Welcome to the Fundoodaa Books Application (App). Please read these terms and conditions (Terms, Terms and Conditions) carefully before using the App. The App is operated by Chie Media Private Limited (Chie Media, us, we, or our). These Terms and Conditions govern use of the App in order to avail any services by you (you and user).
Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access, view, download or use the App.
By accessing, downloading or using the App you agree to be bound by these Terms. If you disagree with any part of these Terms then you may not access, download or use the App.
1.1 The App provides its users the facility to purchase, subscribe and access digitized interactive e-books (Services). The users may purchase e-books available on the App (E-Book(s)) or subscribe to E-books library. The App can be downloaded by the users for free, but in order to avail the Services the users need to pay appropriate fee as provided for in clause 3.1. By using our Services, information and by downloading the App, you are agreeing to these Terms and Conditions.
2.1 Your use of the App and our Services is subject to these Terms and Conditions. You may use our Services only as permitted by law. Services to you may be suspended or stopped permanently if you do not comply with applicable law and these Terms and Conditions or if we, or any authorized authority are investigating any alleged misconduct or breach of law.
2.3 BY USING OR ACCESSING THE APP OR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
2.4 We reserve the right to change, amend or modify the Terms and Conditions at any time. Any such change, amendment or modification to our Terms and Conditions, shall be notified to you prior to implementation of such change.
2.5 If any changes or updates to the Terms and Conditions are not acceptable, you should immediately cease to use the App and Services you have previously signed up for. Your continued use of the App and the Services after a change or update has been made to the Terms and Conditions will constitute your acceptance of any change or update the Terms and Conditions.
2.6 When you upload any information on the App you agree to provide current, complete, true and accurate information. You agree not to provide any false or misleading information. You agree to update any changes in the information provided by you on the App. If Chie Media suspects that any information uploaded by you is untrue, inaccurate, not current or incomplete; Chie Media may refuse you access to the Services and pursue any appropriate legal remedies.
2.8 The App may contain links to other websites and applications. Once you link to another site or application, you will be subject to the terms and conditions of such new site or application.
3 Subscription, Purchases and Payments
3.1 You can use your apple/ android id to log in to the App (Account) and avail Services. To avail Services on the App, you may (a) purchase an E-Book through the App; or (b) subscribe to the E-books library through the App for a period of three months, six months or twelve months (Order). If you wish to make an Order through the App, you are required to pay a non-refundable amount as provided for in the description of E-books and as shown in a pop-up window that will appear prior to completing a transaction and placing of an Order (Purchase Fee).
3.2 You represent and warrant that any information you provided to us is true, correct and complete. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of the Order.
3.3 We reserve the right to refuse or cancel your Order at any time for certain reasons including but not limited to: errors in the description or price of the E-Book or the E-Book library subscription plan or other reasons.
3.4 We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected.
3.5 The respective apple/ android application store, through which an Order is placed will generate an invoice for successful Orders. The invoice shall contain respective tax calculation and such other relevant information as may be required.
3.6 Each party shall be responsible for and shall pay to all applicable taxes, applicable to the transactions hereunder that are transacted by such party.
3.8 Any other available modes of payment shall be as shown on the App from time to time.
4.1 CHIE MEDIA, ITS E-BOOKS, CONTENT, SUBSCRIPTIONS AND SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CHIE MEDIA DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, PRICE OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
4.2 CHIE MEDIA MAKES NO WARRANTY THAT THE E-BOOKS, THE CONTENT OF E-BOOKS, OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CHIE MEDIA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, ACCURACY, TIMELINESS, TRUTHFULNESS OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE ON CHIE MEDIA. CHIE MEDIA MAKES NO WARRANTY THAT THE E-BOOKS, THE CONTENT OF E-BOOKS shall not be defamatory to any third-party, or incite violence or perpetuate hatred.
