EBOOKS S CHAND GROUP WEBSITE TERMS AND CONDITIONS

These Terms and Conditions (“Agreement”) shall govern the legal relationship between, S Chand Group (hereinafter referred to as “Company”) i.e. owner of the website https://ebooks.schandgroup.com (hereinafter referred to as “Website”) and the User(s) of the Website. The term Company shall include S Chand And Company Limited 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:

1. Use of EBooks S Chand Group 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 Website includes students, channel partners of the Company, schools, colleges, coaching institutes/centers, parents of students and teachers and any other person who visit 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 make 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, Company does not warrant that the services provided by it will be uninterrupted, timely and/ or error free.

2. 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.

3. Refund Policy

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

4. 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.

5. 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:

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

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

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

(ii) 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,

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

(iv) violates any Law for the time being in force,

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

(vi) impersonates another person,

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

(viii) 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.

(c) 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.

(d) 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.

(i) 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,

(ii) 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,

(e) 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.

(f) 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.

(g) 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.

(h) Company and the User(s) would take all reasonable measures to secure the computer resource and information contained therein of Company by following the reasonable security practices and procedures as prescribed by Laws of India from time to time.

(j) Company may develop, produce, distribute or employ technological means for the sole purpose of performing the acts of securing its computer resources and information contained therein; intellectual property rights (IPRs), etc. from illegal and unauthorized uses and cyber-attacks. User(s) unconditionally and absolutely agree to use of such technological methods by Company and understand and agree that this would not be construed, either directly or indirectly, as violation of any of their rights, including privacy rights of the User(s) / Student(s).

6. Grievance or Nodal Officer

If the User (s) have any question, query, suggestion, complaint, grievance, etc. that he/she wish to share with us or report to us, then he/she is free to contact us at Toll Free – 1800 103 1926 or write to us at customercare@schandpublishing.com . The Grievance Officer will try to redress the complaints/grievances within one month from the date of receipt of complaint/grievance. Grievance/Complaints not reported in the manner specified in this clause would be rejected outrightly and no notice of the same shall be taken by the Company in any case whatsoever.

 

7. Intellectual Property Rights

All the intellectual property rights (IPR) in 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 Website does not create any intellectual property in favor of the User(s).

The Website hereby permits the User (s) to use its IPRs for the sole and limited purpose for availing the services offered by it strictly as per the requirements of Legal documents or any other regulatory or Legal compliance of any jurisdiction, etc. The User/(s) is/are under all circumstances, strictly prohibited to use the IPRs in non-permitted purposes, which includes but not limited to copying, reproducing or transmitting the IPRs to any other person or device/medium that is presently known to/or will be known in future.

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 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.

8.  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.

9.  Usage of Account

Once the User(s) buys any eBook and it is downloaded in his/her Account, the User(s) can then open his/her Account by logging in and access the eBook anytime. The User(s) can access the eBook only on 1 (one) device at one point in time i.e., only one person can access the eBook from one user id at one point in time. If any User(s) fails to comply with this condition, Company shall be entitled to cancel his/her account immediately and will bar him/her from using Website in future.
 

10.  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 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.

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 Company 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.

11.  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.

12.  Objectionable Contents Policy

The User(s) admit, agree and accept that they may be exposed to content posted by other persons which they may find offensive, unacceptable, obnoxious or indecent and that the Company may not be able to prevent such content being posted or prescreened. Such content should be brought to notice of the Company and the Grievance / Nodal Officer appointed by Company. The Company act upon such information as it deems proper in accordance with Legal documents and its policies. The decision taken by Company and its Management in this regard shall be final and binding on the User(s) and the User(s) specifically agree that Company will not incur any liability under any circumstance whatsoever regarding the same.

13.  Online Banking Transactions and Payment rules

It is the sole responsibility of the User(s) to manage the Online Banking and financial transactions and payments regarding the Website. The User(s) is solely responsible to acquaint and comply with all applicable laws of India, including those pertaining to online payments and transfer of funds through online and offline methods and Company shall in no way be responsible for any loss caused to the end users during any banking transactions related to the use/ access of the Website. The User(s) have to be sure that they are complying with the requirements and regulations as framed by Reserve Bank of India (RBI) from time to time. Any online monetary transaction in violation of the rules and regulations prescribed by the RBI and other applicable Laws of India shall be solely attributable to the concerned User(s) and Company shall not be held liable in this regard.

