TERMS OF USE

INTRODUCTION

Welcome to GetLitt.co, the website of Writer's Bug Learning Private Limited (WB) (the Website), having its principal place of business at #602, Atlantis, Raheja Acropolis 1, Deonar, Mumbai. WB (“We or Us) provide for a vast online platform through our Website and Mobile Application (hereinafter collectively referred to as the Portal) wherein which writers, publishers, magazines, newspapers, etc., from all around the world have an option of uploading their works (Works) on our Portal with our prior written consent. Similarly, the subscribers to the Portal can access the Works for the specified subscription amount and on such terms and conditions as prescribed for a limited period of time.

As an entity which deals with literature products, we understand the importance of respecting the originality of one’s work, its quality, copyright and other intellectual property rights. Irrespective of the fact that you are a writer, publisher, subscriber, illustrator or a browser, it is essential that adequate respect is given to the intellectual property rights of all the works that are displayed on the Portal whether it is being subscribed to or not.

BINDING CONTRACT

We therefore request you to read these terms of use (Terms) carefully and the privacy policy(Privacy Policy) set out on the Portal. Prior to you using the facilities of the Portal andsubscribing to the services provided therein, you are expected to read the Terms and PrivacyPolicy and agree to the same.

The Terms, Privacy Policy, Disclaimers and such other documents displayed on the Portal,once accepted by you, becomes a legally binding contract between you and Us. Your use of thePortal, subscription of the services provided on the Portal, is a clear indication that you havecompletely agreed to the Terms and Privacy Policy of the Portal and all the rules, policies,procedures relating to the services provided by WB that may be amended from time to time.

Once you register yourself on the Portal, you will be eligible to inter-alia avail the services on thePortal; read the Works uploaded for such subscription amount mentioned in the Portal;participate in contests, games, challenges, promotions, discussion forum; provide feedback,comments, write reviews, etc. In the event you do not register yourself on the Portal, the servicesavailable to you may be limited to only reading of preview and review pages in relation to theWorks.If you want to ask us anything about these Terms or have any comments or complaints on orabout the Portal, please email us at info@thewritersbug.com

ELIGIBILITY TO USE

Reference to the term “You” on the Portal shall mean you individually or in the event you are accepting the Terms and Privacy Policy on behalf of any company or body corporate or such other legal entity, it shall also mean and include such entity.

In order to use the Portal and accept the Terms and Privacy Policy, you are required to be of 18 years or above. In the event the same is being done on behalf of a company or such other legal entity, you shall be authorized by such legal entity to do such acts on behalf of them.

If you do not meet these requirements or do not agree to these Terms or the Privacy Policy, you may not create an account or use the Portal. WB reserves the right to terminate your subscription and/or refuse to provide you with access to the Portal if it is discovered that you are under the age of 18 years. Additionally, WB will not be responsible for any subscription made by minors (i.e. individuals above 18 years of age) and in the event any subscription is made by such individual who is below 18 years of age, it will be presumed that the same has been done under parental guidance. In relation to individuals outside India subscribing to the services on Portal, their local laws in respect of legal age shall apply. WB will not be responsible for cross-checking or verifying the age details and the capability to contract of any individual. The sole responsibility and liability in this respect shall be limited to the individuals (if he/she is a major under local laws) or the individual's parents (if he/she is a minor).

ACCOUNT AND REGISTRATION OBLIGATIONS

In consideration of your use of the Portal, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by Portal's registration form. It is explicitly mentioned that WB will not be responsible for any personal information that the subscriber shares with it or on the platform of the Portal. As mentioned above, in the event the subscriber is below 18 years of age, it is assumed that he/she is availing the services on the Portal under parental guidance and WB will not have any liability or responsibility in this respect.

If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Portal (or any portion thereof). You undertake to indemnify and keep indemnified WB for any loss, claim, damage, costs (including legal and professional costs) relating to any abuse or violation including those aforesaid.

