TERMS OF USE

  1. GENERAL
  2. INTELLECTUAL PROPERTY RIGHTS
  3. YOUR ACCOUNT
  4. SUBSCRIPTION AND/OR MEMBERSHIP TERM, PAYMENTS
  5. FREE TRIAL PERIOD
  6. REQUIREMENTS FOR USE OF THE SUBSCRIPTION AND/OR MEMBERSHIP
  7. USAGE RULES
  8. DISCLAIMER OF WARRANTIES
  9. LIMITATION OF LIABILITY AND INDEMNITY
  10. GOVERNING LAW AND JURISDICTION

  1. GENERAL

    By agreeing to either subscribe or by choosing to become a member of ePUBuilder (defined below), you agree and confirm that such subscription (“Subscription”) and/or membership (“Membership”) will be subject to the terms and conditions as set out here and that these terms and conditions are legally binding and create an agreement between you and ePUBuilder, owned by Versatile PreMedia Services Private Limited, a company incorporated under the Indian Companies Act 1956 (2013).

    Pursuant to this Agreement, ePUBuilder publishing software(s) and any third-party software, documentation, interface, fonts and any data accompanying this agreement whether in read only memory, or any other media or in any other form on ePUBuilder website or otherwise are licensed and not sold to you by ePUBuilder or for use only under the terms and conditions of this Agreement. ePUBuilder retains ownership of all such services, programs, software and intellectual property itself and reserves all rights not expressly granted to you.

  2. INTELLECTUAL PROPERTY RIGHTS
    1. You agree that the Subscription and/or Membership including but not limited to content, graphics, user interface, the scripts and software used to implement the Subscription and/or Membership contain proprietary information that belongs to ePUBuilder and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Subscription and/or Membership in compliance with the terms and conditions of this Agreement.
    2. All copyrights in and to the Subscription and/or Membership, including the compilation of content, postings, links to other internet resources, descriptions of those resources and associated software are owned by ePUBuilder and/or its licensors, who reserve all their rights in law and equity. The use of ePUBuilder ‘s software or any part of the Subscription and/or Membership, except for use of the Subscription and/or Membership as permitted in this Agreement, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal liabilities including damages for copyright infringement.
    3. The ePUBuilder trademark, graphics and/or logos used in connection with the Subscription and/or Membership are protected by intellectual property laws. Other trademarks, service marks, graphics and logos used in connection with the Subscription and/or Membership may be trademarks of their respective owners. You are not granted any right or license with respect to any of these intellectual property rights.
    4. No part of the Subscription and/or Membership may be reproduced in any form or by any means except as expressly permitted under the terms and conditions of this Agreement. You agree not to modify, rent, lease, loan, sell, distribute or create derivate works based on the Subscription and/or Membership in any manner, and you shall not exploit the Subscription and/or Membership in any unauthorised manner whatsoever, including but not limited to, by trespass or burdening network capacity.
  3. YOUR ACCOUNT
    1. As a registered user of the Subscription and/or Membership, you may create an account in accordance with the usage rules detailed below (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account.
    2. You agree to provide accurate and complete information when you register with ePUBuilder and as you use the Subscription and/or Membership. You agree to update your registration data as appropriate and to keep it accurate and complete at all times.
    3. You agree to notify ePUBuilder in writing and/or by telephone to ePUBuilder’s contact phone or email within twenty four (24) hours of becoming aware of any security breach of your Account. ePUBuilder shall not be responsible for any losses arising out of the unauthorised use of your Account.
    4. You agree that ePUBuilder may store and use your personal and/or registration data for maintaining and billing fees.
    5. You agree not to create an account for any other legal entity without ePUBuilder's prior written consent.
  4. SUBSCRIPTION AND/OR MEMBERSHIP TERM, PAYMENTS
    1. You may choose to subscribe for a monthly payment terms to use the Subscription and/or Membership. These prices are subject to change without notice. ePUBuilder is not responsible to notify you of any such changes.
    2. The subscription is a pay as you use model. The charges are as per usage for a period of one month. After the usage of the product for one month, a monthly Invoice with usage details such as quantity, units and period will be shared with the subscriber and subscriber will make the payment within 30 days from the date of invoice. Payment can be made by using online payment facility through credit card, debit card, PayPal and Internet banking You are responsible for any tax obligations for your purchase of the Subscription and/or Membership. All payments by Indian subscribe will have a standard GST as per the Indian Government Regulations and for overseas payment PayPal commission/wire transfer charges will be borne by the subscriber
    3. You agree that ePUBuilder may charge you for the Subscription and/or Membership purchased and for any additional amounts (including any late fees, as applicable) that may be accrued by or in connection with your Account. A late fee of 10% on the outstanding amount will be charged for the payments that are over 90 days from the date of invoice.
    4. Monthly paid Subscription and/or Membership fee is non-refundable, pay per use model as per your usage. You can use your Account to update your preferred payment method for the Subscription and/or Membership. At the end of the first and any following subscription and/or membership term, your subscription and/or membership will renew automatically for another term, unless you notify ePUBuilder before renewal that you want to cancel or do not want to automatically renew. You acknowledge and agree that your subscription and/or membership will automatically renew and you authorise ePUBuilder (without further notice to you) to collect the then-applicable subscription and/or membership fee using any credit/debit card ePUBuilder has on record for you.
    5. If all credit/debit cards ePUBuilder has on file for you are declined for payment of your Subscription and/or Membership fee, you have thirty (30) calendar days to provide ePUBuilder a new credit/debit card or your Subscription and/or Membership will be cancelled. If you provide ePUBuilder with new credit/debit card details and are successfully charged within thirty (30) calendar days, your new Subscription and/or Membership period will be based on the original renewal date and not the date your credit/debit card was successfully charged.
    6. You are responsible for the timely payment of all fees and for providing ePUBuilder with a valid payment method for all fees. If your payment information is inaccurate and/or incomplete at any time including at the time of renewal of the Subscription and/or Membership this may result in non-renewal, temporary suspension or termination of your Account.
  5. FREE TRIAL PERIOD

