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TERMS OF SERVICE

Last updated on : 07th November, 2024

We welcome you to Indiepress and thank you for your support in making Indiepress a leading self-publishing platform.

We sincerely encourage you to go through the below Terms of Service to understand the platform’s features and your responsibilities while using the platform. Do not hesitate to contact us for any queries.

TERMS OF USE

These Terms of Use govern the use of Nasadiya Technologies Pvt Ltd’s (“Company”) division namely- ‘Indie Press’ website  https://www.indiepress.in  (“Website”) by any person (“Users”/“You”/“ Your). By accessing the Website, or by using any other Indie Press product or service, You indicate your agreement to these Terms of Service (“Terms”), and any other applicable policies that govern its relationship with its Users. If You are under 18 years of age, You must obtain consent from Your parent(s) or legal guardian(s) who will be responsible for Your acceptance and compliance of these Terms.

These Terms constitute the entire and only agreement between us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the Website content and Services provided by or listed on the Website.

This is an electronic record under the Information Technology Act, 2000 and rules there under. Therefore, no signature is required to make the Terms of Use binding on the User. These Terms of Use along with the Privacy Policy have been formulated as required under Rule 3 (1) (a) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021.

  1. PACKAGES
    Indie Press offers self-publishing services through various packages listed on the Website at the link (“Services”). The Services provided will be based on the package selected by the author (“Author”) at the time of purchase. Each package includes different features, levels of service and associated fees/ commercials, which are clearly outlined on the Website.

  2. PAYMENT AND REFUND POLICY

    • Services and Fees: Fees for publishing and distribution services will align with the package selected by the Author at the time of purchase.

    • Refund Policy: Refunds will be provided in accordance with the terms of the agreement between Indie Press and the Author. Refund eligibility and amount will vary depending on the stage of work completed at the time of cancellation. Specific refund terms will be detailed in the individual Author agreement.

  3. SHIPPING AND DELIVERY

    • Package-Based Shipping and Delivery: Shipping and delivery of physical copies of the books or any other materials will be provided based on the terms of the package selected by the Author. The specific shipping options, timelines, and any associated fees will vary according to the features included in the chosen package, as detailed on the Website.

    The Company (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, pandemic, epidemic, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes.

  4. INTELLECTUAL PROPERTY OWNERSHIP

    • Website Content: All materials, content, and features available on the  Website, including but not limited to text, graphics, logos, images, audio, video, software, and design elements (collectively, "Website Content") are owned exclusively by the Company. The Company retains all rights, title, and interest in and to the Website Content, which is protected by applicable copyright, trademark, and other intellectual property laws. Users are prohibited from copying, distributing, modifying, or creating derivative works from any part of the Website Content without prior written permission from the Company.

    •  Author Content: The ownership of books/manuscript and any original content submitted by authors (“Work”) for self-publishing purposes will vest solely with the Author. Indie Press does not claim ownership over the Work but may require certain rights to publish and distribute it per the terms of the selected package. However, any line arts, cover images, illustrations, or other artwork created by Indie Press independently for the author’s project will remain the exclusive property of Indie Press, unless otherwise agreed upon in the individual Author agreement. In such cases, ownership of the artwork may be transferred to the Author only if explicitly stated in the agreement.

  5. OBLIGATIONS OF THE AUTHOR

    • Submission of the Work : The Author is responsible for providing the full and complete text of the Work, which includes all written content (fiction/non-fiction/poetry/article/anthology/graphic novel) as outlined in the agreement. The Author agrees to ensure that the content provided is original, does not infringe upon any third-party rights, and complies with all applicable laws. 

    • Content Accuracy: The Author ensures the accuracy and completeness of all content submitted for publication. Any errors, omissions, or inaccuracies in the content are the sole responsibility of the Author. Views expressed by the Author(s) in their content are their individual views and the Company is not responsible for any such views, expressions, ideas, comments, statements and content of the same. The Company does not review the contents of a book or other information provided by the Author in any way before they are published. The Company does not verify, endorse or otherwise vouch for the contents of any Works published through the Website. The Author(s) can be held legally liable for the contents of their Works and may be held legally accountable if their Works include, for example, defamatory comments or material protected by copyright, trademark, patent or trade secret law without the permission of the author or owner.

