This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Platform is created and operated by M/S RACHNAYE PVT. LTD (hereinafter referred to as “We”, “Our”, and “Us”). We intend to ensure your steady commitment to the usage of this Rachnaye and the services provided by us through our Platform “rachnaye” (“Rachnaye”)
- “Publishers” shall mean and refer to individuals or a group of individuals or a firm who would provide digital copies of the books which they have already published or planning to publish, and get revenue share from the subscripts/purchases of these books.
- “Self-Publishing authors” shall mean and refer to individuals or a group of individuals or new-bee writers who use Rachnaye to post their creations for free and/or paid content, they can also publish their books directly and can get their paperback or hardbound published via Rachnaye.
- “Readers” shall mean and refer to individuals who can read the creations from various publishers/self-publishing writers and can listen to creations provided via narrators, some they can consume for free, some via subscriptions/purchase or direct paperback purchase as well via the mobile app. Readers can mark annotations from the books/reads etc and can share with even those who are not part of Rachnaye as well, a part of the shared section can be read by the person with which the content has been shared but to read the full article/content user need to download the app and do the registration.
- “You”, “Your”, “Yourself”, “User” shall collectively mean and refer to Publishers, Self-Publishing authors and Readers.
- “Third Parties” refer to any website, application, Platform or individual apart from the Users and the creator of Rachnaye.
Registration is mandatory on Rachnaye. Registration process will be deemed complete after an email verification with the User. We allow Readers to link their social media to Rachnaye for a better experience.
- You shall not use Rachnaye if you are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
For making all payments for purchases on Rachnaye, you will be redirected to a third-party payment gateway that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
- All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided based on information provided by the users or third parties and We has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on Rachnaye.
- All the Content displayed on Rachnaye are subject to copyright and shall not be reused by You (or a third party) without the prior written consent from Us and the copyright owner.You are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on Rachnaye and whilst feedback and comments by You can be made via Rachnaye, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on Rachnaye.
Further, Rachnaye reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of Rachnaye or to terminate the account of any User who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on Rachnaye. You shall not copy, adapt, and modify any content without written permission from Us.
- Your use of Rachnaye,
- Your violation of any rights of another;
- Your conduct in connection with Rachnaye;
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us.
In no event shall we be liable to compensate You 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, and whether or not You had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to Rachnaye and/or the Services or materials contained therein.
LIMITATION OF LIABILITY
- We are not responsible for any consequences arising out of the following events:,
a. If Rachnaye is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
b. If you have fed incorrect information or data or for any deletion of data;
c. If there is an undue delay or inability to communicate through email;
d. If there is any deficiency or defect in the Services managed by Us;
e. If there is a failure in the functioning of any other service provided by Us
2. Rachnaye accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of Rachnaye or any service availed of by you through Rachnaye. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. We will not be liable to you for the unavailability or failure of Rachnaye.
5. To the fullest extent permitted by law, We shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of Rachnaye.
- You may terminate your use of Rachnaye at any time.
- Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
- It is also hereby declared that we may discontinue the Services without any prior notice.
- We reserve the right, in its sole discretion, to unilaterally terminate Your access to Rachnaye, or any portion thereof, at any time, without notice or cause.
- We also reserve the universal right to deny access to You, to any/all of are on Rachnaye without any prior notice/explanation to protect the interests of Rachnaye and/or other Users to Rachnaye.
- We reserve the right to limit, deny or create different access to Rachnaye and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this Platform and providing Your identity and contact information to Us through Rachnaye, You agree and consent to receive calls, e-mails or SMS from Us and/or any of its representatives at any time.
You can report to DevOps Team if you find any discrepancy with regard to Rachnaye or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledges that you are an User and you:
- Agree to provide genuine credentials during the process whenever required on Rachnaye. You shall not use a fictitious identity to register. We are not liable if you have provided incorrect information.
- Agree to ensure the Name, Email address, Address, Mobile number and any such other information that may be provided during account registration is valid at all times and shall keep your information accurate and up-to-date.
- You agree that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
- Authorize Rachnaye to use, store or otherwise process certain personal information and all published Contents, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
- Publishers will be able to upload digital copies of the books which they have already published or planning to publish and get revenue share from the subscripts/purchases/rent of these books. A dashboard UI will be provided to the publishers which will display the detailed data about Total Revenue, Total Reads, Total Readers, Avg. Daily reading time, Total paperback order, Revenue by different streams Reader Demographics, Current Paperback orders and some more analytic details. They will be able to view the list of their uploaded books, can edit the plan (Free or Paid), availability status and other details about the books. They can add/edit/delete the details about the book, author and can also set the price of the book for Paperback, ePurchase and Rent. Further, they can view the list and details of the paperback orders and they can view the financial transaction details, can update/edit account details, company details. Publishers are allowed to update/edit their profile settings and non-financial details. (like logo, password, email, contact, address etc.).
