Pustaks, having its office at Plot Number MO 0675, Street N200, Jebel Ali Free Zone, Dubai – UAE, (“Pustaks”, “we”, “us” or “our”), owns/ operates ‘e-Book” application/services under the brand name “Pustaks”, one of the growing e-reader services in the world the “Service(s).
This user agreement (“User Agreement”) shall be read in conjunction and together with the Privacy Policy which forms an integral part of the User Agreement between Pustaks and you (“User”, “You” or “Your”) in relation to Your access to use of the Services. The Service shall also mean and include the Subscription Service (as defined hereunder), if opted by User.
This User Agreement shall be considered as an “electronic records” as read and construed under Electronic Transaction Act, 2010 of Singapore and amendment thereof or as construed under equivalent local law of Your jurisdiction and rules thereunder as applicable. This User Agreement is generated by a computer system and does not require any physical or digital signatures.
User Agreement is a legal and binding agreement between the User of the Service and Pustaks and states the terms that govern Your use and access of the Service. By accessing this Service, you consent, agree and undertake to abide, be bound by and adhere to the User Agreement and if You do not agree to these User Agreement, You should not access or use the Service. Your access to the Services shall be construed that you agree to the User Agreement and Privacy Policy. We reserve the right, at our sole discretion, to change, modify or otherwise alter these User Agreement at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Service herein. Your continued use of the Service following the posting of changes and/or modifications shall constitute Your acceptance of any revised User Agreement. We retain the right at any time to deny or suspend access to all or part of the Services to anyone who we believe will violate or has violated any of the terms of the User Agreement.
1. Terms of Use
User Agreement governs Your access of the Services and any features, branding, data, message, text, image, photographs, graphics, audio, sound, voice, codes, computer programs, software, database, service information, any form of content (series, movies, sports, games etc.) as well as the interactive elements/features etc. that you utilize and host, publish, share, transact, display, upload and/or engage with in course of accessing and using the Services.
Service is offered and made available only to Users above the age of 4 years. By accessing and using the Services, you agree to the User Agreement and Privacy Policy. Access to and use of the Services is conditioned on your acceptance of and compliance with the User Agreement and Privacy Policy. We may also use API Services/SDK or any third-party API services/SDK in some of our products as permitted under the terms of provider’s policies, if you are using a Pustaks's service which makes use of Third-Party APIs/SDK or any third-party API/SDK services, then you are agreeing to the Their Terms of Service/Use or such or any Third-Party Terms of Service/Use as well followed by this User Agreement.
2. Service Usage Terms
You must access and use the Services only if You can form a binding contract with Pustaks and are not a person barred from receiving services under the laws of UAE or other applicable jurisdiction. If You are accepting these terms of User Agreement and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that You are authorized to do so. You may use the Services only in compliance with the User Agreement, all applicable local, state, national, and international laws, rules and regulations.
Services offered to You are always evolving and the form and nature of the Services may change from time to time without prior notice to You. In addition, Pustaks may stop (permanently or temporarily) providing the Services (or any features within the Services) to You without any prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to You.
To facilitate Your access and viewership, the Service can be packaged by Pustaks through a model such as the Services may be accessible free of charge which may include advertisements or commercials foregoing on the Service.
Service can be availed through platforms, software and devices, which Pustaks approves from time to time ("Compatible Source"). In some cases, whether a device is (or remains) a Compatible Source may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Source at one time may cease to be Compatible Source in the future.
Services may include interest-based ads which are online ads that are tailored to Your likely interests based on Your use of various apps and websites across the Internet. If You are using a browser, then cookies and web beacons can be used to collect information to help determine Your likely interests. If You are using a mobile device, tablet, or streaming media device that includes an advertising identifier, then that identifier can be used to help determine Your likely interests. The types and extent of advertising by Pustaks on the Services are subject to change. In consideration for Pustaks granting You access to and use of the Services, You agree that Pustaks and its parent company, third party providers and partners may place such advertising on the Services or in connection with the display of any Content (defined hereunder) or information from the Services whether submitted by You, us or third parties.