4.3 YOU HEREBY RELEASE AND DISCHARGE CHIE MEDIA FROM ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, DAMAGES, LOSSES, DEMANDS OR OBLIGATIONS OF EVERY KIND AND NATURE, IN RELATION TO ANY SERVICES PROVIDED BY CHIE MEDIA TO YOU.
4.4 If any changes or updates to the Terms and Conditions are not to your acceptance, you should immediately cease to use the App and the Services and cancel any Account you have previously created. Your continued use of the App or the Services after a change or update has been made to the Terms and Conditions will constitute your acceptance of such change or update.
5.1 We are constantly updating the App and the Services provided. The Services available on our App may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the App, and in our advertising on other web sites.
5.2 Chie Media makes no warranty express or implied on the accuracy or completeness of any information, including prices, product images, specifications, availability, and Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice to the users.
6.1 Chie Media is the sole owner and proprietor of all the rights to the App. All promotional material used by Chie Media, including not limited to brand, label, design, layout, images, user-interface, domain-names and text are the property of Chie Media (Chie Media Intellectual Property) and indicative of Chie Media and its Services. Chie Media’s ownership and title over such Intellectual Property is protected by applicable laws including but not limited to copyright, trademark, trade-names, internet domain names, data protection, Information Technology laws, privacy rights and other similar rights and statutes. All ownership and intellectual property rights in the App and its contents shall remain with Chie Media, its affiliates or licensor’s, as the case may be and does not pass on to you.
6.2 You may view content on the App for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You must not:
a. Share, distribute, reproduce, duplicate, copy or otherwise exploit material or content from the App for any purpose whatsoever;
b. Edit or otherwise modify any content, pages or content of the App;
c. Remove any copyright and other notices contained in any content displayed, downloaded, or copied from the App;
6.3 You agree to inform us of any un-authorized use of our Intellectual Property by any third-party and cooperate with us for restricting and prohibiting such un-authorized use of our Intellectual Property.
7.1 As a critical and material condition of your use of our App and the Services, you agree and undertake that you will not at any time, directly or indirectly, do or permit to be done all or any of the following.
a. Probe, scan or test the vulnerability of the App or our Services;
b. Restrict or inhibit any other user from using and enjoying our App or the Services;
c. Engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability;
d. Distribute in any manner or upload any harmful, obscene or otherwise illegal or objectionable material of any kind;
e. Post, send, submit, publish, or transmit proprietary material of any third party without their consent;
f. Impersonate or misrepresent your affiliation with any person or entity;
g. Send altered, deceptive or false source identifying information, including “spoofing” or “phishing”;
h. Violate any law or undertake any activity on the App that could upon the occurrence of a third party action or omission violate any law;
i. Post, send, submit, publish or transmit programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
j. Violate or attempt to violate, the security of the App;
k. Use the App or our Services to infringe the intellectual property rights of others in any way;
l. Use the App or our Services or make any attempt to penetrate, modify or manipulate the App or our Services or any of our hardware or software in order to:
i. invade the privacy of, obtain the identity of, or obtain any personal information or documents concerning (including but not limited to IP addresses of) any of our Account holders or users, or
ii. modify, erase or damage any information contained on the computer of any user connected to the Services;
m. Reverse engineer any portion of the App or Services or any applications or software used therein or in relation thereto;
n. Co-brand the App;
o. Frame the App; or
p. Hyperlink to this App, if the hyperlink:
i. is misleading or not directing a user our App; or
ii. uses any of our trademark, service mark, logo, or other proprietary images, brand names, icons or other intellectual property owned by us or licensed to us; or
iii. appears on websites or applications that use religious or cultural symbols in a way that is likely to offend a particular religious or ethnic group; or
iv. appears on websites or applications that contain or link to any other website or applications that contain obscene, discriminatory, offensive, pornographic material of any kind; or
v. frames the content of our App; or
vi. appears on any site or app that disparages our App, Services or brand or which infringes our Intellectual Property or other rights.