    ePUBuilder offers upto thirty (30) days free trial period for the Subscription and/or Membership. During his trial period technical and customer care assistance as well as free online training will be provided to you. As part of the free trial, you agree that ePUBuilder may obtain a pre-authorisation for the relevant Subscription. At the end of the thirty (30) day trial period, if you wish to subscribe to the Subscription and/or Membership, you will need to notify ePUBuilder within twenty four (24) hours or your account will be deactivated by default.

  6. REQUIREMENTS FOR USE OF THE SUBSCRIPTION AND/OR MEMBERSHIP
    1. Use of the Subscription and/or Membership requires compatible devices such as mobile, telephones, computers and/or laptops, internet access and certain software (fees may apply). Periodic updates may be required, and the use of the Subscription and/or Membership may be affected by the performance of these factors.
    2. You agree that meeting these requirements and any associated fees, which may change from time to time, is your sole responsibility.
  7. USAGE RULES
    1. You agree to use the Subscription and/or Membership in compliance with these usage rules. ePUBuilder reserves the right to modify the usage rules at any time.
    2. You are authorsied to use the Subscription and/or Membership only in accordance with the terms and conditions of this Agreement either for personal or commercial use as the case may be.
    3. ePUBuilder grants to you a personal, limited, nonexclusive, non-transferable right to use the Subscription and/or Membership as per the terms and conditions of this Agreement.
    4. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any part of the Subscription and/or Membership and associated software related to these usage rules for any reason or assist another person or legal entity to do so. You agree not to access the Subscription and/or Membership by any means other than through the software that is provided by ePUBuilder for accessing the Subscription and/or Membership. You shall not access or attempt to access an account that you are not authorised to access. You agree not to modify the Subscription and/or Membership and/or associated software in any manner or form.
    5. You agree you will NOT permit any third party to use the Subscription and/or Membership to:
      1. Upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortuous, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive or otherwise objectionable;
      2. Pretend to be someone else or a legal entity you are not. You may not impersonate or misrepresent yourself or your organisation as another person, entity, another ePUBuilder user, an ePUBuilder employee, or otherwise misrepresent your affiliation with a person or entity;
      3. Engage in any copyright infringement or other intellectual property infringement, disclose any trade secret or confidential information in violation of a confidentiality, employment or non-disclosure agreement;
      4. Except as permitted by ePUBuilder in writing, post send, transmit or otherwise make available any unsolicited or unauthorised email messages, advertising, promotional materials, junk mail, spam or chain letters including without limitation bulk commercial advertising and informational announcements.
      5. Upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Subscription and/or Membership (or any part thereof) or any other computer software or hardware.
  8. DISCLAIMER OF WARRANTIES
    1. ePUBuilder does not guarantee, represent or warrant that your use of the subscription and/or membership will be uninterrupted or error-free.
    2. You expressly agree that your use of, or inability to use the subscription and/or membership and related software is entirely at your own risk. Except as described in this agreement, the subscription and/or membership are provided "as is" and “as available” for your use, without warranties of any kind, either express or implied, including all implied warranties that the subscription and/or membership are fit for a particular purpose, title, merchantability, data loss and non-interference. As some jurisdictions do not allow the exclusion of implied warranties, the above exclusions may not apply to you. In this case any implied warranties are limited to sixty (60) calendar days from the date of purchase or use of the subscription and/or membership, whichever is earlier.
    3. ePUBuilder does not represent or guarantee that the subscription and/or membership will be free from loss, bugs, corruption, attack, viruses, interference, hacking or other security intrusions and ePUBuilder disclaims any liability relating thereto. There may be instances where the subscription and/or membership may be downloaded only once; after being downloaded they may not be replaced if lost for any reason. You shall be responsible for backing up your own system including any information and material uploaded, stored, processed or exchanged via the subscription and/or membership. ePUBuilder, its affiliates and its third-party providers, licensors, distributors or suppliers disclaim any representations or warranties that your use of the subscription and/or membership will satisfy or ensure compliance with any legal obligations, laws or regulations.
