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Terms & Condition

Terms & Condition

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

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.kitabay.com in website.

 

Terms & Conditions

Thank you for visiting and using kitabay.com . We are excited and glad you are here, but there are some rules you need to agree to before you use our websites and services (‘Services’). When we use the word Services, we mean not only the www.kitabay.comwebsite, but also all the other websites, services and applications made available by Vedas Corporation.

Your use of kitabay.com in and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as ‘the Website’) are governed by the following terms and conditions as applicable to the Website (“User Agreement”). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon You providing any information on the Website. In this User Agreement, You are contracting with Vedas Corporation, the owner of the Website in the capacity of a non-profit organisation and having its office at [Jaipur,Rajasthan] (India), hereinafter referred to as ‘the kitabay.com ‘ which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.

For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require ‘You’ and/or ‘you’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User. The term and expression ‘You’ and/or ‘you’shall unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.

As a Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and /or on the ‘continue button’ and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using your User ID and Password. If You do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the “check box” and on the “continue” button or any other button and do not seek to obtain access to or otherwise use the Website.

Amendments to the User Agreement: Www.kitabay.com  may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Www.kitabay.com  posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

These terms and conditions include the provisions in this document, and in the https://kitabay.com/privacy-policy/

If You use the Services in any way after a change to the Terms is effective, then please remember that means You agree to all of the Terms.

 

  1. Definitions

‘kitabay.com  Website’ or ‘Website’ or ‘kitabay.com ‘ means the website accessible online at kitabay.com.

‘KB’ means www.kitabay.com  website .

‘Website Content’ includes without limitation, all Website content such as text, files, images, photos, illustrations, videos, sounds, musical works, works of authorship, and any other materials accessible from the KB Website including User Content.

‘User Content’ means the Website Content communicated, posted or published by Website users including such content in interactive areas on the Website.

‘Registered User’ means an identifiable user who has registered a user profile on the Website.

‘Registered User ‘ includes any  that a Registered User has published on the KB Website, including, without limitation; any  published by the Registered User him/ herself, or published by Www.kitabay.com  or an authorised representative of the Registered User on the Registered User’s behalf.

 

  1. Use of the Website by Children required Parent/Guardian Consent

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and they have agreed to these Terms on your behalf, as we described earlier). If you’re agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your school or district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

 

  1. Electronic Communication

When You use the Website or send emails or other data, information or communication to the Www.kitabay.com  website , You agree and understand that You are communicating with the Website and Www.kitabay.com  website and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Www.kitabay.com  website and all other Registered Users and Visitors and as and when posted, communicated or required.

Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your ‘designated electronic address’ and the Www.kitabay.com  Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Www.kitabay.com  website as provided from time to time in various hyperlinks on the Website.

 

  1. Your Privacy and Personal Information

kitabay.com  takes the privacy of its users very seriously. For the entire current kitabay.com  Privacy Policy, please click here.

By using the Website and/ or by providing your information, You consent to the collection and use of the information You disclose on the Website by kitabay.com  in accordance with kitabay.com  Privacy Policy.

You represent and warrant that You are solely responsible for complying with all the applicable laws, meaning that You must obtain advance written consent as applicable from all parents or guardians whose children under 18 years of age will be accessing the Services. You are responsible for understanding how any Publisher Software (defined and described below) that You install on behalf of Yourself or other users may collect and use information of users of Services. When obtaining consent, You must provide parents and guardians with our Privacy Policy.

 

  1. User Registration

If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inappropriate, inaccurate, not current or incomplete or Www.kitabay.com  has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate, not current or incomplete, or not in accordance with the User Agreement, Www.kitabay.com  has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

You may not transfer your Account to anyone else without our prior written permission.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.

 

  1. How do you use Www.kitabay.com ?

You promise to only use the Services for your personal use and use as allowed by the terms of this Www.kitabay.com  website as well as per the terms of the Licence ( “ License”), and only in a manner that complies with all laws that apply to You. If your use of the Services is prohibited by applicable laws, then You aren’t authorized to use the Services. We can’t and won’t be responsible for You using the Services in a way that breaks the law.

