Terms of Service
02 April, 2019
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU“ OR “YOUR“) AND klib Technologies Private Limited (HEREINAFTER “ klib“).
The Agreement governs your access and usage of the websites, klib.in, app.klib.in, mobile apps (“website“ or “services“ or “applications“), owned and operated by klib Technologies Private Limited (“ klib“) in order to provide you access to library services . klib reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised agreement on this website.
For the purpose of this Agreement, the term, “Personal Information“ shall mean and include, without limitation, personal details such as name, age, address, and employment details; provided that such Personal Information shall not include passwords, details of bank account, credit card, or debit card or other details of payment instrument (collectively, “Financial Information“) as may be obtained from you for facilitating online payments during your usage of the website.
ACCEPTANCE OF USE
Upon signing up to your account, you will be considered as administrator of the account and will be deemed to have authority to provide your personal details, and authorize klib to use these information to provide you access to and activate and use klib services. You can nominate other employees of your organization as administrators.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify klib immediately of any unauthorized use of your account or any other breach of security. klib will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by klib or another party due to unauthorized use of your account.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if klib has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, klib may terminate your user account and refuse current or future use of any or all of the Services.
DATA PRIVACY AND CONFIDENTIAL INFORMATION
Personal Information submitted by you on or through this website and other information collected from you for the purpose of providing library access shall be securely stored on servers hosted by a reputed Internet Service Provider (“ISP”) for a period of maximum three (3) years. Your Personal Information shall not be disclosed in any circumstances except pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body under applicable laws. Currently, the data is hosted with AWS in Mumbai Region.
klib may use your Personal Information or share such Personal Information with its affiliated entities or other third parties, for the following purposes.
To obtain vital statistics regarding your usages of the website, enhance your experience, and increase the efficiency of the website and conduct surveys;
For the purposes of software verification or administering software and user interface upgrades;
For processing, archival or creating backup of data;
SECURITY OF PERSONAL INFORMATION & WARRANTIES
The website is committed to protect the security of your Personal Information and uses reasonable efforts and security measures, including, a variety of security technologies and procedures to help protect such information from any unauthorized access, use or disclosure. However, the website shall not be liable for retaining your Personal Information beyond a period of three (3) months from the date of deactivation of your account for any reasons whatsoever
klib shall implement appropriate technical and organizational measures such as anonymization and encryption of personal data; and shall ensure regular testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
Notwithstanding anything provided in this Agreement, klib does not guarantee that your Personal Information will be absolutely protected at all times. website’s systems and the communications networks through which you access the website may be subject to security breaches and failures due to circumstances beyond the reasonable control of klib. These may include computer “hacking”, inadvertent manifestation of malware, ransom ware, data theft among others. In such situations, klib will try to rectify the problems at the earliest feasible time. The Users hereby acknowledge and understand that all Personal Information provided to or through the website is with their cognizance and informed consent and solely at their own risk.
klib will ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, 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.
COMMUNICATIONS FROM klib
The use of website may include certain communications from klib, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
The website and all the information, images, logos, trade names, domain names, service marks and other materials on this website, including, inter alia, object code, source code, design, layout, user interface, and look and feel of the website (collectively, “Intellectual Property”) are the exclusive intellectual property of klib and are subject to protection by intellectual property laws of India and other jurisdictions to which it may extend. klib’s Intellectual Property shall not be used in connection with any purpose other than performing activities on Workplace/Slack/Microsoft Teams and matters incidental thereto. Unless otherwise specified, the website is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the website. Any unauthorized use of klib Intellectual Property, except as mentioned above, shall be violation of copyright, trademark, and/or other intellectual laws of India and other relevant jurisdictions.
RESTRICTIONS ON USE
In addition to all other terms and conditions of this Agreement, you shall not:
transfer the website or otherwise make it available to any third party;
provide any service based on the website without prior written permission;
use the third party links to sites without agreeing to their website terms & conditions;
post links to third party sites or use their logo, company name, etc. without their prior written permission;
publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
use the website in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of klib;
violate any applicable local, state, national or international law;
create a false identity to mislead any person as to the identity or origin of any communication.
SPAMMING AND ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of your transmissions through the website. You agree not to use the website for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the website for the transmission of “junk mail“, “spam“, “chain letters“, “phishing“ or unsolicited mass distribution of email. We reserve the right to terminate your access to the website if there are reasonable grounds to believe that you have used the website for any illegal or unauthorized activity.
UNPAID OR INACTIVE ACCOUNTS
We reserve the right to terminate unpaid accounts that are inactive for a continuous period of 60 days. In the event of such termination, all data associated with such account will be deleted. We will provide you prior notice of such termination and option to back-up your data.
The website, mobile apps and all the information, images, logos, trade names, domain names, service marks and other materials on this website, including, inter alia, object code, source code, design, layout, user interface, and look and feel of the website (collectively, “Intellectual Property“) are the exclusive intellectual property of klib and are subject to protection by intellectual property laws of India and other jurisdictions to which it may extend. klib’s Intellectual Property shall not be used in any connection other than the core service. Unless otherwise specified, the website is for your official and non-commercial usage only. You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the website. Any unauthorized use of klib’s Intellectual Property, except as mentioned above, shall be violation of copyright, trademark, and/or other intellectual laws of India and other relevant jurisdictions.
INTERNATIONAL TRANSFER OF DATA
In the process of providing access to you, website may transfer Personal Information that it collects from you to affiliated entities or other third parties across borders on need to know basis with an obligation to maintain Your Personal Information confidential for the limited purpose of upkeeping and maintaining the website. By using this website, you hereby consent to transfer of your Personal Information across countries or jurisdictions which shall abide by the rules governing such international data transfers.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless klib, 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: (a) your use of and access to this website (b) your violation of any term of this Agreement; (c) violation of any of the Intellectual Property Rights of klib. The indemnification obligation will survive the termination of this Agreement.
LIMITATION OF LIABILITY
Neither klib nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the website including, but not limited to
damages caused by defamatory, offensive, or illegal actions on website;
damages caused by viruses, malfunctions, or harmful components accessed through the website,
damages for lost profits, loss of data, loss of opportunity, or other intangibles, whether foreseeable or unforeseeable
IN NO EVENT SHALL klib’s ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. Further, klib shall not be responsible for the contents of any linked website, payment gateway service provider, or any link contained on its website, or any changes or updates to such websites.
FEES AND PAYMENTS
The Services are available under subscription plans of Semi-annual and Annual durations. klib reserves the right to modify the payment method based on its assessment of your company size and profile. . If you do not wish to renew the subscription, you must inform us at least 30 days prior to the renewal date.
From time to time, we may change the price of any subscription plan or charge for use of feature of the that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle.
SUSPENSION AND TERMINATION
We may suspend your account or temporarily disable access to whole or part of any website in the event of any suspected illegal activity, ,requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to firstname.lastname@example.org within thirty days of being notified about the suspension. We may terminate a suspended or disabled account after thirty days. We will also terminate your account on your request.
You have the right to terminate your account if klib breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to the website, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
The use of the website shall be exclusively governed by the laws of India and the courts in Mumbai, Maharashtra shall have the exclusive jurisdiction over such matters. klib hereby expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.
Any dispute arising out of or in connection with this Agreement, including, inter alia, any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 and the rules made thereunder. The decision of the majority of the arbitrators shall be final and binding on the parties. The venue of the arbitration shall be Mumbai, India.
If any of the above conditions in this Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining Agreement