Terms and Conditions

These Terms and Conditions (“Agreement”) shall govern the legal relationship between Nayee Kitab Prakashan. (hereinafter referred to as “Company”) i.e. owner of the website https://nayeekitab.in (hereinafter referred to as “Website”) and the User(s) of the Website. The term Company shall include Nayee Kitab Prakashan Samuh and/or its affiliates/subsidiary companies.

This Agreement, Delivery and Shipping Policy, Privacy Policy, Disclaimer and End User License Agreement (EULA) (hereinafter jointly referred to as the Legal Documents) form a composite, holistic and comprehensive “Usage Policy” of the Company and by accessing and using the functionalities and services provided by Company, the User(s) agree to all of these Legal Documents in an unambiguous and absolute manner. Now this Agreement provides as follows:

Use of Print Books and EBooks at Nayee Kitab Prakashan's Website

By accessing and using Website and the functionalities and services provided therein, User(s) hereby confirm that User(s) have clearly and unambiguously read, understood and agreed to the Legal documents. In case User(s) does not agree to these Legal documents, User(s) should leave the Website as the case may be and do not use any of the functionalities and services provided under the Website.

User(s) of the Website includes students, channel partners of the Company, schools, colleges, coaching institutes/centers, parents of students and teachers and any other person who visits and access the Website.

All the Legal Documents referred above and all other terms and conditions as separately provided to User(s) through any pamphlet, promotional offer, advertisement, EULA are part and parcel of Usage Policy of Company and the User(s) has agreed to all of them in a “Composite and Comprehensive Manner” to access and use the Website, their functionalities and services.

User(s)’s continued use of Website signifies its acceptance of the changes, if any, that the Company makes from time to time.

It shall be the prerogative of the Company to provide the best services to the User(s) who access the Website however, the Company does not warrant that the services provided by it will be uninterrupted, timely and/ or error free.

User(s) Registration

Firstly, User(s) will have to register with the Website and thereafter, the Company will provide the log-in credentials (usernames and passwords), which can be used by the User(s) to pay the requisite fees for buying and downloading any eBook under his/her account. The User(s) is governed by the Legal documents and such other terms and conditions as the Company may specify from time to time.

Granting of registration to a User (s) is within absolute and sole discretion of the Company and no User (s) shall claim the same as a matter of right.

Refund Policy

There will be no refund policy for any User (s).

User Authority

By accessing the Website, User(s) represent and warrant that User(s) have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Internet Intermediary Requirements

For the purposes of Cyber Law due diligence requirements of India, the expression “User(s)” means any User who can access or avail any Computer/Technical Resource for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or viewing and includes other persons jointly participating in using the Computer Resource of Company.

User(s) of the Website are “Users” as per the Legal documents of Company and within the meaning of Internet Intermediary liability and Cyber Law Due Diligence requirements of India. They are absolutely and unambiguously required to follow, in all cases and at all stages of use of the Website and its services, Legal Documents and such other rules and regulations as may be provided by the Company in its sole and absolute discretion from time to time. The Company is under no obligation to intimate the User(s) either before or after making changes, modifications and deletions of or in the Legal documents and it is the sole responsibility of the User(s) to keep themselves updated and aware in this regard in all cases and at all times by thoroughly going through the Legal documents.

User(s) of the Website unambiguously and absolutely agree and understand that:

They will abide by the “Legal Documents” and the “Usage Policy” of the Company.

They will not host, display, upload, modify, publish, transmit, update or share any information that:

belongs to Company/any third party and to which the User does not have any right to,

is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever,

infringes any Patent, Trademark, Copyright or other Proprietary Rights of Company or any third party,

violates any Law for the time being in force,

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature,

impersonates another person,

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Company resource,

threatens the unity, integrity, defence, 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.

Company is not required or obligated to host or publish any information and is not required to initiate any transmission, select the receiver of transmission, and select or modify the information contained in the transmission as specified above.

The following actions by Company shall not amount to hosting, publishing, editing or storing of any such information as specified above and is expressly and unambiguously agreed to and permitted by the User(s) of Website.

temporary or transient or intermediate storage of information automatically within the computer resource as an intrinsic feature of Website, involving no exercise of any human editorial control, for onward transmission or communication to another website,

removal of access to any information, data or communication link by Company after such information, data or communication link comes to the actual knowledge of the Grievance / Nodal Officer authorized /appointed by the Company pursuant to any order or direction as per the provisions of the IT Act, 2000,

The Company, on which system the information is stored or hosted or published, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned, will act within a reasonable period of time and where applicable, work with user or owner of such information to disable such information that is in contravention of these Legal documents or any Indian Law(s) or any Rule(s) prescribed by Indian Government/Indian Authority. Further the Company may preserve such information and associated records for such period as may be specified by Laws of India from time to time.

