In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name www.kahaniya.com (hereinafter referred to as “Website”) is owned by Viven Infomedia Private Limited (hereinafter referred to as the “Company”), a private limited company incorporated under the Indian Companies Act, 1958/2013 having their registered office at Shubhodaya Towers, 4th Floor, Plot No 8, Survey No 103/B, Alakapuri 'X' Roads, Nagole, Hyderabad, TS - 500068.
The use of this website by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the Company.
For the purpose of these Terms of Service, wherever the context so requires “You” or “User” or “Contributor” shall mean any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website. The services in certain areas of the Site do not require registration but that does not absolve You of the contractual relationship. The term “We”, “Us”, “Our” shall mean Kahaniya.
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Service, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
Kahaniya is a micro-publishing platform where any writer/author may publish short-stories, poems or serialized fiction in English or any other Indian language (with scope of internationalization) of their choice (hereinafter referred to as “Service”). The Service is intended to provide writing/publishing and similar tools to writers. The content in the Service should not be considered complete nor should it be relied upon.
We do not review or monitor any website linked to the Service and is not responsible for the content of any such linked websites. Kahaniya is providing these links solely as a convenience and inclusion of such links is not meant to imply that we endorse any third party website or any content, products or services available on a third party website. Your linking to such websites is at your own risk.
We reserve the right to constitute different classes of Users of the Service, granting access to certain areas of the Service only to certain Users. The content available through the Service may be displayed, and downloaded for your personal, internal and non-commercial use if such an option is explicitly available in the website or the mobile-app. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate any such material without the prior written permission of Kahaniya.
In order for you to access certain portions of the Service, you are required to register and provide Kahaniya Website a valid email address. In order to provide the Service, We may send you certain communications via email, telephone or any other means of communication provided to us by the user about the Service and you acknowledge and agree that receipt of these communications is consideration for access to portions of the Service which you cannot opt out of. If you do not wish to receive these communications, do not register for the Service.
You also agree to provide true, accurate, current and complete information about yourself and promptly update the Registration Data to ensure it is true, accurate, current and complete. If you provide any information that is 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 Service (or any portion thereof).
The User undertakes to fulfil the following obligations and failure to satisfy the said obligations would entail the immediate and permanently suspension of the User’s account and/or claim damages for any losses that accrued to us or additional costs that may be imposed on us as a result of the actions of the User.
You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us., unless you have an explicit permission from us and operate within the guidelines and limitations set by us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
FOR CONTRIBUTORS OF DOCUMENTS: If you contribute documents, articles or reviews in any form or media (“Documents”), you (“Contributor”) give us the necessary rights to edit and post and maintain your Document (and the edited version), and to prevent unauthorized use by end users of Documents that we edit. Users are given rights to read your Document, but no rights to republish or otherwise distribute your Document. Contributors agree and understand that once the document is shared with us or submitted to us, it means that they give us the full rights to use the same and also the document or details submitted by them mean that they have full rights to do the same, that is they own the rights for doing so while submitting and are not infringing the same. But document once submitted or shared with us means they are giving their full consent or approval for us to use it. If your Document has been previously published, that publisher may have rights, and if so, you must obtain all required consents before posting or submitting the Document on our site. If your Document contains images, audio, or video, we require that you have obtained consents from all persons depicted, seen, or heard, the owners of any places depicted, and any other rights holders. Kahaniya shall not retain any rights in such Documents, or have any responsibility for the contents of such Documents. Kahaniya will not be held liable for any wrong doing by the Users submitting the content.
FOR USERS OF DOCUMENTS: We require that you respect our Contributors. In general, all rights, except the right to read/view/listen to posted Documents for your personal non-commercial use are reserved to the Contributors, or to us. Kahaniya shall not retain any rights in such Documents, or have any responsibility for the contents of such Documents.
You are solely responsible for any and all data, documents, files, text, audio, video, images or other content or materials that you deliver, upload to or make accessible in the Solution (“Content”) and Kahaniya will not review, share or distribute any Content except to the extent necessary to provide and upgrade the Services or as may be required by law. Except for material that we license to you, we don’t claim ownership of any Content that is transmitted, stored, or processed in your account(s). We also don’t control, verify, or endorse the Content that you or others make available on the Services.
