Kavyalipi Terms of Use


This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.


This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.kavyalipi.com website. The domain name www.kavyalipi.com (hereinafter referred to as "Website") is owned by a Proprietorship firm viz. M/s Kavyalipi, with its office at west Chowkidinghee, Dibrugarh, Assam, India (hereinafter referred to as "Kavyalipi").


Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies, which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Kavyalipi and these terms and conditions including the policies constitute Your binding obligations, with Kavyalipi. Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms of Use").


For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Kavyalipi allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Kavyalipi.


When You use any of the services provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates or changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.


By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Kavyalipi Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.


Membership Eligibility for Accessing Website and Service


Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the Kavyalipi website and shall not transact on or use the website. As a minor if You wish to use or transact on website, such use or transaction may be made by Your legal guardian or parents on the Website. Kavyalipi reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Kavyalipi's notice or if it is discovered that You are under the age of 18 years.


Your Account, Password, Security and Registration Obligations


If You use the Website, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under Your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not correct or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website and refuse to provide You with access to the Website.


Communications through Electronic Media or Otherwise


When You use the Website or send emails or communicate to us, You agree and understand that You have consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or message or by such other mode of communication, electronic or otherwise.


Charges for Accessing the Website


Membership of the Website is free for buyers. Kavyalipi does not charge any fee for browsing and buying on the Website. Kavyalipi reserves the right to change its Fee Policy from time to time. In particular, Kavyalipi may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. Therefore, it is Your responsibility to review the Website’s Terms and Conditions periodically.


Use of the Website


You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

    1. belongs to another person and to which You does not have any right to;

    2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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 whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

    3. is misleading in any way;

    4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

    5. harasses or advocates harassment of another person;

    6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

    7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    8. infringes upon or violates any third party's rights, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

    9. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;

    10. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

    11. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    12. contains video, photographs, or images of another person (with a minor or an adult).

    13. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

    14. engages in commercial activities and/or sales without Our prior written consent such as advertising, or the buying or selling of "virtual" products related to the Website.

    15. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

    16. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

    17. harm minors in any way;

    18. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

    19. violates any law for the time being in force;

    20. impersonate another person;

    21. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan viruses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

    22. threatens the unity, integrity, defense, 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.

  2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any

way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

  1. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

  2. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website.

  3. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Kavyalipi, kavyalipi.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of kavyalipi or stakeholders of this website.

  4. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

  5. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use.

  6. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services.

  7. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.

  8. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any

information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

  1. We reserve the right, but has no obligation, to monitor the materials posted on the Website. Kavyalipi shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Kavyalipi views. In no event shall Kavyalipi assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

  2. By using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

  3. Kavyalipi shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).







Privacy


We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.


Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way, please do not use Website.


We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights

owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.


Disclaimer of Warranties and Liability


Kavyalipi does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.


All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.


You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.







Compliance with Laws:


  1. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2,00,000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.

  2. Users of this website shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering

Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Kavyalipi Website.




Intellectual Property Rights:


The copyright and other Intellectual Property in the products available on the Website is the sole and exclusive property of third parties. Seller represents and warrants that Sellers are authorized by such third parties for license (if any) to use the product/s to the end customers. Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Kavyalipi as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be. You shall promptly notify Us in writing upon your discovery of any unauthorized use or infringement.


Indemnity


You shall indemnify and hold harmless Kavyalipi, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, proprietor, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law


Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Dibrugarh.


Trademark, Copyright and Restriction


This site is controlled and operated by Kavyalipi and products are sold by it. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.


Trademark complaint


Kavyalipi respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Kavyalipi at mybooks455@gmail.com






Product Description


Kavyalipi, we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.


Limitation of Liability


In no event shall Kavyalipi be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.


Contact Us


Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.



Grievance officer


In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:



To

The Grievance Officer M/s Kavyalipi.

West Chowkidinghee, Dibrugarh Assam, Pin- 786001, India


Contact us

Email: mybooks455@gmail.com Time: Mon - Sat (9:00 AM- 5:00 PM)


Policies Profanity Policy


Kavyalipi prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.


If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please submit a request for action/removal at mybooks455@gmail.com.


Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning or legal action.


Returns Policy


For more details, please see the Return / Replacement / Exchange Policy / Refund Policy here


Replacement Policy


If at the time of delivery and/or within specified days from the date of delivery of the hard book/s, if any defect is found, then the buyer of the hard book/s can ask for replacement of the product/s from the seller.


If Kavyalipi has suspicion or knowledge, that any of its buyers and other stakeholders are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Kavyalipi may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and stakeholders and /or disqualify that User and any related Users from availing protection through this program.


Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

For more details, please see the Return / Replacement / Exchange Policy / Refund Policy here


Email Abuse & Threat Policy


Private communication, including email correspondence, is not regulated by Kavyalipi. However, Kavyalipi will investigate and can take action on certain types of unwanted emails that violate Kavyalipi policies.

Such instances:

    1. Threats of Bodily Harm Kavyalipi does not permit Users to send explicit threats of bodily harm.

    2. Misuse of Kavyalipi System - Kavyalipi allows Users to facilitate transactions through the Kavyalipi system, but will investigate any misuse of this service.

    3. Spoof (Fake) email - Kavyalipi will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.

    4. Spam (Unsolicited Commercial email) - Kavyalipi Users are not allowed to send spam messages to other Users.

    5. Offers to Buy or Sell Outside of Kavyalipi - Kavyalipi prohibits email offers to buy or sell listed products outside of the Kavyalipi Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.


Kavyalipi policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.



Other Businesses


Kavyalipi does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third-party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third-party websites of Our affiliated companies and certain other businesses for which, kavyalipi assumes no responsibility for examining or evaluating the products and services offered by them. Kavyalipi do not warrant the offerings of, any of these businesses or individuals or the content of such third-party website(s). Kavyalipi does not endorse, in any way, any third-party website(s) or content thereof.


Infringement


Trademark-infringement


  1. Trademark owner doesn't make this type of product or has discontinued the production of the product

  2. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit


Trademark-listing description infringement


  1. Listing(s) has unlawful comparison to trademark owner's brand or product

  2. Listing(s) contains unlawful use of trademark owner's logo


Copyright-item infringement


  1. Item(s) is an unlawful copy

  2. Item(s) is unlawful duplication of printed material

  3. Item(s) is an unlawful copy of other copyrighted work


Copyright-listing content infringement


  1. Listing(s) comprises unauthorized copy of copyrighted text

  2. Listing(s) comprises unauthorized copy of copyrighted image

  3. Listing(s) comprises unauthorized copy of copyrighted image and text





All such notices of infringement shall be sent to mybooks455@gmail.com with the following details:

  1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)

  2. Please provide the evidence as to the ownership of copyright.


Contacting the Seller


At Kavyalipi we are committed towards ensuring that disputes between the stakeholders are settled amicably by way of dispute resolution mechanisms and procedures. However, in the event that one stakeholder wishes to contact the other stakeholder, he/she may proceed to do

so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also reach out to customer support at mybooks455@gmail.com

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