1.1. Lieper Books Private Limited (“Lieper” or “we” or “us” or “our”) having its registered office at 74/II, Techno Park, C Cross Road, MIDC, Andheri East, Andheri, Opp Seepz Gate No. 2 Mumbai Mumbai City MH 400093 INfor facilitating the users who access our platform https://lieperpublication.com (“Website”), and a mobile application under the brand name Lieper (“Application”), (collectively referred to as “Platform”). Lieper provides an e-commerce Application for readers, writers, reviewers and bloggers to engage on the Application. Further, the Application has an integrated massive book library powered by independent book stores.
1.2. These Terms govern the terms of usage of our Platform. These Terms constitute an electronic document published in accordance with the provisions of the Information Technology Act, 2000 (“Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), as amended from time to time.
1.3. By registering, you signify your absolute, irrevocable and unconditional consent to all the provisions of these Terms in its entirety.
You can determine when these Terms were last revised by referring to Clause 1.1 of these Terms. Lieper reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Platform, you agree that you are using the Platform solely at your discretion and in no way did Lieper induce or invite or solicit you to visit the Platform. You should not modify or edit or alter or use any content from the Platform in any manner to hamper the position of Lieper.
3.1. By installing, downloading or even merely visiting or accessing any part of the Application or accessing the Website (as applicable), the book store(s) (“Book Store” or “Book Store(s)” or “you” or “yours”) acknowledge that they have read, understood, and agreed to these Terms. Book Store shall mean a person selling book(s) on the Platform.
3.2. The Platform is not intended for anyone under 18 (eighteen) years of age. You affirm that you are above 18 (eighteen) years of age and are fully able and competent to enter into the Terms, conditions obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
5.1. Lieper is engaged in the business of providing an interactive platform to its users to facilitate communication between mutually interested users and also provides an e-commerce platform for facilitating the buying and selling of books.
5.2. Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Platform, which allows you to access and use the Platforms on mobile, tablets and desktop device (“Devices”) that you own or control. Book Store(s) may use the Platform on the Devices solely for their own personal and non-commercial use.
5.3.1. The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the devices.
5.3.2. The Website is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above.
5.3.3. The contents of the Website are best viewed with the latest version of Adobe Flash Player.
5.3.5. Further, Lieper reserves the right to upgrade the Website from time to time to provide its Website in the best possible manner.
5.4.1. The Application is compatible with iOS and android. The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, and Application updates, from Lieper, your mobile carrier or third party service providers.
5.4.2. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.
5.4.3. The Application may not work with all Devices or all mobile carriers. Lieper makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fee is charged for the Application, or other third party service providers charge fee for the products they provide, you agree to pay such fee to the respective party in exchange for your continued use of such services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
5.5. Lieper’s Platform is compatible only with the above-mentioned software’s or programmes. Lieper shall not be obligated, at any point of time, to provide workable service for any devices that are not recognized by Lieper or those instruments that may be purchased from any third-party which are not compatible with the Platform.
5.6. Further, Lieper reserves the right to upgrade the Platform from time to time to provide its service in the best possible manner.
5.7. Third-Party Links
6.1. Registration of your account:
6.1.1. The seller may be required to register as a Book Store on the Website to sell their book(s) on the Application. Lieper does not permit Book Store(s) to sell the book(s) on the Application without registration of their account on the Website.
6.1.2. If the Book Store(s) choose to sign up or register, they agree to provide and maintain true, accurate, current and complete information about it. The Book Store(s) are responsible for any activity that occurs on their respective account. Further, the Book Store(s) agree to immediately notify Lieper of any unauthorized use of their account or any other breach of security.
6.1.4. When you sign up as a Book Store, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information to obtain access to our Website or Application (as applicable) that you are not legally entitled to claim. You acknowledge that any false claim of a Book Store may cause Lieper or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
6.1.5. The Book Store shall be responsible for providing accurate information to Lieper in order to communicate with the Book Store. The Book Store agrees and understands that if the Book Store provides incorrect information, Lieper shall be deemed to have provided the communication to the Book Store effectively.
6.1.6. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platform and for restricting access to your Devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
6.2. Suspension or Termination of your account:
6.2.1. Lieper reserves the right to suspend or terminate the account or access to the Platform including blocking any amounts due to the Book Store and associated account-
(i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and/or
The Book Store acknowledges and understands that Lieper is only a facilitator between the user and the Book Store(s). Lieper will not be held accountable for any direct or indirect communication/transaction between the Book Store(s) and the user.