3. Service Content and Third-Party Content on the Services
In addition to the content branded as Pustaks and other content by Pustaks (collectively “Service Content”), we also host and transmit/distribute third party content (including advertisements) as provided by content owner/licensor/producer/aggregator/distributor on "as is" basis without any modification or involvement in creation of such third party content ("Third Party Content") (hereinafter “Service Content” and Third Party Content” shall be collectively referred to as “Content”). For such Third-Party Content, Pustaks acts purely as an "Intermediary" as read and construed under Electronic Transaction Act of UAE or any relevant laws of UAE or as construed under equivalent local laws of Your jurisdiction and rules thereunder as applicable. Pustaks expressly exclude any kind of liability relating to Third Party Content. Being an “Intermediary”, Pustaks has no responsibility and / or liability in respect of any Third- Party Content on the Services, including without limitations, for intellectual property rights infringement, defamation, illegal content or any other violation under applicable law.
Content (subject to available rights) will be made available to You through different modes, at the discretion of Pustaks, including via eBook for reading at the User's discretion at a time chosen by You and download for offline viewing by You. For downloading any Content, please note that: (a) the downloads are temporary in order to allow You to read the Content within a specified period of time and You shall not attempt to or actually make a permanent copy of the Content in any manner or form, and (b) not every Content may be available for download for offline viewing. Please note that the availability of, and Your ability to access, the Content or some part of Services, (a) is subject to our sole discretion and (b) may be dependent upon Your geographical location and (c) is on the condition that not all Content or Services will be available to all User(s). On account of the nature of the Internet, the Services may also be accessed in various geographical locations; and You hereby agree and acknowledge that You are accessing the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, the Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Pustaks may monitor or use certain technologies for monitoring of Your activities for the purpose of giving You better user experience or improvise the Service in accordance with our Privacy Policy.
Pustaks does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third-Party Content. You understand that by using the Services, You may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Pustaks be liable in any way for any Third- Party Content, including, but not limited to, any errors or omissions in any Third-Party Content, or any loss or damage of any kind incurred as a result of the use of any Third- Party Content made available via the Services or narrow casted elsewhere.
4. Privacy Terms
The information that You provide to Pustaks is subject to our Privacy Policy, governs our collection and use of Your information. You understand that through Your use of the Services You expressly consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Singapore or any other countries of the world for storage, processing and use by Pustaks. As part of providing You the Services, we may need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered as part of the Services.
5. Grant of License to Use the Services
Pustaks gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service that is provided to You by Pustaks as part of the Services. This license is for the sole purpose of enabling You to use and enjoy the benefit of the Services as provided by Pustaks, in the manner permitted by the User Agreement. Save and except for accessing and using the Services as permitted herein, you shall not separately use any portion of the Services (such as codes, features, branding/trademarks/logos, look and feel, content, etc.) in any manner whatsoever without express written approval from Pustaks.
6. Intellectual Property Rights
For the purpose this User Agreement, the terms "Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database right, trade names, brand names, trade secrets, design rights and similar proprietary rights of Pustaks and/or its licensors and/or other respective owners, whether registered or unregistered and all renewals and extensions.
The rights, title and interest in the Intellectual Property Rights in the Service including without limitation all its constituents, content, features, functions, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer program, dramatic work, sound recording, cinematograph film, artistic work, literary work, musical work, a video recording, gaming elements/content performance and broadcast as defined under the applicable laws, specifications, instructions, abstracts, summaries, audio commentaries/content, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, jokes, memes, contests, gaming elements/content, interactive elements and all other elements, data, information and any other content/materials are the property of Pustaks and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to relevant Intellectual Property Rights laws of UAE and the world. Pustaks retains full, complete and absolute title to the Service and all Intellectual Property Rights therein.
The Service including any Content thereon shall be deemed to be non-exclusively licensed to You by us only for Your non-commercial personal use and only for such period as we may, in our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Service (including without limitation the software, coding, constituents, elements, Content, etc.) in any manner whatsoever.
You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Service and/or any parts thereof (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.
7. Conditions and Restrictions for Use of the Services
Pustaks reserves the right at all times (but will not have an obligation) to remove or withdraw any Content (including Service Content and Third-Party Content) on the Services and to suspend or terminate User(s), and to reclaim profile URLs without liability to You.
Pustaks also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the terms of User Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Pustaks, its users and the public. Pustaks does not disclose personally identifying information to third parties except any anonymized aggregated data for the Services based on advertising model in accordance with our Privacy Policy.
