Welcome to the Asian Publisher’s Term and Conditions, are between Asian Publisher’s and You (Hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website (www.asianpublishers.co.in) Website shall be referred to as “Asian Publishers Platform, you agree to be bound by the provision of these Terms and Conditions.
Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on the Asian Publishers Platform as they shall govern your use of the Asian Publishers Platform. By using or visiting the Asian Publishers Platform or any Asian Publishers software, data feeds, and service provided to you on, from, or through the Asian Publishers Platform, you signify your agreement to (1) these “Terms and Conditions”, (2) Asian Publishers’ Privacy Policy and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the Asian Publishers Platform.
INTRODUCTION
By using or accessing the Asian Publishers Platform in any way, including registering on Platform, using, viewing, sharing, embedding and/or downloading any services, you agree to be bound by the Asian Publishers Policies, including but not limited to the Asian Publishers Privacy Policy and Asian Publishers Copyright Policy.
IF YOU DO NOT UNDERSTAND THE ANY OF THE TERMS OF USE OR DO NOT AGREE WITH/ACCEPT ANY PART THEREOF, YOU SHOULD IMMEDIATELY DISCONTINUE THE USING OR ACCESSING THE PLATFORM. YOUR USE AND/OR CONTINUED USE OF PLATFORM, AS CASE MAY BE, AMOUNTS TO EXPRESS CONSENT BY YOU TO THIS TERMS OF USE AS WELL AS OTHER ASIAN PUBLISHERS POLICIES.
DISCLAIMER
We do not represent or guarantee that this Platform will be free from errors or viruses. You acknowledge that this Website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical problems with the Internet or infrastructure failures.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Platform, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Platform.
YOUR ACCOUNTS
In order to access some of the features of the Asian Publishers Platform, you may have to create your account with Asian Publishers. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate, complete and Up-to-date. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Asian Publishers immediately of any breach of security or unauthorized use of your account. At no point in time will Asian Publishers will/shall be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Asian Publishers or others due to such unauthorized use, if any.
Asian Publishers strictly takes no responsibility for any User Content that is uploaded on the Asian Publishers Platform, and further, the User will/shall be solely responsible for his or her own actions in utilizing such User Content and availing the Asian Publishers Platform provided herein.
ELIGIBILITY
By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use. You further represent that
1. You are of sound mind.
2. By agreeing to these Terms of Use, you represent that you are legally competent to enter into an agreement and provide consent to these Terms of Use. You further represent that
3. You are not prohibited from entering into a legally binding contract as per applicable laws.
In case the Platform is being accessed, and the Services are being availed for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Platform and/or the Services shall be subject to the Terms of Use.
DIGITAL CONTENT
All literary works on the Service (each, “Digital Content”) are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of, and access to any Digital Content is available only to Customers and is intended only for such Customers’ personal and non-commercial use. Any other use of Digital Content downloaded or accessed from the Service is strictly prohibited. Customers may or should not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part. By downloading or otherwise accessing Digital Content from the Service, the Customer hereby acknowledges and agrees to these terms.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Asian Publishers, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any:
(I) Errors, mistakes, or inaccuracies of user content or any other content available at Asian Publishers,
(II) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Asian Publishers platforms,
(III) Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the Asian Publishers platform,
(IV) Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Asian Publishers platforms by any third party, and/or
(V) Any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Asian Publishers platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not Asian Publishers is advised of the possibility of such damages.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, Asian Publishers limits its liability for any claims under those warranties or conditions to either supplying you the Asian Publishers platforms again.
You specifically acknowledge that Asian Publishers shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Asian Publishers platform is controlled and offered by Asian Publishers from its facilities in India. Asian Publishers makes no representations that the Asian Publishers platform is appropriate or available for use in other locations. Those who access or use the Asian Publishers platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
INTELLECTUAL PROPERTY
The Services, including but not limited to digital content on the website i.e. text, graphics, user interface, images, video interface and software as well as their selection and arrangement, may belong to Asian Publishers or to its partners who have granted Asian Publishers the right to use their content and are protected to the fullest extent possible by applicable laws related to copyrights, trademarks, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights" ). Any unauthorized use of the Services may violate such laws and the Terms of Use. Asian Publishers reserves all its legal rights to prohibit, stop or contain any such violations.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Platform and Services or any parts thereof or the selection and arrangement of the Platform and Services, except as expressly authorized herein. Asian Publishers grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this Platform, solely on your computer or any other electronic viewing device for your personal, non-commercial use of this Platform. This permission is conditional on the basis that you shall not modify, alter or illegally use the content displayed on this Platform and shall keep intact and comply with all copyright, trademark, and other proprietary notices of the Platform, if any. The rights granted to you constitute a license and not a transfer of title in any manner.
INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Asian Publishers , its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(I) Your use of and access to the Asian Publishers Platform;
(II) Your violation of any term of these Terms and Conditions;
(III) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(IV) Any claim that your User Content caused damage to a third party; or
(V) Violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Asian Publishers Platform.
GOVERNING LAW AND JURISDICTION
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Uttar Pradesh, India.
CONFIDENTIALITY
You will not without obtaining prior written consent of Asian Publishers, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Asian Publishers Platform.
For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to Asian Publishers or Asian Publishers Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Asian Publishers and any breach of the same shall cause irreparable damage to us.
RESTRICTIONS AND TERMINATION OF USE
Asian Publishers may block, restrict, disable, suspend or terminate your access to all or part of the free services offered on the platform, at any time in Asian Publishers’ sole discretion, without any prior notice to you. Specifically in case of prolonged inactivity Asian Publishers reserves the right to disable, deactivate, or terminate a user’s account. If an account has been disable or deactivated for inactivity, the username associated with that account may be given to another without any prior notice to you or such, other party. If you violate any of the Terms of Use, Asian Publishers may at its sole discretion, Block, Restrict, Disable, Suspend or Terminate the paid services offered on the Platform.
AMENDMENTS TO THE TERMS AND CONDITIONS
Asian Publishers may amend the Terms of Use and other Asian Publishers Policies published on the Platform from time to time at its sole discretion. Your continued access or use of the Platform and the Services constitutes your acceptance of the amendments. Your access and use of the Platform and Services will be subject to the most current version of the Terms of Use, Privacy Policy and Copyright Policy posted on the Platform at the time of such use. Please regularly check the Platform to view the latest version of Asian Publishers Policies.
CANCELLATIONS
Cancellations: As a general rule, all sales made on Asian Publishers are final and you shall not be entitled to cancel your order once you have received confirmation of the same. Asian Publishers reserves the sole right to cancel any order as per our discretion in case
(i) We are unable to deliver the order in a satisfactory manner and/ or
(ii) The user tries to take advantage of the system which violates the Terms of Use.
Asian Publishers will ensure that any communication of cancellation of an order or any applicable refund will be made within a reasonable period of time.
OTHER LAWS
Certain laws require maintaining data with respect to the Asian Publishers Platform and other personal information in a prescribed format and Asian Publishers will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
PRIVACY POLICY
Your privacy is important to us. Users of our Platform should refer to our Privacy Policy, which is incorporated into this Terms of Use by reference, with respect to the disclosure, collection, storage, usage and protection of your information during the course of your interaction with the Platform.
Asian Publishers was established in 1981. Since then, it has grown to be the leading academic publisher of low-cost and high-quality Diploma Education in Uttar Pradesh. With the help and support of our experienced authors, Asian Publishers has worked to empower the growth of students, teachers and professionals.
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