- Readers will use Rachnaye to read the contents from various publishers/self-publishing writers and can listen to contents provided via narrators. Some of the contents will be offered for free and some via subscriptions/rent/e-purchase or direct paperback purchase as well. They can mark annotations from the books/reads etc and can share with even those who are not part of Rachnaye, a part of the shared section can be read by the person with which the content has been shared but to read the full article/content user need to download the app and do the registration. They will be able to view the content of their preferred language and will be able to search/explore the content through various categories. They can add the books to their reading list, mark for favorites and can save for later reading. They will be able to create their own list of books as well. They can download the books for their reading after making the required payment (subscription, rent or purchase) for the paid books. Free books can be downloaded without selecting any payment option. They can view their order details and can track the status of their paperback orders. They can update/edit their profile settings, non-financial details (like photo, password, email, contact, address etc.) and financial information (like card/UPI details). They can register to Rachnaye using email, phone number or social media accounts.
- Self-Publishing authors will use the Rachnaye to post their creations for free or as paid, they can also publish their books directly and can get their paperback or hardbound published via Rachnaye.
- Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from Rachnaye. Any such use/limited use of Rachnaye will only be allowed with the prior express written permission.
- Agree not to access (or attempt to access) Rachnaye and/or the materials or Services by any means other than through the interface provided by Rachnaye. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Rachnaye or its content, or in any way reproduce or circumvent the navigational structure or presentation of Rachnaye, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through Rachnaye will lead to suspension or termination of your access to Rachnaye. We disclaim any liabilities arising concerning such offensive content on Rachnaye.
- Expressly agree and acknowledge that the Content generated by the Users and displayed on Rachnaye is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from Rachnaye, at our sole discretion. You further undertake not to:
a. Engage in any activity that interferes with or disrupts access to Rachnaye or the services provided therein (or the servers and networks which are connected to Rachnaye);
b. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
c. Probe, scan or test the vulnerability of Rachnaye or any network connected to Rachnaye, nor breach the security or authentication measures on Rachnaye or any network connected to Rachnaye. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, Rachnaye, or any other viewer of Rachnaye, including any User account maintained on Rachnaye not operated/managed by the User, or exploit Rachnaye or information made available or offered by or through Rachnaye, in any manner;
d. isrupt or interfere with the security of, or otherwise cause harm to, Rachnaye, systems resources, accounts, passwords, servers, or networks connected to or accessible through Rachnaye or any affiliated or linked Rachnayes.
f. Violate any code of conduct or guideline which may apply for or to any particular service offered on Rachnaye;
g. Violate any applicable laws, rules or regulations currently in force within or outside India;
i. Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment (“ISP”) or in any manner disrupts the Services of any other supplier/service provider of Rachnaye;
j. You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that Rachnaye might be directed to disclose any information (including the identity of persons providing information or materials on Rachnaye) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
k. By indicating Your acceptance to use any services offered on Rachnaye, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
l. You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
m. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the registration and debar You from using Rachnaye without prior intimation whatsoever.
n. You agree not to post any material on Rachnaye that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
I. belongs to another person and to which you have no right to;
II. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
III. is in any way harmful to minors;
IV. infringes any patent, trademark, copyright or other proprietary rights;
V. violates any law for the time being in force;
VI. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
VII. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
VIII. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
IX. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
X. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with Rachnaye, and/or refuse to the usage of Rachnaye, without being required to provide you with notice or cause:
- If you have provided wrong, inaccurate, incomplete or incorrect information;
- If your actions may cause any harm, damage or loss to the other Users or Us, at our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
You shall not use any of the intellectual property displayed on Rachnaye in any manner that is likely to cause confusion among existing or prospective users of Rachnaye, or that in any manner disparages or discredits Rachnaye, to be determined in the sole discretion.
You are aware that all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators. You are aware that we merely provide Rachnaye through which You can communicate with other users and Rachnaye does not own any of the intellectual property relating to the independent content displayed on Rachnaye, apart from created graphics and specified content.
DISCLAIMER OF WARRANTIES AND LIABILITIES
- You further agree and undertake that you are accessing Rachnaye at your sole risk and are using the best and prudent judgment before availing of any features on Rachnaye or accessing/using any information displayed thereon.