Any violation of the Terms of Use by anyone using the Services under Your Account (or otherwise under your authority or permission) may be deemed a violation by You, irrespective of whether the violation is with or without Your consent.

As already mentioned, your use of the Services is subject to our Acceptable Use Policy, which outlines what You can and can’t do with and on the Www.kitabay.com  website You should therefore read the Acceptable Use Policy carefully. A violation of theAcceptable Use Policy will be grounds for termination of your right to use or access the Services. The Acceptable Use Policy can’t cover every possible eventuality. It is, accordingly, your responsibility to exercise good judgment and be a good digital citizen at all times.

 

Acceptable Use Policy:

You agree, undertake and confirm that your use of the Services and the website shall be strictly governed by the following binding principles:

You are solely responsible for your information and data, and the website act only as a passive conduit for your online distribution and publication of your information and data. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (i) belongs to another person and to which you do not have any right to; (ii) 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; (iv) harm minors in any way including in violation of The Protection of Children From Sexual Offences Act, 2012; (v) 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 items; (vi) violates any law for the time being in force; (vii) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (viii) impersonate another person; (ix) 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 horses, 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; (x) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation. (xi) shall not be false, inaccurate or misleading; (xii) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and (xiii) shall not create liability for us or the website or cause the website to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.

Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with Terms, Acceptable Use Policy, and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, we (i.e. the intermediary under the above rules) has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to us against you either in these Terms or any policy contained herein, in any applicable law or under torts.

 

  1. Our Role and Where We Stand

You understand and agree that we and the Website merely provide a platform for communication to its users and persons browsing / visiting the Website. We are seen as a communication facilitator and an intermediary which merely provides a communication link for Parties to sell books.

The website also contains various third party user generated content and material. We and the Website neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. We and the website have no control over the third party user generated contents.

We cannot and do not guarantee, warrant, assure or ensure that the users or visitors will perform, undertake, consume or conclude any activities concluded on the website in compliance with these Terms. We shall not and are not required to mediate or resolve any dispute or disagreement between users or visitors.

We and the website do not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users or visitors. You are advised to independently verify the bona fides of any particular user or visitors and any information or data of any user or visitor that you choose to deal with on the website and use your best judgment in that behalf.

We and the website cannot control and do not actively moderate the information and data provided by other users and visitors which is made available on the website. You may find other user’s information to be offensive, harmful, inappropriate inaccurate, or deceptive. Please use caution and practice safe usage when using the website.

 

  1. Content and What is Prohibited

The materials displayed or performed on the Services (including, but not limited to, text, graphics, articles, photos, images, illustrations, User Submissions (defined below), and so forth) (the ‘Content’) are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Vedas Corporation) rights. For example, if someone uploads a book or a portion of text/image/graphics/article etc that doesn’t mean you can print it out and start distributing it to other for commercial use and profit. Neither can you use this material for something you further develop without giving appropriate credit to the first owner and indicating what changes you have made. This can in turn be used and shared by others in a similar fashion.

You understand that VEDAS CORPORATION, Jaipur, INDIA; owns the Services and the website. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services and the website other than as specifically allowed by the Creative Commons License mentioned on the Website.

 

  1. Rules Governing Use of Content and Intellectual Property.

A.Content License.Subject to any restrictions set forth in this Agreement, You hereby agree that your content is licensed in accordance with the licence(s) as agreed between you and Www.kitabay.com  :

a) Creative Commons Attribution 4.0 International (CC-BY 4.0)

http://creativecommons.org/licenses/by/4.0/

For any assistance with understanding a particular license, please contact kitabay.com@gmail.com

B.Back Up of Content.Www.kitabay.com encourages You to maintain Your own backup of any Website Content that You publish or post to the Website or submit to Www.kitabay.com  , including, without limitation, your . Www.kitabay.com   does not offer a backup service, and Www.kitabay.com  will not be liable for any loss of, modification, suspension or discontinuation of any Website Content offered on or through the Website and the KB Services.