    4. In no case shall ePUBuilder, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the subscription and/or membership or for any other claim related in any way to your use of the subscription and/or membership including but not limited to any errors or omissions in any information or materials or any loss or damage of any kind incurred as a result of the use of any information or materials posted, transmitted, or otherwise made available via the subscription and/or membership even if advised of their possibility. As some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages in such jurisdictions, ePUBuilder‘s liability shall be limited to the extent permitted by law.
    5. ePUBuilder shall use reasonable efforts to protect information submitted by you in connection with the subscription and/or membership but you agree that your submission of such information is at your sole risk and ePUBuilder hereby disclaims any and all liability to you for any loss or liability relating to such information in any way. You are solely responsible for ensuring that your use of the subscription and/or membership is in accordance with all applicable law. No provision of this agreement shall exclude or limit liability to the extent that the applicable laws of union of India prohibit such exclusion or limitation. ePUBuilder does not exclude liability for (i) death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents; (ii) fraud or fraudulent misrepresentation; (iii) any other liability which cannot be lawfully excluded by contractual agreement between parties.
  9. LIMITATION OF LIABILITY AND INDEMNITY
    1. By using ePUBuilder’s subscriptions, you agree to the maximum extent permitted by law, to indemnify and hold ePUBuilder, its directors, officers, employees, affiliates, agents, contractors and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the subscription and/or membership or any action taken by ePUBuilder as part of its investigation of a suspected violation of this agreement or as a result of its findings or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from ePUBuilder, its directors, officers, employees, affiliates, agents, contractors and licensors as a result of its decision to remove or refuse to process any information or material, to warn you, to suspend or terminate your access to the subscription and/or membership or take any other action during the investigation of a suspected violation or as a result of ePUBuilder’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
    2. Subject to any applicable law, ePUBuilder, its directors, officers, employees, affiliates, agents, contractors and licensors are not liable for any of the following (i) indirect, special, incidental, punitive or consequential damages; (ii) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet ePUBuilder systems requirements. The above limitations apply even if ePUBuilder and its directors, officers, employees, affiliates, agents, contractors and licensors have been advised of the possibility of such damages. This agreement sets out the entire liability of ePUBuilder, its directors, officers, employees, affiliates, agents, contractors and licensors and your exclusive remedy with respect to the subscription and/or membership and its use which shall be limited to the amount you paid for the subscription and/or service during the last one month as a subscriber.
    3. ePUBuilder disclaims any liability in respect of the qualifications, competence and credibility of any third partys’ (which includes other members and/or subscribers of ePUBuilder) employees and members and/or any negligence caused by any such employee and member.
    4. ePUBuilder shall not be responsible in any manner whatsoever for any loss, cost, damage, claims (in contract, tort or otherwise), liability or expense for (i) any personal injury or death to persons including a subscriber and/or member or any other third party (ii) any damage to property and (iii) any other losses of any kind or nature, howsoever caused, arising out of or in connection with this agreement. You agree that you will (i) comply with all applicable laws, regulations and ordinances; (ii) not use any other ePUBuilder’s subscriber and/or members or any third-party materials in any manner that would infringe or violate the rights of any other party. ePUBuilder is not responsible for any such unauthorized use by any subscriber and/or member or any third party and (iii) not use any member and/or subscribers or third-party products and/or services in any way in furtherance of criminal, fraudulent or other unlawful activity.
  10. GOVERNING LAW AND JURISDICTION

    This Agreement and all transactions contemplated by it, shall be governed by, construed and enforced in accordance with the laws Agreement shall be governed by and be subject to laws of India and the Agreement shall be subject to the exclusive jurisdiction of the courts at Maharashtra, India

For more information, you may write to connect@epubuilder.com