- You agree that any kind of information, resources, activities, recommendations obtained/availed from Rachnaye, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
- We do not guarantee that the features and content available on Rachnaye will be uninterrupted or error-free, or that Rachnaye or its server will be free of viruses or other harmful components, and You hereby expressly accept any associated risks involved with your use of Rachnaye.
We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
DISPUTE RESOLUTION AND JURISDICTION
Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bengaluru, India.
We are committed to delivering your order accurately, in good condition, and always on time.
Please note our shipping policy as follows:
- We currently deliver across India.
- Currently, each order may be shipped only to a single destination address. If you wish to ship books to different addresses, you shall need to place multiple orders.
- We make our best efforts to ship each book in your order within 3-5 working days of the order. In the unlikely event that we are not able to ship your order completely within 10 days of the order, we shall inform you & as per your instructions cancel the remaining unshipped part of the order, and also send you an email informing you about the same. In such cases, your payment against the unshipped part of the order shall be refunded; in the manner you have made the payment.
- We ship on all week days (Monday to Friday), excluding public holidays.
- To ensure that your order reaches you in the fastest time and in good condition, we only ship through reputed courier agencies.
- If you believe that the book is not in a good condition, or if the packaging is tampered with or damaged, before accepting delivery of the book, please refuse to take delivery of the package, and call us at our number or mail us at firstname.lastname@example.org, mentioning your order reference number. We shall make our best efforts to ensure that a replacement delivery is made to you at the earliest.
A shipping charge of ₹50 is applicable, for certain orders based on engagement with Publishers.
CANCELLATION & RETURN POLICY
During Pick Up, our delivery agent may check the return quality.
The following EXCEPTIONS and RULES apply to this Policy:
Return and Refund requests will not be entertained once the App doesn’t show the option for the same.
The return facility for small books will be for a limited number of days or may not even have a return option.
All items to be returned must be unused and in their original condition, with all original tags and packaging intact.
We do not have any exchange policy; if you like and want the book, please raise another order, and we will help deliver it as soon as possible.
Return requests for cross-border shipping are NOT available.
Writer’s and Narrator’s Policy
Originality: All content submitted by writers or narrator must be original and not plagiarised. Any form of plagiarism will not be tolerated and may result in the removal of the content and the termination of the writer’s or narrator’s account. Narrator’s must give credit to the original content creator in their narrations.
Quality: All content submitted must be of high quality and must meet the standards set by our platform. This includes proper grammar, punctuation, spelling, and formatting.
Relevance: All content submitted must be relevant to the topic and must provide value to the reader. Content that is deemed to be irrelevant or of low quality may be rejected or removed.
Legal Compliance: All content submitted must comply with all applicable laws and regulations, including copyright laws, trademark laws, and privacy laws.
Respect: All content submitted must be respectful of others and must not contain any offensive, discriminatory, or harassing material. This includes but is not limited to material that is racist, sexist, homophobic, or otherwise discriminatory.
Accuracy: All content submitted must be accurate and must not contain any false or misleading information.
Advertisements: All content submitted must not be promotional in nature and must not contain any advertisements or endorsements for products or services.
Communication: All communication between writers/narrators and our platform must be professional and respectful. Any form of harassment or abusive language will not be tolerated and may result in the termination of the individual’s account.
Copyright: All content submitted by writers/narrators must be original and not infringe on any copyright or intellectual property rights. Any material that is found to infringe on these rights will be removed and may result in the termination of the individual’s account.
Paid Content: As a writer or narrator on our web and mobile platform, you retain the rights to your content. However, when you submit your content to our platform, you grant us an exclusive, worldwide, royalty inclusive licence to use, reproduce, distribute, and display your content on our platform.
This means that you can not publish the same content elsewhere, and you cannot grant the same exclusive rights to another platform or publisher. If you wish to remove your content from our platform, you may do so at any time by notifying us in writing.
It is important to note that by granting us a licence to use your content, you are not giving up your copyright or ownership of your content
We respect the intellectual property rights of our writers and take copyright infringement seriously. If you believe that your copyright has been infringed upon by content on our platform, please notify us immediately and we will take appropriate action to remedy the situation.
Payments: All the payout for writers or narrators is based on their choice, Writers and Narrators can withdraw their earnings from Rachnaye’s account directly to their bank account. These payouts will be in accordance with the terms and conditions set by our platform. Please send your queries to email@example.com or connect with us on our support number: +91 7676 786 697
Termination: Our platform reserves the right to terminate the account of any writer who violates these guidelines or who engages in any conduct that is deemed to be harmful or detrimental to our platform.
We appreciate your contribution to our platform and look forward to working with you to provide our readers with high-quality content.