In the event you create a hyperlink to our App, you agree to indemnify and hold us and our affiliates harmless from and against any claims for damages or other claims arising from such hyperlink to our App or our affiliates. Further, you agree that, should we request you to remove a hyperlink to our App, created by you, you will remove such hyperlink to our App promptly.
The appearance of a hyperlink to our App on an external website or application does not in any way mean that the said hyperlink was authorized by us, nor does it constitute any form of co-operation with or endorsement by us of any such third party websites or applications. We are not liable for any loss or damage incurred or suffered by you or any third party arising out of or in connection with such link.
q. Assist or permit any persons in engaging in any of the activities described above.
For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impressions that such other party has the right to display, publish, or distribute this site or content accessible within the App.
7.2 You agree to cooperate with us in causing any unauthorized use, co-branding, framing or hyper-linking to immediately cease.
7.3 If you violate any Terms and Conditions, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately terminate or suspend any and all of your Accounts without assigning any reasons.
7.4 You acknowledge that we are not required to provide you notice before terminating or suspending our Services, but may choose to do so. We reserve the right to deny, in our sole discretion, any user access the App or Services without notice and for any reason (including, without limitation, for violation of these Terms and Conditions).
7.5 Chie Media reserves the rights to monitor use of the App to determine compliance with these Terms and Conditions, as well the right to remove or refuse any information for any reason or suspend your access to the App for any reason. Notwithstanding those rights, you remain solely responsible for the authenticity of the Information uploaded by you on the App or for access of our Services.
7.6 We reserve the rights to investigate and to cooperate with law enforcement authorities, and to pursue any investigation pertaining to civil lawsuit(s) or criminal prosecution for any alleged or actual illegal activities involving THE APP or any of the Services.
8.1 THE APP, E BOOKS, THE CONTENT, AND SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHIE MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO USE OF SERVICES, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CHIE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WITHOUT PREJUDICE TO THE FOREGOING, THE AGGREGATE LIABILITY OF CHIE MEDIA FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO CHIE MEDIA, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO TWENTY-FIVE PERCENT OF THE VALUE OF THE NET PAYMENT ACTUALLY RECEIVED BY CHIE MEDIA IN RELATION TO THE SPECIFIC ORDER GIVING RISE TO SUCH LIABILITY, WHICH NET PAYMENT SHALL BE COMPUTED AFTER DEDUCTING ANY TAXES PAID OR PAYABLE ON THE TRANSACTION.
8.2 THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE APP OR ANY OTHER PART OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO CHIE MEDIA.
9.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with such breach, including suspending your access to the App, prohibiting you from accessing the App, contacting your internet service provider to request that they block your access to the App and/or bringing court proceedings against you. Any suspension of Services available to you or refusal of access to the App for breach of these Terms will be at no cost to us. All payment made previously towards subscription of E Books library will stand forfeited in the favour of us. No refunds of the payment of subscription will be provided.
9.2 Notwithstanding any of these Terms and Conditions, Chie Media reserves the right, without notice in its sole discretion, to terminate your Account and/or block your use of the App.
9.3 If you wish to terminate your account, you may simply discontinue using the Services and deactivate your Account on the App.
You will not hold Chie Media responsible or liable for any delay or non-performance of any obligations under these Terms that may occur due to any cause (s) beyond our reasonable control including but not limited to, Act of God, Government Act, War, Fire, Flood, Explosion, Civil commotion etc.
These Terms and the Services provided herein are personal to you. You are prohibited from assigning, transferring or conveying any part or the whole of these Terms between you and us to any third party or entity, without prior permission and written consent from us.
You agree to indemnify and hold Chie Media harmless, and to defend Chie Media from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Services; (ii) user your violation of these Terms and Conditions governing your use of the Services; (iii) the infringement by you, or any other person using your Account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.
16.1 These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions, and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka.
We are committed to promptly address any grievances that you might have in connection with these Terms and Conditions, the App or our Services or our use of any information. Accordingly, you may communicate any grievances that you might have by e-mailing us at contact details provided here firstname.lastname@example.org.