These Terms and Conditions (“Agreement”) shall govern the legal relationship between, SBPDPublications (hereinafter referred to as “Firm” or “SBPD Publications”) i.e. owner of the website https://www.sahityabhawan.com/ (hereinafter referred to as “Website” and the User(s) of the Website. The term Firm shall include SBPD Publications and/or its affiliates/subsidiary companies.
Now this Agreement provides as follows:
Use of SBPD Publications 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.
User(s) of Website includes students, channel partners of the Firm, schools, colleges, coaching institutes/centers, parents of students and teachers and any other person who visit and access the Website.
Any pamphlet, promotional offer or advertisement circulated to the User(s) are part and parcel of the above referred Legal Documents 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.
It shall be the prerogative of the Firm to provide the best services to the User(s) who access the Website however, Firm does not warrant that the services provided by it will be uninterrupted, timely and/ or error free.
Firstly, User(s) will have to register with the Website and thereafter, the Firm 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. User(s) agree and confirm that he/she will never use another User(s)’s account nor provide access to his/her account to any third-party.
Granting of the registration to a User (s) is within absolute and sole discretion of the Firm and no User (s) shall claim the same as a matter of right.
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 Firm. The Firm 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 Firm 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.
SBPD Publications takes no responsibility for any User Content that is uploaded on the Website, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Website provided herein.
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.
User(s) Access, Permissions and Restrictions:
User(s) of the Website are “Users” as per the Legal documents of Firm 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 Firm in its sole and absolute discretion from time to time. The Firm 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.
SBPD Publications hereby grants User(s) permission to access and use the Website as set forth in these Terms and Conditions, provided that:
User(s) agree not to distribute in any medium any part of the Website or the content without SBPDPublications’s prior written authorization.
User(s) agree not to alter or modify any part of the Website to the effect that it is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever,
User(s) agree not to alter or modify any part of the Website to the effect that it contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of Firm resource,
User(s) agree not to alter or modify any part of the Website to the effect that it 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.
User(s) agree to receive installs and updates from time to time from SBPD Publications. These updates are designed to improve, enhance and further develop the Website and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. User(s) agree to receive such updates (and permit SBPD Publications to deliver these to User(s)) as part of their use of the Website.
User(s) agree not to solicit, for commercial purposes, any Users of the Website with respect to User Content.
User(s) may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.
Further, User(s) give SBPD Publications, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Website and in any of its marketing or promotional activities.
In User(s)’s use of the Website, User(s) will at all times comply with all applicable laws and regulations.
Firm reserves the right to discontinue any aspect of the Website at any time with or without notice at its sole discretion.
When required by a lawful order that is in compliance with the Laws of India and other Jurisdictions, Firm may provide information or any such assistance to Government agencies who are lawfully authorized 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.
Content Use by User(s)
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to User(s) use of the Content.
SBPDPublications’s Content utilized on the Website which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to SBPD Publications and subject to copyright and other intellectual property rights under the law.
User Content is provided to User(s) on an AS IS basis. User(s) may access Content for their information and personal use solely as intended through the provided functionality on the Website and as permitted under these Terms and Conditions. User(s) shall not download any User Content unless they see a “download” or similar link displayed by SBPD Publications on the Website for that User Content. User(s) shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of SBPD Publications or the respective licensors of the User Content. SBPD Publications and its licensors reserve all rights not expressly granted in and to the SBPD Publications and the User Content.
User(s) agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Website or the User Content therein.
User(s) understand that when using the Website, they will be exposed to User Content from variety of sources and by different Users, and that SBPD Publications is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. User(s) further understand and acknowledge that he/she may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and User(s) agree to waive, and hereby do waive, any legal or equitable rights or remedies he/she have or may have against SBPD Publications with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless SBPD Publications, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to User(s) use of the Website. The Website also provides links to other third party websites and access to content, products and services from those third party websites, including users, advertisers, affiliates and sponsors of the website. The Firm will not be responsible for the content or data available on those third party websites. The User is liable to peruse and agree to the policies posted by those third party websites regarding privacy and other topics before use.
Firm disclaims any and all warranties, expressed or implied, in connection with its, hardware, software, E-Books, digital contents, course materials, etc. all of which are provided to the user on an “As Is” basis. User(s) access and use the Firm and its Services at his/her own and sole risk. Firm explicitly disclaims all warranties or conditions of any kind, express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
Applicable Law and Dispute Resolution
The use of the Website, its services, offers, promotions, etc. is governed by the Laws of India alone, without regard to its conflict of legal provisions. All disputes, claims, complaints, grievances, etc. shall be resolved through a sole Arbitrator/Arbitration Institution to be appointed by the Firm as per the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time) and the decision of the Arbitrator shall be final and binding upon all the parties to the disputes, claims, complaints, grievances, etc.
Only the Courts of Agra 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.