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TERMS AND CONDITIONS OF SERVICE AND USE
An3 Web Solutions Private Limited, a Private Limited Company, incorporated in India, under the provisions of the Indian Companies Act, 2013, having its Registered office at 13 A, Seethakathi Thaika Street, Sivakasi- 626123, Tamilnadu, India, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the Website/mobile application www.padippagam.com (hereinafter collectively referred to as the “Platform”).
- “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
- “User” shall mean and refer to natural and legal individuals who visit the Website and download the e-books available on the website. They must be competent to enter into binding contracts, as per Indian laws.
- “Authors” shall refer to individual writers who e-publish books written by them on the Platform in the format they desire after payment of the requisite fee.
- “Services” refer to providing a Platform for where a collection of e-books are displayed in various languages. The Users can download any of the books free of cost. Authors can publish their books on the Platform after paying the requisite charges for the same.
- “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Website.
- The term “Platform” refers to the Website which enable the Users to download e-books and write to e-publish their books.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The Users and Authors unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the Users and Authors shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User or Author does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
- SERVICE OVERVIEW
The Company shall provide a Platform where a collection of e-books in various languages shall be displayed, which can be downloaded by the User free of cost. Authors who wish to publish their books can publish it on the Platform in the file format they choose to. The authors can upload the books or send hard copies to the Company, which shall publish the book on the Website in addition to designing the jacket of the book at additional cost.
- Registration is not mandatory for the Users to access the Services provided by the Company through the Platform. If the Users shall desire to they may register themselves on the Platform by providing information including but not limited to personal information like E-mail id, address and contact number, location, age, qualification and date of birth and social media account details.
- The Users can link their Facebook, Google Plus Profile account to the Platform at present.
- The Registration and use of the Platform are presently free but charges can be levied on the same any time in future and the same shall be at the discretion of the Company. Presently Charges are incurred after registration depending on the Services the Visitor would like to avail.
- Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. In the event of individuals below 18 accessing or registering on the platform the onus or responsibility for the acts performed by them shall lie with their guardians, the Company or platform shall not be held liable in any manner.
- The Authors have to mandatorily register themselves before uploading or publishing their work on the Platform. They would need to provide information including but not limited to First Name, Last Name Personal Social Media URL, Business Address, Location, City, State, Pin code, Email, Phone Number, Website, file or link to the work to be published.
- Further, at any time during the use of this Platform, including but not limited to the time of registration, the Users and Authors are solely responsible for protecting the confidentiality of their Username and password, and any activity under the account shall be deemed to have been done by them.
- The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
- The User operates the account and avails the services solely for his personal purposes without any ulterior motives or intent to cheat the Platform, Company or their affiliates.
- The Author shall only upload works originally created by him. Under no circumstances, shall he submit content which is plagiarised, or an unauthorised reproduction of another author’s work or has been charged with copyright infringement with legal proceedings pending for the same.
- The Authors shall not publish books on subjects which beyond the permissible scope of the country’s law or violates the legal provisions of the country or incites violence or communal hatred.
- The Content displayed on the Platform that is created by the Company is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
- Users shall be solely responsible for the authenticity of the content generated on the platform by them in the form of profile information, user experiences, comments and reviews.
- The authors shall be solely responsible for content generated by them in the form of books published on the Platform.
- The Platform reserves its right to suspend the account of any User or Author for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any User or Author who is found to have created or shared or submitted any Content in the form of review or content coupon post or part thereof that is found to be untrue/inaccurate/misleading, offensive or promotes a business not legally permissible under the laws of the land.
- The User or Author shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading. All the information of the business provided by the customer should be up to date and authentic.
- Registration and download of books on the Platform is free of cost at present. However, in case of publishing their works on the Platform or availing the services for designing the book cover or jacket, the Author shall pay an amount for the Services availed through the Platform directly to the Company in any of the prescribed modes of Payment Methods
- Debit Card
- Amex Card
- Net Banking
- Online Payment Gateways:
- The Author (s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. An additional processing charge of 3% would be levied on the payments made and the User agrees to the same. The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Author.
- The payment is processed through a third party gateway and the Author shall be bound by the third party’s terms and conditions.
- The Author cannot seek a refund on the payment or cancellation of services made at any point of time.
- TERM & TERMINATION
- These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platform
- A User or Author may terminate their use of the Services and the Platform at any time.
- The Company may terminate these Terms and close a User or Partner’s account at any time without notice and/or suspend or terminate a User’s or Partner’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
- It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
- The Company reserves the right, in its sole discretion, to unilaterally terminate the Visitor’s access to the Services, or any portion thereof, at any time, without notice or cause.
- The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
- The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
- The Users shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
- By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the Users and Partners hereby agrees and consents to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.
- Users and Authors can report to the Company any grievances or suggestions that they have through e-mail on firstname.lastname@example.org. If they find any discrepancy with regard to Service-related information and the Firm will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
- USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The User agrees and acknowledges that they are a restricted User of this Platform and that they:
- Agree to provide genuine credentials during the process of registration on the Platform. They shall not provide false or incorrect information.
- Agree that they are solely responsible for maintaining the confidentiality of their account password. The Users and Authors have to notify the Company immediately of any unauthorized use of their account. We reserve the right to close your account at any time for any or no reason.
- Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Offer redemption's, reviews and ratings, experience stories for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
- Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
- Expressly agrees to make good any losses suffered by the Company or platform which result as a consequence of any act committed by the User or the Author including but not limited to acts of fraud and falsification of information.
- Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.
- The Users hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Firm /Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
- The Users and Authors agree to use the services provided by the Company and its Business Partners, for lawful purposes only.
- Users and Authors agree to provide authentic and true information. The Company reserves the right to suspend a Company’s account if the information is found to be false or incorrect or the services are being misused, the Company may suspend the User’s account.
- The User agrees not to post any material on the website that is defamatory, offensive, obscene, pornographic, indecent, abusive, or needlessly distressful, or prohibited by the law. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
- belongs to another person or business and to which the User has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- violates any law for the time being in force;
- deceives or misleads the other users
The Users and authors agree to indemnify and hold harmless the Company, its directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violations of any provisions of the said Terms and Conditions, or any other claim related to your use of the Services, except where such use is authorized by the Company.
- INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the Users a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.
- FORCE MAJEURE
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
- DISPUTE RESOLUTION AND JURISDICTION
- It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within fifty (50) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Sivakasi, Tamilnadu, India
- The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of Sivakasi, Tamilnadu, India.
a. Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to email@example.com.
- MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User, Partner and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at firstname.lastname@example.org