User(s) understand and acknowledge the fact that Company is neither a bank nor a financial institution and that the purchases/balance, if any, standing to the credit in User(s)’s account does not accumulate any interest. User(s) also understand and agree that his/her account maintained with Company is purely for the purpose of availing the services made available on it. User(s) shall not purchase, sell, trade, rent, lease, license, grant a security interest in, or transfer his / her account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from or associated with the Company or by using any Services.

User(s) using Website and its services may be required to send/receive money to/from Company. This process necessarily involves use of third-party electronic payment processors or service providers (ESPs). To facilitate the same, User(s) unambiguously and permanently allow and authorize Company to instruct such ESPs to handle User(s) monetary transactions vis-à-vis dealings of Website.

User(s) also agree that in accordance with their requests as abovementioned, Company may give such instructions on their behalf. User(s) agree to acquaint themselves with the terms and conditions of use of each appropriate ESP. In the event of conflict between these Legal documents and the ESP’s terms and conditions, these Legal documents shall prevail.

14.  Impersonation and unauthorized dealings prohibited

Company does not tolerate illegal and unauthorized activities on or against it by either User(s) or unrelated third parties. User(s) are absolutely prohibited from impersonating another person or user or deal in any other manner that is prohibited by the Laws of India and other jurisdictions. If Company have reasonable grounds to believe that a User(s) has indulged in any prohibited activities or has committed any Crime or Cyber Crime, Company may in its sole discretion, but without any Legal obligation to do so, initiate appropriate Legal proceedings against the offender as well as notify the same to any regulatory or Law enforcement agency of India or foreign jurisdiction. Company may also suspend or terminate User(s)’s account at and other privileges for the use of the Company.
 

15.  Promotions 

Company may organize various scholarship or educational quiz / competition / tournaments from time to time as per its policies and Legal documents. User(s) who would win such quiz / competition / tournaments may be offered gifts and items that may belong to third party vendors and companies. Company has no affiliation or partnership with these third-party vendors and companies and all the rights and obligations vis-à-vis these third party gifts will exclusively be governed by the terms and conditions mentioned by these third party vendors and companies. Any dispute or grievance between the User(s) must be addressed to these third-party vendors and companies alone and not to Company.

User(s) also agrees that by providing their telephone/mobile numbers, e-mail and other contact information to Company, they are granting an absolute and unrestricted right in favour of Company to contact User(s) by Call/SMS/E-Mail to provide User(s) information on all promotional activity/events conducted by Company and its partners. User(s) can opt-out of such communications from Company as per the privacy policy of the Company and by sending an E-Mail to the Customer care personnel with the subject line “Please Unsubscribe Me”. User(s) must also specify the segment(s) from where they wish to Unsubscribe. The contact details of the User(s) will not be used for any third-party communication whatsoever.

16.  Waiver and Severability 

Company have the absolute discretion to exercise its rights against User(s) in such manner and at such time as Company may deem appropriate. The inaction or delay on the part of Company to act or exercise any right or remedy with respect to a breach of any of these terms and conditions or Legal documents by User(s) shall not be deemed to be a surrender or waiver of Company rights to act with respect to any prior, concurrent, subsequent or similar breaches. If any Judicial or Quasi-Judicial body/authority in India declares any of these terms or conditions to be unlawful, invalid, void or unenforceable for any reason, the validity and enforceability of the remaining terms and conditions will not be affected. Any such inappropriate term or conditions will be replaced by Company with another term that is valid and enforceable and is in most nearly with effect to the original invalid term. User(s) shall not object to such replacement of terms and conditions by Company for any reason whatsoever.

17.  Warranty Disclaimers 

Company 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 Company and its Services at his/her own and sole risk. Company 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.

18.  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 Company 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.

For the purpose of this clause, the term Arbitrator shall mean and include Online Arbitration Forum / Institution and the Company may use any Online Dispute Resolution (ODR) service provider, whether Indian or foreign, in this regard in its sole discretion. User(s) absolutely and unconditionally agree that they would agree to the terms and conditions of such ODR service provider for resolving disputes arising out of use of Services of Company.

19. 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.