"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Portal, you are responsible for maintaining the confidentiality of Your Login ID and Password and for restricting access to your computer, mobile phone or other electronic device, and you agree to accept responsibility for all activities that occur under Your Login ID or Password

We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You undertake to indemnify and keep indemnified WB for any loss, claim, damage, costs (including legal and professional costs) relating to your responsibility or liability or failure including those aforesaid. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

CONTENT, COPYRIGHT & INTELLECTUAL PROPERTY POLICIES

Content

You understand that all the Works, information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials published, displayed, performed, or offered for subscription through the WB (Content), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights. WB shall always make its best efforts to safeguard the interest and the rights of its respective owners with regards to their respective works.

We request you to note that WB does not prescreen any of the Content, Books or other materials that are uploaded on the Website or the Portal and therefore will not be in a position to examine or evaluate the same inter-alia in terms of its accuracy, usefulness, adult content or such other features. WB only provides an online/digital platform that facilitates uploading of Works for subscription by the users of the platform through the Portal. In doing so, we request you to be legally compliant as required under applicable laws since we do not check so as to whether you have obtained all necessary rights to do so.

GRANT OF RIGHTS AND USER CONDUCT

So long as you comply with these Terms, WB hereby grants You a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the WB services solely for their intended purpose as illustrated under these Terms. While using the Portal you agree to:

  1. provide and maintain and update Your account information and to keep it true, accurate, current, and complete at all times;
  2. ensure that Your access to the Website or the Portal is not illegal or prohibited by laws that apply to you;
  3. take Your own precautions to ensure that the process that You employ for accessing the Website and any linked websites does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

While availing the services offered by WB you agree and accept that We are only providing You a platform to subscribe to the Works uploaded by their rightful owners on the Portal. We therefore request you to note that we are not responsible or liable for any claim that may arise from use of the Portal.

It is also agreed by You that You shall solely be liable for any action taken by any authority or institution against any of the contents uploaded by You on the Website or the Portal and that You shall completely indemnify Us, our employees, directors, officers, agents and their successors and assigns with respect to any such action or claim that We are made party to by virtue of You uploading Your content on the Website or the Portal, including but not limited to attorney’s fees.

PAYMENT DETAILS

You agree, understand and confirm that the credit card/internet banking/mobile banking/other UPI details (Payment Details) provided by you for availing of services on the Portal as the case may be will be correct and accurate and you shall not use the Payment Details which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid Payment Details when making payment on the Portal. We do not store any information related to your Credit card/ Debit card/net banking or such other payment details provided on the Portal.

In the event we do not receive an authorization from the respective bank or the transaction gets interrupted due to any reason, the transaction will be treated as failed and no order will be processed for that transaction. In this case, if any amount has been deducted from your account, the same will be credited back. We shall not be liable in any event, for any credit card/internet banking/UPI fraud that occurs to you. The liability for use of a card/mobile app fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

FRAUDULENT /DECLINED TRANSACTIONS

Our payment partner's (being the Payment Gateways and facilitators and Banks) and our fraud detection team constantly monitors your account in order to avoid fraudulent accounts and transactions.

Users availing discount coupons or vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Portal fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Portal and any other unlawful acts or omissions in breach of these terms and conditions.

In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such user account(s) and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

ELECTRONIC COMMUNICATIONS

When you visit the Portal or send email(s), SMS, WhatsApp or other electronic communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, SMS, WhatsApp or other electronic communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements.

SMS COMMUNICATION

On registering on the Portal, you agree that we may use your registered mobile number on the Portal to send transaction related and other publicity related SMS to you. You also grant us permission that we may send you any transaction related SMS irrespective of having DND services activated on your mobile.

YOU AGREE AND CONFIRM

  • That You shall use the services provided by us, for lawful and non-commercial purposes only and shall comply with all applicable laws and regulations while using the Portal and transacting on the Portal.
  • You shall provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point of time. If upon confirmation Your details are found to be false (wholly or partly), we have the right and the sole discretion to reject the registration and debar you from using the services of the Portal and / or other affiliated websites without prior intimation whatsoever. Refund of any subscription money in such case, will be the sole discretion of WB.
  • That You shall access the services available on the Portal and transact at your sole risk and shall use your best and prudent judgment before entering into any transaction through the Portal as the case may be.