You agree that you will: (a) promptly address and respond any notices or claims relating to the Content; and (b) maintain appropriate security, protection and backup copies of the Content, which may include your use of additional encryption technology to protect the Content from unauthorized access. Kahaniya will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content.
The Solution includes certain functionality that allows you to control access to your Content. Please review your account settings prior to using and accessing the Solution and make any modifications that you deem necessary or appropriate to control access to your Content by third parties.
Kahaniya has no obligation to monitor its Services or to review or moderate any messages, comments or material submitted or posted to the Site, and any ratings and reviews of Contributors (“Comments”). However, Kahaniya reserves the right and sole discretion to review, delete or modify Comments, to publish, remove or block access to any Comments that are available through the Site, for any reason whatsoever, at any time.
In addition to the foregoing restrictions on the use of the Services, those reading and posting Comments on the Site agree that any Comments posted on the Site are provided solely by the posting individual, and Kahaniya is in no way responsible for the content of any Comments or for the use or non-use of Comments.
Kahaniya reserves the right (but is not obligated) to do any or all of the following:
Kahaniya reserves the right to take any action it deems necessary to protect the personal safety of our guests, members or the public and to maintain the integrity of the Developer Media community.
All the payment on the Website shall be made via Kahaniya Coins. These coins can be used by the Users to view the Contributions of those Contributors who have opted for the option of getting paid. The Kahaniya coins can be procured by various means on the Website. All the payment related obligations and facilities on the Site are undertaken on a third party payment gateway. The Company is not the relevant party responsible or operating the payment transactions.
While making payment using the online third party payment gateway platform/system, you agree and acknowledge that the Company is not responsible or shall not assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to reasons not limited to :
All instruments processed by the payment gateway or appropriate payment system infrastructure will also be governed by the terms and conditions agreed with the respective Issuing Bank/institutions in addition to the present terms and conditions.
User acknowledge that Kahaniya shall not be held liable for any damages, interests or claims etc. resulting from not processing the payment transaction or any delay in processing the payment transaction which is beyond the control of the Company.
Supported modes for online payment:
To process any financial transactions on the Portal/website, we use third-party electronic payment processors or service providers (ESPs). As required, you can permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website. There are sometimes laws and taxes that affect Internet e-commerce. The User agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the User’s exercise of Internet e-commerce.
Transactions on Kahaniya’s Website/App are secure and protected. Any information entered by the User when transacting on Kahaniya’s Website/App is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Website/App in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or send an email to email@example.com.
Kahaniya may immediately terminate the Service if you fail to abide by the terms of these Terms of Service. In addition, Kahaniya may, but has no duty to, immediately terminate the Service if Kahaniya in its sole discretion concludes that you are engaged in fraudulent or illegal activities, sharing account with unauthorized users, or activities that may damage the rights of Kahaniya or others. Termination of the Service may result in the deactivation or deletion of your Kahaniya account.
Kahaniya may ban repeated offenders of copyright after due warning has been given to such a User. Users who use abusive language or are hate speech mongers and spammers will be banned by Kahaniya without giving any warning and with immediate effect from posting posts on the Website or using any further Services on the Website.
You expressly understand and agree that the Service is provided 'as is' and Kahaniya does not warrant the accuracy, completeness, marketability, fitness for a particular purpose, or title to any of the data or function in its Website, any of the data or function linked to its web site, any data or function provided by partners or vendors of this web site, or any service provided herewith; nor does WritersCafe.org assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Kahaniya does not warrant that code, content, files, access, functions or any combination thereof are free of errors or corruptions.
The Service and its benefits are offered at the discretion of Kahaniya, and Kahaniya alone has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that Kahaniya will not be liable to you or any third-party for any modification or discontinuance of the Service. Kahaniya, in its sole discretion, may add, delete, or change some or all of the features of the Service at any time.
You acknowledge that Kahaniya has the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Kahaniya shall have the right to edit, refuse to post or remove any Content that violates these Terms of Service or is otherwise objectionable.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL KAHANIYA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two step Alternate Dispute Resolution mechanism.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts of Hyderabad, Andhra Pradesh, India.
If you have any questions about this Agreement, the practices of Kahaniya, or your experience with the Service, you can e-mail us at firstname.lastname@example.org.