C.Website Content

As a user (including Registered Users) of the Website, in respect of Website Content, You agree as follows:

Website Content – The KB Services contain Website Content owned by Www.kitabay.com  Website or its licensors or third parties (“Website Content”). You may use the Website Content only in connection with the nature of the KB Services and under the terms of the License, and You may not link to, use, copy, publicly display, publicly perform, communicate, distribute or otherwise exploit the Website Content in any unlawful or unauthorised manner. Www.kitabay.com  Platform and/or its licensors or third parties own and retain all proprietary and intellectual property rights in and to the Website Content, Website and KB Services.

Content Licence(s) Grant. The various  content is licensed to You under particular terms and conditions as indicated on accessing the relevant . You expressly agree that such terms and conditions shall govern your use of the relevant content. Except for the rights expressly granted under this Agreement, or the relevant  content licence, You have no other rights to the content.

A guide to the  content licence used on the website can be found at the following address:

Creative Commons Attribution 4.0 International (CC-BY 4.0)

http://creativecommons.org/licenses/by/4.0/

For any assistance with understanding a particular licence, please contact  kitabay.com@gmail.com

D.SoftwareWww.kitabay.com may provide You with certain software that Www.kitabay.com allows You to use from the Website (“Software”). Www.kitabay.com  grants You a limited, personal, non-exclusive and non-transferable license to use the Software solely for Your personal use in connection with authorised purposes associated with the Website and KB Services. Except for the licence set forth in the preceding sentence above, You acknowledge and agree that You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit the Software in any manner. This limited licence terminates automatically, without notice to You, if You breach any of term of this Agreement. Upon termination of this limited licence, You agree to immediately destroy any downloaded Software. Except as stated herein, You acknowledge that You have no right, title or interest in or to the Software.

Www.kitabay.com  reserves the right to remove any published User Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion.

E.Anything You post, upload, share, store, or otherwise provide through the Services is your “User Submission” Almost all User Submissions are viewable by other users. In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), You grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, You hereby grant Www.kitabay.com  content license to translate, modify (for technical purposes, for example making sure your content is viewable on your device, which could include phone, tablet etc as well as your computer) and reproduce such User Submission, in each case to enable us to operate the Services, as described in more detail below. This is a license only, your ownership in User Submissions is not affected.

You agree that the licenses You grant are royalty-free, irrevocable, and worldwide, for as long as your User Submissions are stored with us. You understand and agree that it is not possible to delete your account and your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users. You also agree that we are required under applicable laws to store (if not publicly display or distribute) the Content, User Submissions and your other information or data for certain time and may be forever if any such information or data is subject to any law enforcement or judicial actions.

Finally, You understand and agree that Www.kitabay.com  , in performing the required technical steps to provide the Services to our users (including You), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.

a) Takedown Policy

There are certain laws in India (including Information Technology Act, 2000 and Copyright Amendment Act, 2012) as they relate to online service providers and intermediaries like Www.kitabay.com  removing material that they are notified or believe in good faith violates any applicable law or someone’s copyright. We may at our sole and absolute discretion delete, remove, disable access or otherwise deal with your information and data on the website or in the computer resource of Www.kitabay.com  to comply with such laws.

b) Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and You access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss You might suffer in connection with it. We cannot control and have no duty to take any action regarding how You may interpret and use the Content or what actions You may take as a result of having been exposed to the Content, and You hereby release us from all liability for You having acquired or not acquired Content through the Services. The Services may contain, or direct You to websites containing, information You may find offensive or inappropriate; we can’t control that, but please let us know if it happens and we’ll try to remedy the situation.

We can’t guarantee the identity of any users with whom You interact in using the Services and are not responsible for which users gain access to the Services. You are responsible for all Content You contribute, in any manner, to the Services, and You represent and warrant You have all rights necessary to do so, in the manner in which You contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned, operated, or controlled by the Www.kitabay.com  When You access third party websites or use third party services (including, without limitation, your use of Publisher Software, defined below), You accept that there are risks in doing so, and that Www.kitabay.com  is not responsible for such risks. We encourage You to be aware when You leave the Services and to read the terms and conditions and privacy policy of each third party website or service that You visit or utilize.