7.1. In consideration of the services and access to the Platform, Lieper shall charge a monthly subscription fee of INR 199/- (Indian Rupees One Hundred and Ninety-Nine only) to the Book Store. However, this monthly subscription amount is subject to change at the sole discretion of the Company.
7.2. The subscription shall be subject to monthly renewal by the Book Store and the Book Store shall, receive a notification on the Application, at least 3 (three) days prior to the date on which the subscription amount is due for purpose of renewal of subscription.
7.3. Lieper shall retain 20% (twenty percent) of the sale proceeds on the sale of the first 5 (five) books by the Book Store as a safety deposit.
7.4. You shall be responsible for payment of all fees/costs/charges associated with the listing of book(s) on the Application and you agree to bear any and all applicable taxes including but not limited to GST, duties and cesses, and payment gateway charges.
7.5. The payments shall be made by the Book Store through valid debit/credit card/internet banking/UPI over a secure payment network.
7.6. While making the payment, Book Store agrees to provide correct, complete and accurate financial information such as credit/debit card details or prepaid payment instrument account details which may be stored by Lieper’s third party payment gateway provider. Book Store shall not use a credit/debit card or prepaid instrument which is not lawfully owned by them or which the Book Store has not been lawfully authorised to use. The Book Store shall solely be responsible for the security and confidentiality of their financial information. Lieper disclaims all liabilities that may arise as a consequence of any unauthorised use of the Book Store’s financial information and/or identity, including, details relating the payment.
7.7. Lieper shall not be held responsible and shall not assume any liability in respect of any loss or damage suffered directly or indirectly by a Book Store owing to:
7.7.1 lack of authorization for any transactions;
7.7.2 the exceeding of the credit/debit limit mutually agreed between the Book Store and the issuing bank;
7.7.3 any payment issue arising out of technical glitches occurring during a transaction; or
7.7.4 a declination of transaction for reasons beyond Lieper’s control.
7.8. Lieper reserves the right to impose limits on the number of transactions a Book Store may undertake on the Application. If the Book Store exceeds such transaction limits imposed by Lieper, Lieper reserves the right to refuse to process such transactions. Lieper may refuse to process transactions emanating from Book Store(s) who have suspicious or questionable transaction history on the Application. If Lieper is dissatisfied with the credibility of a Book Store or the genuineness of a transaction carried out on the Application, Lieper shall have the right to reject such transactions. The Book Store agrees that Lieper shall not be liable for any damage, interests or claims resulting from Lieper’s decision to not process a transaction or delay in the processing of a transaction on account of a Book Store’s suspicious activity on the Application.
7.9. We only charge fee when you choose to subscribe to ourPlatform. However, Lieper reserves the right to change its fee from time to time. For instance, Lieper may at its sole discretion introduce new services and modify the existing services offered on the Platform. In this case, Lieper reserves the right to charge fees for the new services offered or amend/introduce fees for existing services, as the case may be. Lieper shall post the change in the fees on the Platform and such change shall automatically become effective immediately after they are updated on the Platform. It shall be your responsibility for the compliance of all applicable laws.
7.10. The Book Store accepts and agrees that the payment facility provided by Lieper is neither a banking nor financial service but is merely a facilitator providing an automated online electronic payment system, using the existing authorized banking infrastructure and credit card payment gateway networks or payment through cash on delivery amount, for the transactions through the Application.
7.11. To the fullest extent provided by applicable law, you acknowledge and agree that Lieper will not be liable for any actions or omission on the part of the Book Store(s).
8.1. The Book Store(s) shall upload the details of the book(s) available for sale in the appropriate category, sub-category on the Application and shall be responsible for ensuring that the Application is updated and reflects the real-time availability/non-availability of the book(s).
8.2. The users may purchase the book(s) on the Application by either paying through online payment gateways or cash on delivery. The Book Store(s) shall be responsible for the delivery of the books to the users.
8.3. In the event the book(s) have not been delivered or have been returned within 48 (forty-eight) hours due to any reason or fault attributable to Book Store including but not limited to wrong shipment and damaged book(s) then Lieper shall on behalf of the Book Store refund the user, provided that the payment of the books was collected by Lieper. In the event, the payment was collected by the Book Store, Lieper shall refund the payment to the user and the Book Store shall be liable to pay Lieper within 7 (seven) days from the date of payment by Lieper to user.
