corrupt the administration, security or proper play of the Program.
The Released Parties shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
As a condition of entering the Program, Users agree that under no circumstances will Users be entitled to any awards for any losses or damages, and Users hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased.
Program Entities reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way.
4. Applicable Law
Any and all disputes, claims, and causes of action arising out of or related to this Program or any prize awarded shall be resolved under Indian law (without reference to its conflicts of laws principles), and participant agrees to submit any dispute to the exclusive jurisdiction of the state of Delhi.
Participation in the Program and/or acceptance of a Reward constitutes permission to Program Entities to use any User’s first and last name, company name, Client Name profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
Prohibited Conduct, Generally
Users agree not to use the Program to:
- Violate applicable law;
- Infringes on the intellectual property rights of the Program Entities or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Users;
- Impersonate any person, or otherwise misrepresent User's identity;
- Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another User's use of the Program;
- Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- Use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others.
If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Program Entities’ sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Personal Link.
Fraudulent and Suspicious Behaviour
Program Entities may prohibit a User from participating in the Program or receiving a Credit or Reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of Program Entities. Use of any automated system to participate is strictly prohibited and will result in disqualification. Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward. Program Entities reserve the right to disqualify any User and/or cancel any Reward(s) it finds to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.