    • Approval Process: The Author shall review and approve various stages of the Work, including but not limited to-Front cover design, proofreading and final formatting of the Work. The Author’s approval process will be conducted as per the package and timelines agreed upon in the agreement. The Author must provide timely feedback and approval of the materials. Any delays in providing approvals may affect the overall publishing schedule and the completion of the Work.

    • Rights and Permissions: The Author confirms that they hold the necessary rights and permissions to publish and distribute the Work, and will ensure that no content violates third-party intellectual property rights. The Author agrees to indemnify Indie Press against any claims or legal issues arising from the content of the Work.

    • Adherence to Package Terms: The Author is responsible for selecting the appropriate package and ensuring that all work required by the chosen package is completed in accordance with the terms and conditions of the package. Any deviations from the standard package must be agreed upon in writing.

    • Payment of Fees: The Author agrees to pay the consideration as per the agreed payment schedule, which covers the selected package and any additional or modified services, if applicable. Failure to make payments on time may result in delays or suspension of Services.

    • Compliance with Indie Press Guidelines: The Author agrees to comply with all guidelines, requirements, and instructions set forth by Indie Press, including but not limited to the submission process, content formatting, and publishing standards. The Author will also ensure that the Work adheres to the community standards set by Indie Press.

    • Marketing and Promotion: The Author acknowledges that Indie Press may promote the Work through various marketing channels. The Author is responsible for providing any promotional materials or additional content required for marketing purposes, as per the selected package. The Author agrees to cooperate with Indie Press in the marketing and promotional efforts.

    • Shipping and Delivery of Author Copies: The Author is responsible for reviewing the details of the shipping and delivery of printed copies of the Work, including the number of author copies, which will be as per the package chosen by the Author. Any additional author copies beyond the package terms may incur extra charges.

  6. THIRD-PARTY WEBSITE

    All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to You while on such websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. This Website and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If You decide to leave our Site and access these third-party linked sites, You do so at your own risk.

  7. THIRD-PARTY PRODUCTS AND SERVICES

    We may advertise third-party linked websites from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at Your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between You and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.

  8. INDEMNITY

    You agree to defend, indemnify, and hold harmless the Company and its affiliates, employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by You of these Terms. You acknowledge that any breach, threatened or actual, of these Terms may cause irreparable injury to the Company, such injury would not be quantifiable in monetary damages, and the Company would not have an adequate remedy at law. You therefore agree that the Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of these Terms.

    The Users agree to indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising from or in connection with the contents of the author’s book, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members and infringement of intellectual property or other rights.

  9. DISCLAIMER

    THE CONTENT, SERVICES, LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE WEBSITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.

  10. GRIEVANCE REDRESSAL 

    In case the Author or User has any grievances or concerns regarding the Services provided by Indie Press or these Terms, the Author or User should raise the grievance by sending an email to Gautam Padmanabhan, Grievance Officer at  >[email protected]. The grievance should be detailed and include all relevant information, such as the nature of the issue, the specific service involved, and any supporting documentation.

  11. MISCELLANEOUS 

    1. Modification: The Company reserves the sole and exclusive right to unilaterally amend or modify these Terms and such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms . Any amendment or waiver to our Terms must be in writing and signed by us.

    2. Disputes: The Users expressly agree that the Terms of Use, Privacy Policy and any other agreements entered between the Company and User(s) are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.

    3. Conflict: In case of any conflict arising in the interpretation of the Terms of Use in English and any other language as it may be made available in on the Website/Application, the terms of the English version shall prevail.

    4. Assignment: The rights and obligations under these Terms of Use are granted only to You and shall not be assigned to any third party without our consent. However, We are permitted to assign our rights and obligations under these Terms to others. This can happen when, for example, We enter into a merger with another company and create a new company.

    5. Severability: If any aspect of these Terms  is unenforceable, the rest will remain in effect.

    6. Waiver: If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.

    7. Rights Reserved: We reserve all rights not expressly granted to You.