Www.kitabay.com  has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that You interact with through the Services. In addition, Www.kitabay.com  will not and cannot monitor, verify, censor or edit the content of any third party site or service (including without limitation the Publisher Software). By using the Services, You release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including delivery of services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such organizations and/or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation Publishers). You agree that Www.kitabay.com  shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, You agree that Www.kitabay.com  is under no obligation to become involved. In the event that You have a dispute with one or more other users, You release Www.kitabay.com  , its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

 

  1. Intellectual Property on Other Websites

We respect the intellectual property of others, and we ask (and expect) our Users to do the same. Material available on or through other websites may be protected by copyright and the intellectual property laws of India and/or other countries. Www.kitabay.com  has no responsibility for content on other websites. When You are on websites other than the Www.kitabay.com  and sites, the terms of use of those websites, and not this Agreement, governs your use of the material You find there.

Www.kitabay.com  retains the right, in its sole discretion, to disable and/or terminate the Accounts of Users who infringe (or, in Www.kitabay.com ’s ’ discretion, who repeatedly infringe) Www.kitabay.com  or others’ copyrights or other intellectual property rights.

 

  1. Violation of Terms & Conditions

You will automatically lose the right to use or access the Services if You violate these Terms of Use or any published Www.kitabay.com  policies. We also reserve the right, in our sole discretion, to terminate your access to all or part of any of the Services, for any reason, with or without notice.

If You violate any of these Terms of Use, You are violating your Agreement with Www.kitabay.com  and may be violating intellectual property, unfair competition and other laws.

 

  1. Warranty Disclaimer

Www.kitabay.com  does not make any representations or warranties concerning any content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services.

We do not in any manner represent or warrant that our website and our services will be uninterrupted or error free, that defects if any shall be corrected or that our website or the servers that make our websites available are free of viruses or other harmful components.

THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Except as expressly provided otherwise, You assume all risks concerning the suitability and accuracy of the information within our website, content, publications and documents. Our website, content, publications and documents may contain technical inaccuracies or typographical errors. Www.kitabay.com  assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in our website, content, publications and documents and in any other reference. Applicable law may not allow certain limitations or exclusions on warranties; hence the above limitations shall apply to You to the fullest extent permissible given the applicable law.

 

  1. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WWW.KITABAY.COM  WEBSITE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) INDIAN RUPPES 100 OR (II) ANY MATTER BEYOND OUR REASONABLE CONTROL.

 

  1. Indemnification

You agree to indemnify and hold Www.kitabay.com  website, its trustees, board members, employees, , and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys and court and arbitration fees) arising from or in any way related to any third party claims relating to (a) Your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event You will cooperate with us in such defense and any settlement.

 

  1. Jurisdiction / Applicable Law

These Terms are governed by and will be construed under the laws of the Republic of India, without regard to the conflicts of laws provisions thereof. For all purposes of these Terms (including other terms and policies referred herein), the parties consent to exclusive jurisdiction and venue in the courts located in city of Jaipur, state of Rajasthan, Republic of India and each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court.

 

  1. Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on www.kitabay.com in constitute the entire agreement between You and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

  1. Assignment

You may not assign, delegate, novate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Www.kitabay.com ’s prior written consent. We may transfer, assign, novate or delegate these Terms and our rights and obligations without consent. Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

  1. Termination

We may, in our discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of our Website at any time without prior notice.

Grievance Officer

The Grievance Officer for the purpose of your personal information as governed by the Privacy Policy is Admin for Vedas Corporation and can be reached at contact@kitabay.com.

Thank You for using www.kitabay.com

Privacy Policy

 

This document is a written agreement and an electronic record and valid and enforceable electronic agreement / contract under Information Technology Act, 2000 (as applicable in Republic of India) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. Your usage of the Website shall be your deemed acceptance of this Privacy Policy and all the modifications and updates thereto.

