Terms Of Service

TERMS OF SERVICE

OVERVIEW

The App (darshoaa ereader), the Store (darshoaa.com), the Webkiosk (ebooks.darshoaa.com) are operated by Darshoaa. Throughout the App, the Store and the webkiosk, the terms “we”, “us” refer to Darshoaa, Store refers to the collection of various products of digital content, Service refers to the collection of services offered by the Store, the App, and the Webkiosk. The "App" shall mean, to offer the services of reading digital content like eBooks, e-magazines, etc... using Apple iOS, Android devices, and any upgrades from time to time and any other software or documentation which enables the use of the App. The Webkiosk shall mean, to offer the services of reading digital content like eBooks, e-magazines, etc... using the web and any upgrades from time to time and any other software or documentation which enables the use of the Webkiosk. Darshoaa offers the App, the store and the Webkiosk, including all information, tools and services included to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our store, Webkiosk or App and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the store, the App and/or the Webkiosk, including, without limitation users who are browsers, customers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our Application. By accessing or using any part of the App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Application or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current App, Webkiosk or Store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Application. It is your responsibility to check this page periodically for changes. Your continued use or access to the Application following the posting of any changes constitutes acceptance of those changes.

 

SYSTEM REQUIREMENTS

In order to use the App, you are required to have a compatible mobile telephone or handheld device, Internet access, and the necessary minimum specifications (the "Software Requirements").

The Software Requirements are as follows: iOS version 8.0 or greater and Android version 4.4 or greater.

 

The version of the App software may be upgraded from time to time to add support for new functions and services.

 

SECTION 1 - ONLINE STORE TERMS

A)      By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the App, the Webkiosk and the Store. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

B)      A breach or violation of any of the Terms will result in an immediate termination of your Services without any refund, compensation or reimbursement.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the digital content or Service, use of the Service, or access to the Service or any content on the App, Webkiosk or Store through which the Service is provided, without express written permission by us.

You agree not to sell, resell, grant access information to the Service, use of the Service, or access to any content on the App, Webkiosk or Store through which the Service is provided, without express written permission by us. The ID and Password to access the App and/or Webkiosk sent to you by the Service are for your personal use only, you are not prohibited from granting, selling, reselling them to any other user or person. The act of granting, selling or reselling the sign in information (ID and Password) to access the App and/or the Webkiosk sent to you by the Service will be considered a severe infringement of this Terms of Use and the copyright of the content enabled for access by this information, therefore the terms of section 1 division b will be applicable.

You will not, nor allow third parties on your behalf to:

(a) make and distribute copies of the App, Webkiosk or Store;

(b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the App or the Webkiosk; or

(c) create derivative works of the App, Webkiosk or the Store of any kind whatsoever.

You acknowledge that the terms of agreement with your respective mobile network provider (the "Mobile Provider") will continue to apply when using the Service. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the App or for any such third-party charges as may arise. You accept responsibility for any such charges that arise.

If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Service is not accurate, complete, or current. The material on this Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this store is at your own risk.

The information provided by this Service is for your reference only. We reserve the right to modify the contents of our Store, App or Webkiosk at any time, but we have no obligation to update any information on them. You agree that it is your responsibility to monitor changes to our Service.

This App is available to handheld mobile devices running Apple iOS, Android. We will use reasonable efforts to make the App available at all times. However, you acknowledge the App, the Store and the Webkiosk are provided on the Internet and on mobile networks, so the quality and availability of the Service may be affected by factors outside reasonable control.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Service are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - SERVICES

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store or Webkiosk. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or services pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this App, Webkiosk or Store is void where prohibited.

We do not warrant that the quality of any services, information purchased or obtained by you will meet your expectations, or that any errors in the Service will be correct.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may, in our sole discretion, limit or cancel services purchased per person, per household or per order. These restrictions may include services purchased by the same customer account. In the event that we make a change to or cancel a service, we may attempt to notify you by contacting the e‑mail and/or phone number provided at the time the purchase was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address.

 

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the App is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the App, the Webkiosk or the Store (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content and services available via our Service may include materials from third-parties.

Third-party links on our Service may direct you to third-party applications that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or applications, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of books, e-books, services, resources, content, or any other transactions made in connection with any third-party applications. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the App,Webkiosk and Store is governed by our Privacy Policy stated in the Store.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our App or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to service or content descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).

 

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the App, Webkiosk or Store or their services or content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The App, Webkiosk and Store and all products and services delivered to you through them are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied.

In no case shall Darshoaa, our directors, officers, employees, affiliates, agents, contributors, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Application, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Application, even if advised of their possibility. We shall not liable to you for any damage or alteration to your equipment, including but not limited to computer equipment, handheld devices, or mobile telephones, as a result of the installation or use of the App.

To the maximum extent permitted by law, and for the avoidance of doubt, hereby disclaims all implied warranties with regard to the App. The App and software are provided "as is" and "as available" without warranty of any kind.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Darshoaa and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contributors, licensors, service providers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our App.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this App constitutes the entire agreement and understanding between you and us and govern your use of the App, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

If you breach these Terms of Service and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Service.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Estonia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Application. It is your responsibility to check our Application periodically for changes. Your continued use of or access to our Application or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@darshoaa.com.