Conditions of Use
Welcome to Kerala Bhasha Institute (KBI) Store. KBI Seller Services and its affiliates provide access to the KBI website (the "website") to you subject to the conditions set out on this page.
Please read these conditions carefully before using the KBI website. By using the KBI website, you signify your agreement to be bound by these conditions.
In addition, when you use any current or future KBI service (eg. Wish List or Marketplace), you will also be subject to the terms, guidelines and conditions applicable to that KBI Service. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
· Conditions Relating to Your Use of KBI store
· Notice and Procedure for Making Claims of Infringement
· Notice and Procedure for Notifying KBI of Objectionable Content
Conditions Relating to Your Use of KBI Store
1. Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account if you use the KBI website. You agree to accept responsibility for all activities that are happening under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has accessed by anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided while registering. You can access and update much of the information you provided us with in the Your Account area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes. KBI reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
Please review our Privacy Notice, which also governs your visit to KBI Store, to understand our practices. The personal information / data provided to us by you during the course of usage of KBI store will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
3. E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that KBI is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website.
4. Access to KBI Store
We will take utmost care to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5. Licence for website access
Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, KBI grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of KBI and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of KBI and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KBI and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising KBI or its affiliates' names or trademarks without the express written consent of KBI and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by KBI and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of KBI as long as the link does not portray KBI, KBI, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KBI logo or other proprietary graphic or trademark as part of the link without express written consent of KBI and / or its affiliates, as may be applicable.
6. Your Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not KBI, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
· for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
· to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
· to cause annoyance, inconvenience or needless anxiety
7. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. KBI reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of KBI violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you
1. (a) grant KBI and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
2. (b) KBI and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to KBI, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to KBI: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable KBI policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify KBI and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
8. Claims against Objectionable Content
Because KBI lists hundreds of books for sale authored by experts on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of books listed for sale, or each comment or review that is displayed. Accordingly, KBI operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, KBI will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
9. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KBI, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of KBI and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of KBI, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the website without KBI and / or its affiliate’s (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without KBI and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without KBI and / or its affiliate's (as may be applicable) express written consent.
10. Intellectual Property Claims
KBI and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes.
14. Indemnity and Release
You shall indemnify and hold harmless KBI, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release KBI and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Use of KBI is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use KBI only with the involvement of a parent or guardian.
When you visit KBI, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
19. Alteration of Service or Amendements to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
20. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
22. Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
23. Our Details
This website is operated by KBI.
For the http://www.keralabhashainstitute.org website, you could contact us by visiting: http://www.keralabhashainstitute.org/
24. KBI Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with KBI services.
Notice and Procedure for Making Claims of Right Infringements
If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to KBI the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify KBI for all claims brought by a third party against KBI arising out of or in connection with the submission of a Notice Form.
ISBN-10, Defined: "ISBN-10" stands for International Standard Book Number and is a ten (10) digit identifier that can be found on some book listings under "Product Details".
Important Warning: giving false, misleading or inaccurate information in the Notice Form to KBI may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
If you believe that your rights are being violated by an item or information on the http://www.keralabhashainstitute.org site, you may fill out and submit the Notice Form (below). This signed form can be sent via E-mail PDF or Fax to the Grievance Officer:
Name: Shibu Sreedhar
e-mail PDF: firstname.lastname@example.org
Subject Line: Claim of Infringement
(We will accept a signed PDF via e-mail with the subject line "Claim of Infringement" or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice form using the corresponding numbered paragraphs to frame your communication.
I, [INSERT FULL NAME AND TITLE ] of [COMPANY NAME, IF APPLICABLE] , state as follows:
1. Contact information
:(a) Your and/ or your company's name, address, telephone number and contact email address; (b)The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).
2. Listing's ISBN-13 and Allegation of Infringed Right:
(a) The listing's ISBN-13 number or detailed description of where the information that you claim is infringing your rights is located on the site; A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this ISBN-13. [REPEAT (2)(a-b) as necessary for multiple items, see example Notice Form here.]
3. Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
4. Include the following statement: "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
5. Sign the Notice Form.
Notice and Procedure for Notifying www.keralabhashainstitute.org of Objectionable Content
If you believe that any content on, or advertised for sale on, the website contains any Objectionable Content as defined under Section 8 above, please notify us immediately by copying the Notice to www.keralabhashainstitute.org of Objectionable Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a signed copy via E-mail to the Grievance Officer:
Name: Shibu Sreedhar
e-mail PDF: email@example.com
Subject Line: Claim of Infringement
Please note that this procedure is exclusively for notifying www.keralabhashainstitute.org of Objectionable Content on or advertised for sale on the www.keralabhashainstitute.org website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: Giving false, misleading or inaccurate information in the Notice to www.keralabhashainstitute.org may result in civil and/ or criminal liability.
Notice to www.keralabhashainstitute.org of Objectionable Content
In the matter of www.keralabhashainstitute.org
I, [Please set out your full name] of [please give your postal address], [please set your occupation], says as follows:
1. I refer to the website www.keralabhashainstitute.org ("the website"). I make this statement in support of my giving www.keralabhashainstitute.org notice that, via the website, it is causing or contributing to the publication of Objectionable Content.
2. The Objectionable Content (delete whichever paragraph is not applicable): (a) appear in a book being sold by www.keralabhashainstitute.org via the website entitled [please state the book name and its author]. The Objectionable Content appear on page [please state the page number(s) where you consider the words constitute Objectionable Content]. OR (b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the Objectionable Content appears].
3. The words/ content that I consider to be Objectionable Content are [please repeat the exact words you are complaining about].
4. This content is Objectionable Content because [please state why you consider the content is Objectionable Content].
5. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Please read the conditions of use carefully before using the www.keralabhashainstitute.org website. By using the www.keralabhashainstitute.org website, you signify your agreement to be bound by these conditions.