Your privacy is very important to us. We do not publish, sell or rent your personal information to third parties for their marketing purposes; which includes your acceptance of this Privacy Policy. Please read this privacy policy to learn more about the ways in which we use and protect your personal information. IF YOU DO NOT AGREE PLEASE DO NOT USE OR ACCESS OUR WEBSITE.

This Privacy Policy covers the information; Vedas Corporation and (” Www.kitabay.com” and/or “We”) collect from the user(s) , whether or not registered with (“User(s)” and/or “You”), Www.kitabay.com (“Website” including any successor website) and includes the Services – (the term as defined in the Terms of Use). This Privacy Policy should be read in conjunction and together with the Terms of Use of the Website available on https://kitabay.com/terms-condition/

Nature of Information collected by us:

During your registration or usage of the Website you may provide and/or we may access, capture or store various sensitive personal information, personal information or general information or data with respect to your activities or usage on the Website. We may install cookies or other similar data collection software in your computer system for such purpose and you hereby consent to the same. Certain information or data which you will provide includes:

  1. First Name and Last Name (used as a user name)
  2. Email
  3. Password(s) associated with the above user identification (email id)
  4. Mobile Number
  5. Address

In the event, you, being a minor, do not wish to register on our Website, but wish to generally browse and use the Website, you hereby declare that you have the consent and authorization of your parent / guardian and will use the Website under his/her control and supervision.

You shall provide correct and updated information:

You represent to us that the information or data you provide to us on the Website from time to time is and shall be correct, current and updated and you have all the rights, permissions and consents to provide such information or data to us. Your providing the information or data to us and our consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.

Information for which we are not responsible:

While using the Website you may provide sensitive personal information, or other general information about yourself or in connection with yourself to third parties or generally post on the Website. The Website may have webpages, cookies, files, software, data or other information or communication links that are originated, created or posted by third parties (including advertisers, content or other partners or users) that can or have the capabilities of collecting, storing or using your data / information. We are not responsible for such data or information collected, stored or used by third parties even if such third parties use the Website to collect, store or use such data or information.

How we protect your information:

We use reasonable security measures, at the minimum those mandated under Information Technology Act, 2000 as amended and read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, to safeguard and protect your data and information. However, you may note that we may collect, store and process your information or data in computer resource, computer system or computer network which may not be owned or controlled by us and may be situated outside of Republic of India. You acknowledge that governmental or law enforcement authorities in the countries where your data or information is stored may have right to decrypt, collect, monitor or access to your data or information which actions are completely out of our control. We don’t take any responsibilities for such actions.

Unfortunately, the transmission of information over the Internet is not completely secure. Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have commercially reasonable procedures and security features in place to reasonably endeavor to prevent unauthorized access.

How we use your information:

One of the key purposes for us to collect your personal and general information or data is to provide you with a safe, efficient, smooth and customized experience.

We use your information to facilitate and provide the Services. We may need to use your information or data to resolve disputes; troubleshoot problems; help promote safe and efficient usage of Website or our Services; measure interest in the services provided by us; inform you as required; customize your experience; detect and protect you and us against error, fraud and other criminal activity; enforce our terms of use or other agreements between us; and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your information or data to identify users using multiple User IDs or aliases. We may compare and review your information or data for errors, omissions and for accuracy.

You agree that we may use your information or data , to analyze site usage, improve the site’s content and offerings, and customize the site’s content, layout, and services. These uses improve the site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the site.

You agree that we may use your personal information to contact you and deliver information to you with respect to administrative notices, and communications relevant to your use of the Website. By accepting Privacy Policy, you expressly agree to receive this information.

We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of service operations that we provide to you on the Website (e.g., search technology, discussion boards, technical service providers, affiliate) and therefore we may provide some of your information or data directly to these internal service providers. These internal service providers’ are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific Website related operations. In some instances, the internal service provider may collect information directly from you (such as for Website surveys or for co-branded services). In these cases, you will be notified of the involvement of the internal service provider, and all additional information you provide them and their additional uses will be strictly up to you. If you provide additional information to an internal service provider directly, then their use of your personal information is governed by their applicable privacy policy, if any.