You will not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Pustaks's software systems, or the technical delivery systems of Pustaks's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Pustaks (and only pursuant to those terms and conditions), unless You have been specifically allowed to do so in a separate agreement with Pustaks; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of the Content in such a manner as to interfere with or create an undue burden on the Services; or (vi) access or use the Service or the Content therein by means of any mechanism or technology which conceals Your actual geo-location or provides incorrect details of Your location [for example, use a virtual private network (VPN)].
8. Contests and Promotions
Any and all contests, promotions, surveys and campaigns hosted or conducted on the Service are subject to separate contest terms and conditions ("Contest and/or Promotion T&Cs") and You are requested to read the Contest and/or Promotion T&Cs as well as User Agreement before participating in the same and upon participation it shall be deemed that the participant has read and understood the Contest and/or Promotion T&Cs. User Agreement are deemed incorporated by reference into Contest and Promotion T&Cs provided in respect of a particular activity.
9. Indemnity
You agree to fully indemnify, defend and hold harmless Pustaks, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-contractors, consultants and third-party providers from and against all losses, claims and damages including legal fees, resulting from: (i) Your violation of any terms of the User Agreement; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; (iv) any unauthorized, improper, illegal or wrongful use of Your account by any person, including a third party, whether or not authorized or permitted by You; and (v) Your breach of any representation, warranty, covenant or undertaking under the User Agreement or under applicable law. This indemnification obligation will survive the expiry or termination of these User Agreement and Your use of the service.
10.Copyright Policy
Pustaks respects the intellectual property rights of others and expects Users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If You believe that any Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Your contact information and an email address; (v) a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
11. Disclaimers and Limitations of Liability
You have read this section carefully since it limits the liability of Pustaks and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Pustaks Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.
A. The Services are Available "AS-IS"
The access to and use of the Services or any Service Content is at Your own risk. You understand and agree that the Services are provided to You on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, Pustaks Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
Pustaks Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Pustaks Entities or through the Services, will create any warranty not expressly made herein.
B. Third Party Website Links
Services may contain links to third-party websites or resources. You acknowledge and agree that Pustaks is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, advertisements, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Pustaks Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
C. Limitation of Liability
To the maximum extent permitted by applicable law, the Pustaks Entities shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other tangible or intangible losses, resulting from (i) Your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Content obtained from the Services; or (iv) unauthorized access, use or alteration of Your transmissions or Content.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Pustaks Entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
12. General Terms
The right, title and interest in and to the Services are and will remain the exclusive property of Pustaks and its licensors/owners. The Services are protected by copyright, trademark, and other laws of UAE and foreign countries. Pustaks reserves all rights not expressly granted in these terms of User Agreement. You acknowledge and agree that any feedback, comments, or suggestions You may provide regarding Pustaks or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to You.
A. Waiver and Severability
The failure of Pustaks to enforce any right or provision of these terms of User Agreement will not be deemed a waiver of such right or provision. In the event that any provision of these terms of User Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these terms of User Agreement will remain in full force and effect.
B. Controlling Law and Jurisdiction
Terms and any actions related thereto will be governed by the laws of UAE without regard to or application of its conflict of law provisions of Your state or country of residence. All claims, disputes, legal proceedings or litigations arising in connection with the Services will be brought solely in the competent courts of jurisdiction located in UAE, and You consent to the jurisdiction of and venue of such courts and waive any objection as to the courts in UAE being an inconvenient forum.
C. Entire Agreement
User Agreement and our Privacy Policy form the entire and exclusive agreement between Pustaks and You regarding the Services (excluding any services for which You have a separate agreement with Pustaks that is explicitly in addition or in place of the User Agreement), and the User Agreement supersedes and replaces any prior agreements between Pustaks and You regarding the Services.
D. Changes
Pustaks may revise, supplement, update and otherwise modify these terms from time to time without any further notification. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the application and will be effective immediately after such posting. We recommend that you periodically check the application for the revised terms. Your continued use of the Services will be deemed to constitute Your acceptance of any and all such revised terms.
E. Survival
You acknowledge that Your representations, undertaking and warranties and the clauses related to indemnity, limitation of liability, grant of license, governing law, shall survive the efflux of time and termination of the terms of conditions/ User Agreement.
13. Grievance Officer
If You have any content complaints regarding any content available on the Pustaks or complaints regarding use of the personal information under User Agreement and or Privacy Policy, you can register the complaint by writing to our Grievance Officer at admin@pustaks.com
14. Support
If you have any queries, suggestions, or operational/ technical issues, please reach out to us at admin@pustaks.com
