www.kwench.in
Terms of Use, December 2009

Welcome to www.kwench.in (or /’kwench/), a website owned and operated by Kwench Library Solutions Private Limited Mumbai, India.

The terms and conditions enumerated below identify what Users of the /’kwench/ can expect from the site, and what we (/’kwench/) expect from the Users. These Terms of Use are an enduring contract between you and /’kwench/ and apply to your use of the /’kwench/ services and website. These Terms of Use affect your rights and you should read them cautiously.

By visiting any area on the /’kwench/ Site or registering or borrowing, or making a purchase via the /’kwench/ Site, a User is deemed to have accepted the Terms of Use.

1. User Conduct 2. Proprietary Rights 3. Merchandise Description 4. Assessment of Risk 5. Age of the Users 6. Password 7. Disclaimers and Limitation of Liability 8. Indemnity 9. Electronic Communication and Notices 10. Service Testing 11. Severability 12. Applicable Law and Jurisdiction 13. Arbitration 14. Modification

User Conduct User agrees to use the /’kwench/ site only for lawful purposes. User is barred from posting on or transmitting through the /’kwench/ Site any unlawful, harmful, threatening, abusive, harassing, slanderous, racist, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If /’kwench/ is notified of an event where any item, information, data, software, photographs, graphs and such other content displayed on the website and is allegedly infringing, defamatory, damaging, illegal, or offensive, /’kwench/ may investigate such allegation and determine in its sole discretion whether to remove or request the removal of such content from the /’kwench/ site. /’kwench/ may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the /’kwench/ Site; or (iii) to protect the rights or property of /’kwench/ and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors and any other User. /’kwench/ reserves the right to bar or restrict conduct, communication, or Content that /’kwench/ deems in its sole discretion to be harmful to Users and/or to /’kwench/. Accordingly, no /’kwench/ Provider (Management as well as employees) shall assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the /’kwench/ Site. Back to top

Proprietary Rights User acknowledges that the /’kwench/ site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Indian and international copyright laws. User may not modify, remove, delete, supplement, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices (i.e. any notices which falls under the category of "Proprietary Rights" like copyright, trademark etc). Except as provided in the preceding sentence or as permitted by the fair use privilege under the Indian copyright laws (see, Section-52 of Indian Copy Right Act), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. User also acknowledges that he/she will not decompile, reverse engineer or disassemble any software or other products or processes accessible through the /’kwench/ Website, will not insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Back to top

Merchandise Description The items offered for sale on the /’kwench/ contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. /’kwench/ does not represent or warrant that the description of such items is accurate or complete. Is a user purchases an item from /’kwench/ that is not as described on the /’kwench/ website, the user’s sole and exclusive remedy is to return such item in an unused condition for a refund of the purchase price. Back to top

Assessment of Risk The risk of loss and/or damage for all items borrowed and/or purchased via the /’kwench/ Site pass to the User upon delivery of the item to the carrier. Back to top

Age of the Users /’kwench/ intends that the site be used/viewed by a major/person of 18 years of age or above. If a User is a Minor, such Minor may use the /’kwench/ Site only under the supervision of Guardian. Back to top

Password and Account Security Every User that has an account on the /’kwench/ Site is responsible for i) Keeping his or her account password confidential and secured; and ii) Keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current in order to receive messages from /’kwench/ about his or her orders and inquiries or other matters) User accepts full responsibility for all activities that occur within such User's /’kwench/ account. Back to top

Disclaimers and Limitation of Liability /’kwench/ grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with /’kwench/) of the /’kwench/ Site. The /’kwench/ Website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the /’kwench/ Website, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the /’kwench/ Website, any failures, delays, or interruptions in the shipment of item(s), delivery of any content contained on the /’kwench/ Website, any losses or damages arising from the use of the content provided on the /’kwench/ Website, or any conduct by users of the /’kwench/ service or Website. We reserve the right to ship item(s) in our sole and absolute discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. In no event shall /’kwench/, its shareholders, directors, officers, or employees be liable (jointly or severally) to the User for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the /’kwench/ website, its contents or our service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Back to top

Indemnity User agrees to indemnify and hold each /’kwench/ Provider (Management as well as employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party. Back to top

Electronic Communication and Notices User consents to receive electronic communications from /’kwench/, whether addressed to the e-mail address associated with such User's /’kwench/ account or posted on the /’kwench/ Site. User acknowledges and agrees that any communication via e-mail or by postings on this /’kwench/ Site satisfies any legal requirement that such communications be made in writing. Back to top

Service Testing From time to time, /’kwench/ may test various aspects of its service, including service levels, plans, promotions and pricing, and it reserves the right to include you in or exclude you from these tests without notice. Back to top

Severability The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these "Terms of Use" shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. Back to top

Applicable Law and Jurisdiction The /’kwench/ Site is created and controlled by Kwench Library Solution Private Limited in Mumbai, Maharashtra, India. The applicable laws of India along with relevant local laws of state of Maharashtra will govern the Terms of Use, without giving effect to any principles of conflicts of laws. Each of /’kwench/ and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Mumbai, Maharashtra and waives any objection to the laying of venue of any litigation in said courts. Back to top

Arbitration User or /’kwench/ may elect to resolve any dispute through arbitration conducted, which would be binding on parties, based upon written submissions where no in-person appearance is required. In such cases, the Indian Arbitration and Conciliation Act 1996 shall administer the arbitration process, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Back to top

Modification /’kwench/ reserves the right to make changes to the /’kwench/ Site, posted policies and Terms of Use at any time without notice. However, /’kwench/ will inform the user, within a reasonable period of time, of any such change. Back to top