9.1. Lieper shall use the Intellectual Property of the Book Store(s) with respect to the name and logo of the Book Store in order to list the books on the Application.
9.2. The Book Store recognizes and confirms that Lieper has the exclusive right to supervise, allow and reject the contents of the Application. Lieper shall not be liable for content and images shared, uploaded or displayed on the Application by the Book Store and all consequent liability will be borne by the Book Store only.
9.3. The Book Store may display/delist the books (as updated or to be updated by Book Store on the Application at any/all times) along with the related logo and/or trademark and/or brand name, etc., of the books for marketing/selling through the Application.
9.4. The Book Store must ensure that it has the right to use the Intellectual Property of third parties for the purpose of sale and display of the books on the Application and in case of any infringement, liability or claim arising out of such use, Lieper shall not be held responsible, and the Book Store shall be liable to reimburse Lieper for any damages incurred.
9.5. Lieper is merely a facilitator between the Book Store and the users. However, on receiving written notification of any alleged infringement of third party intellectual property rights due to display or sale of any books/third party trademark or copyrighted matter on the Application (including availability or sale of counterfeit books on the Application), Lieper may, at its own discretion, remove / delist the allegedly infringing books / content from the Application, with or without prior notice to Book Store.
You by way of accepting these Terms consent to the receipt of communication from Lieper by way of e-mails, newsletters and Short Message Service (SMS) notifications. You expressly grant us permission to contact you in the abovementioned ways for updating you about our services or for marketing or promotional purposes. You shall indemnify Lieper for any liabilities including financial penalties, damages, reasonable expenses if the Book Store’s mobile number is registered with Do not Call (DNC) Database. If you do not wish to receive communication from Lieper by way of e-mails, newsletters and SMS notifications anymore.
11.1. You hereby agree, undertake and covenant that, during the use of the Platform, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
11.1.1. belongs to another person and to which the you do not have any right;
11.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on basis of gender, libellous, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;
11.1.3. is harmful to minors;
11.1.4. infringes any patent, trademark, copyright or other proprietary rights;
11.1.5. violates any law for the time being in force;
11.1.6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
11.1.7. impersonates another person;
11.1.8. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
11.1.9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
11.1.10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
11.1.11. provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
11.1.12. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform;
11.1.13. engages in commercial activities without Lieper’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc; or
11.1.14. interferes with another users orBook Store(s) use and enjoyment of the Platform;
11.2. You may not decompile, reverse engineer, or disassemble the contents of the Platform and/or the book(s) or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platform.
11.3. You will not (a) use the Platform for commercial purposes of any kind, or (b) advertise or sell the Application or any books or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Platform in any way that is unlawful, or harms Lieper or any of its Representatives(as defined hereinbelow).
The Platform is protected by copyright laws as well as other intellectual property laws as applicable. Lieper and its licensors shall retain ownership in and to the Platform and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Platform subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.
Any feedback you provide with respect toLieper, any surveys undertaken by us shall be deemed to be non-confidential. The Platform shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Lieper is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iii) you are not entitled to any compensation or reimbursement of any kind from Lieper for the feedback or survey data under any circumstances, unless specified.
Lieper reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.
17.1. Termination of your account by us
17.1.1. Lieper, in its sole discretion, may modify, suspend, or terminate access to, all or any portion of the Platform at any time for any reason including termination for breach of any of these Terms.
17.1.2. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.
17.2. Termination of your account by you
Your only remedy with respect to any dissatisfaction with (i) the Platform, (ii) any term of these Terms, (iii) any policy or practice of Lieper in operating the Platform, or (iv) any content or information transmitted through the Platform, is to terminate the Terms and your account with Lieper and stop using the Platform.
17.3. Consequences of termination
Upon termination of your account, you shall pay Lieper all amount dues to Lieper within 7 days from such termination, if any.
THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE BOOK STORE THROUGH THE PLATFORM ARE PROVIDED BY LIEPER ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. LIEPER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. THE BOOK STORE EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT THE BOOK STORE’S SOLE RISK.LIEPER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATTFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, LIEPER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
IN NO EVENT SHALL LIEPER, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE BOOK STORE’S ACCESS TO AND USE OF THE PLATFORM; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIEPER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF LIEPER VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF FEES PAID BY THE BOOK STORE TO LIEPER. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, India and the language used shall be English.