You acknowledge that the Website provides free of cost access to you. We have received and will continue to receive funds from various third parties including government agencies within or outside of India. We may share your data or information, with our parent, affiliates, subsidiaries, and joint ventures that are committed to serving your needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other users.

You understand, agree and acknowledge that our collection, storage and processing of your information or data for a lawful purpose connected with a function or activity of the Website, our activities and those of our parents, affiliates, subsidiaries and joint ventures. You further understand, agree and acknowledge that your information or data which is classified as sensitive personal information as per applicable laws is considered necessary for us to provide various services on the Website to you and for your usage of the Website and other services provided by us in relation to the Website.

How we store your information or data:

Your information or data will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under full compliance with applicable laws. We may enter into agreement with third parties (in or outside of India) to store your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.

Compliance with laws and law enforcement:

We cooperate with government and law enforcement agencies or to any third parties by an order under law for the time being in force to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect the property and rights of Website or a third party, to protect the safety of the public or any person, or to prevent or stop any illegal, unethical or legally actionable activity. We may also provide your information or data to various tax authorities upon any demand or request from them. You acknowledge that the Website can be accessed from anywhere in the World and website will have users from all over the World and therefore government, judiciary or law enforcement authorities in various parts of the world may have or assume jurisdiction over us or the Website and we may be subject to the laws, rule, regulations and judgments of various countries, states, municipalities or province where we may not have a direct presence to store, process, collect, use or keep your information or data. You acknowledge that governmental or law enforcement authorities in the countries where your data or information is stored may have right to decrypt, collect, monitor or access to your data or information which actions are completely out of our control. We don’t take any responsibilities for such actions.

Business transfers:

We may sell, transfer or otherwise share some or all of its assets, including your information or data in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. Should such a sale or transfer occur, we will reasonably ensure that the information or data you have provided through the Website is stored and used by the transferee in a manner that is consistent with this Privacy Policy.

Communication policies

We may use your information or data for various communications to you. You have full control regarding which of these communications you want to receive. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. Please note that once we receive your request, it may take an additional period of time for your opt-out to become effective.

Deleting your information:

If you wish to have the information or data that you have provided to us deleted, you can always do so by sending a request to us on the e-mail id of our services department provided at the bottom of this page. You may note that deletion of certain information or data may lead to cancellation of your registration with the Website and your access to certain features of the Website. You also agree and acknowledge that certain data or information cannot be deleted or prohibited to be deleted as required under any applicable law, law enforcement requests or under any judicial proceedings.

Changes in privacy policy:

From time to time we may update or modify this Privacy Policy. Your continued use of the Website constitutes an acceptance of the then-current Privacy Policy so we encourage you to visit this page periodically to review any changes.

Contact us:

If you have any questions about this Privacy Policy, the practices of Website or your dealings with the Website, you can contact us at info@kitabay.com.

 

Return & Refunds

 

We would entertain the return, only if cancellation request is sent before it gets dispatched from kitabay warehouse facility. Once the order is dispatched, you can make cancellation request upon successful delivery, where shipment cost would be deducted from the refundable amount.

For any return/refund, the buyer/customer shall intimate within 24 hours of delivery from their kitabay dashboard or an email on kitabay.com@gmail.com.

Estimated time to process and credit the refund amount may take up to 7-10 days.

Our return address will be as mentioned on the billing invoice as well as at Contact Us page.

If you have any questions or clarification you can mail us and we shall assist you on how to have the product sent back to us.

 

Refunds on Returns:

Refund would be issued using the same mode of payment, used while placing the order.

At any point of time the refunds will not exceed the actual value of the goods.

Shipping cost would be deducted for both the sides in case of refund.

We will not refund the custom duties, taxes, if applicable, or paid by you at time of receiving the goods.

*Once a package is received, the return has to be made at the buyer’s end at their cost, to initiate refund/exchange.

 

NO REFUNDS WILL BE GIVEN IN THE FOLLOWING CASES:

  1. Incorrect or outdated delivery address including any form of a PO Box address.
  2. After 3 failed delivery attempts by our courier agencies.
  3. Package refused by recipient.
  4. Products returned in a damaged condition.