In case of non-compliance with the Legal documents of Company, any existing or/and future prescribed rules and regulations of India or foreign jurisdiction(s), User agreement and privacy policy for access or Usage of Company’s computer resource, Company has the right to immediately terminate the access or Usage rights of the User(s) and would remove non-compliant information.

When required by a lawful order that is in compliance with the Laws of India and other Jurisdictions, Company may provide information or any such assistance to Government agencies who are lawfully authorised for investigative, protective and cyber security activity. The information or any such assistance may be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any Law for the time being in force, on a request in writing by the Law enforcement agency stating clearly the purpose of seeking such information or any such assistance.

Intellectual Property Rights

All the intellectual property rights (IPR) in the Website shall belong to the Company. Intellectual property rights in the content, user interface, text, designs, graphics, images, data uploaded/available on Website either belong to the Company or third parties who have licensed the content to the Company. Visiting/using/accessing Websites does not create any intellectual property in favor of the User(s).

The User (s) acknowledges that all trademarks, copyrights, and other IPRs in and relating to the service are owned by Company or its respective Owner(s) as the case may be. No one shall use any of the IPRs available on the Website, whether directly or indirectly and whether in original form or modified or derivative form, without the prior written permission of Company/Respective Owner(s). The User(s) are expressly and specifically prohibited from making any commercial use or/and derivative use of the Website and anything relating to it including its Legal documents.

The Company holds an exclusive, absolute, valid and lawful Copyright over the Legal documents available on it. Any unauthorized copying, using, etc. of these Legal documents or any part thereof is strictly prohibited as per the provisions of Indian Copyright Act, 1957 and other IPRs related and other Laws of India and other jurisdictions. The Company reserves the right to prosecute any offender in this regard.

Compliance with Applicable Laws

It is the sole responsibility of the User(s) to acquaint themselves with the applicable laws of various jurisdictions, including India. These applicable laws shall specifically include Import – Export Laws, Rules and Regulations of India and Trade Agreement(s) between India and Foreign Countries. The accessibility of Website in jurisdiction outside the legal / contractual capacity for selling / exporting / licensing its products / services shall in no situation be implied as an offer from Company to that effect.

User(s) are responsible for obeying applicable Laws of India and other jurisdictions, as applicable, while accessing /availing services of the Company. User(s) shall undertake and agree to indemnify the Company against any claims, expenses or liabilities suffered by the Company or claimed against the Company by any person or entity arising out of User(s) non-compliance with applicable Laws of various jurisdictions, including India.

Account Confidentiality and Integrity

It is the sole and absolute responsibility of the User(s) to maintain the confidentiality, secrecy and integrity of his/her account. The sharing or common use of the password of the account concerned with any other User (s) is strictly prohibited by the Company. The Company is also not responsible if any User(s)’s account has been compromised and misused due to hacking/cracking and phishing activities by third parties. The User(s) is solely responsible if his/her password is used/misused and the account is illegally and unauthorized accessed after the password has been hacked/cracked or obtained through phishing methods. User(s) will be solely responsible and liable for the activities on the Website made from their Accounts. The Company shall have no responsibility for any damage to any User(s) computer system or loss of data that result from the download of any content, materials, and information from the Website.

Crime and Cyber Crime reporting by User(s)

The User(s) is under an absolute obligation to inform the Company about any unauthorized access / Cyber Crime / Cyber contravention involving their accounts. If the User(s) fails to inform Company within 48 hours of the commission of such unauthorized access / Cyber Crime / Cyber contravention, Company shall not be under any obligation to extend any sort of assistance to the User(s). The User(s) / alone is responsible to investigate, prosecute and file necessary legal actions and proceedings against the Cyber criminals and other offenders and Company shall in no case be responsible to share the financial and investigation burdens of the User(s). Company will, however,

endeavor to support User(s) in investigating such instances of Cyber Crime, if any, to the best of its ability.

Court’s Jurisdiction

Only the Courts of Delhi shall have the exclusive jurisdiction to entertain any disputes, claims, complaints, grievances, etc. arising out of the use of the Website, its services, offers, promotions, etc.