YOU AGREE AND CONFIRM THAT YOU SHALL NOT USE THE PORTAL FOR ANY OF THE FOLLOWING PURPOSES

  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • To personally, professionally, politically or otherwise harass or defame any other person (including a user).
  • Infringing the intellectual property rights of any third parties.
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorized access to other computer systems.
  • Interfering with any other person's use or enjoyment of the Portal.
  • Breaching any applicable laws, rules or regulations.
  • Interfering or disrupting networks or web sites connected to the Portal.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the copyright owner.
  • Reverse engineer, mask or otherwise reproduce or break-down the software/codes on the platform or the Portal.

MODIFICATION OF TERMS & CONDITIONS OF SERVICE

We may at any time modify the Terms of the Portal without any prior notification to you. You can access the latest version of the Terms at any given time the Portal to regularly review the Terms. In the event you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of the Portal.

GOVERNING LAW AND JURISDICTION

These Terms shall be construed in accord with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of these Terms.

In the event of any dispute or difference either in interpretation or otherwise, of any terms of these Terms, the same shall be referred to an independent arbitrator who will be appointed by WB and such Arbitrator's decision shall be final and binding on You. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be conducted in English language and shall be held in Mumbai.

REVIEWS, FEEDBACK, SUBMISSIONS

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered on or by the Portal, submitted or offered in connection with your use of the Portal (collectively, the Comments) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments of use of comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Portal shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity. You further agree that no Comments submitted by you to the Portal will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, bugs, worms, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

We reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Portal. You grant us the right to use the name that you submit in connection with any Comments. You undertake not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments that you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

INDEMNITY

You agree to defend, indemnify and hold Us and Our employees, directors, officers, agents and their successors and assigns, harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of or relating to claims based upon your actions or inactions, which may result in any loss or liability to us or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive in perpetuity the expiry or termination of these Terms.

TERMINATION AND SURVIVAL OF THE TERMS AFTER THE TERM ENDS

WB may terminate these Terms at any time. Without limiting the foregoing, WB shall have the right to immediately terminate any your password or account or block your IP address, in the event of any conduct by you, which WB, in its sole discretion, considers to be unacceptable, or in breach of these Terms.

You may terminate these Terms at any time, provided that you immediately discontinue any further use of the Portal.

Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party including our right to any Comment will survive the expiration or termination of these Terms.

LIMITATION OF LIABILITY AND DISCLAIMERS

The Portal is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Portal.

We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Portal. This disclaimer constitutes an essential part of these Terms.

To the fullest extent permitted under applicable law, We shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Portal, its services or these Terms. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms, be it in tort or contract or any other legal theory is limited to the value of the specific service subscribed by You.

We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Portal or that the operation of the Portal will be error free and/or uninterrupted. Consequently, WB assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Portal; and/or any interruption or errors in the operation of the Portal.

PORTAL SECURITY

You are prohibited from violating or attempting to violate the security of the Portal, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus, bug or worm or other file or software to the Portal, overloading, "flooding," "spamming," "mail bombing" or "crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. WB may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal or any activity being conducted on the Portal.

The Portal may contain certain links in relation to third-party websites, forum that may be shared by the publishers, other users in relation to the review or comments on Works or otherwise. The User hereby acknowledges and agrees that WB shall not have any responsibility or liability to monitor the details and contents of such link. Any such link should be accessed at the sole discretion and risk of the User.

MISCELLANEOUS

While availing the services on the Portal, the User is required to acknowledge and understand that all the other third-party charges (including but not limited to bank charges, network charges, etc., that are not attributed to WB) may apply. Such charges and fees fall outside the scope of WB and WB will not be responsible or liable for any claims relating to the same.

In addition to the above, the User may also need to abide by the terms and conditions prescribed by the device, interface, play-store, app-store, etc. being used by the User. WB will not have any responsibility or liability in this respect.

ENTIRE TERMS

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and WB with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to WB. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.