Welcome to the MSE BOOK’s terms and condition. These terms and conditions (“Terms and Conditions”), are between MSE BOOK and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website www.missionshiksha.in (“Website”) and/or our app MS eBook together shall be referred to as “MS eBook Platform”, you agree to be bound by the provisions of these Terms and Conditions.
- These Terms and Conditions apply to all Users of the MS eBook Platform, including educators who are also contributors of User Content on the MS eBook Platform. The MS eBook Platform includes all aspects of the Website and Apps which includes but is not limited to products, software and service offered via the MS eBook Platform and any other service or application that MSE BOOK introduces from time to time.
- You agree and acknowledge that MSE BOOK shall have the right at any time to change or discontinue any aspect or feature of the MS eBook Platform, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, MSE BOOK may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. MSE BOOK reserves the right to refuse access to the MS eBook Platform, terminate Accounts, remove or edit contents without any notice to You.
MSE BOOK Accounts
In order to access some of the features of the MS eBook Platform, you may have to create your account with MSE BOOK. You agree and confirm that you will never use another User’s
account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree
that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify
MSE BOOK immediately of any breach of security or unauthorized use of your account. At no point in time will MSE BOOK be liable for any losses caused by any unauthorized use of
your account, you shall solely be liable for the losses caused to MSE BOOK or others due to such unauthorized use, if any.
Access, Permissions and Restrictions
MSE BOOK hereby grants you permission to access and use the MS eBook Platform as set forth in these Terms and Conditions, provided that:
- You agree not to distribute in any medium any part of the MS eBook Platform or the content without MSE BOOK’s prior written authorization.
- You agree not to alter or modify any part of the MS eBook Platform.
- You agree not to access content of any other User through any technology or means other than the video playback pages of the MS eBook Platform itself.
- You agree not to use the MS eBook Platform for any of the following commercial uses unless you obtain MSE BOOK’s prior written approval:
- the sale of access to the MS eBook Platform;
- the sale of advertising, sponsorships, or promotions placed on or within the MS eBook Platform or content; or
- the sale of advertising, sponsorships, or promotions on any page or website that provide similar MS eBook Platform as that of MSE BOOK.
- You agree to receive installs and updates from time to time from MSE BOOK. These updates are designed to improve, enhance and further develop the MS eBook Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MSE BOOK to deliver these to you) as part of your use of the MS eBook Platform.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the MS eBook Platform in a manner that sends more request messages to MSE BOOK’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MSE BOOK grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MSE BOOK reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the MS eBook Platform, nor to use the communication systems provided by the MS eBook Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the MS eBook Platform with respect to User Content.
- You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give MSE BOOK limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its MS eBook Platform and in any of its marketing or promotional activities.
- In your use of the MS eBook Platform, you will at all times comply with all applicable laws and regulations.
- MSE BOOK reserves the right to discontinue any aspect of the MS eBook Platform at any time with or without notice at its sole discretion.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
- MSE BOOK Content utilized on the MS eBook Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, graphics are owned by or licensed to MSE BOOK and subject to copyright and other intellectual property rights under the law.
- User Content is provided to you on an AS IS basis. You may access Content for your information and personal use solely as intended through the provided functionality on the MS eBook Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by MSE BOOK on the MS eBook Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of MSE BOOK or the respective licensors of the User Content. MSE BOOK and its licensors reserve all rights not expressly granted in and to the MS eBook Platform and the User Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the MS eBook Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the MS eBook Platform or the User Content therein.
MSE BOOK – Subscription
Please refer to MSE BOOK Subscription terms and conditions to know more about the terms that shall govern your subscription. MSE BOOK Subscription is exclusive for the Users who have subscribed. You shall not give any unauthorized access or distribute or reproduce the Educational Content (as defined in the Subscription terms and conditions) to a third party.
In the event that MSE BOOK becomes aware of any Users giving unauthorized access to any third party or distributing or reproducing any Educational Content to or any third-party channel or media, MSE BOOK reserves the right to suspend or terminate the said User’s account with immediate effect.
MSE BOOK Intellectual Property Right
The MS eBook Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the MS eBook Platform is owned and controlled by MSE BOOK and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, MSE BOOK owns all IPR to and into the trademark “MSE BOOK” and the MS eBook Platform.
The mark “ MSE BOOK” and “ME eBOOK” is the sole property of MSE BOOK. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from MSE BOOK.
Any refunds that are to be processed shall be processed in accordance with MSE BOOK’s refund policy.
When you visit MS eBook Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on MS eBook Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Termination of Account
1. MSE BOOK will terminate a User's access to the MS eBook Platform, if
- the User is a repeat copyright infringer;
- the User breaches any terms of these Terms and Conditions.
- Violation of any applicable laws;
- your use of the MS eBook Platform disrupts our business operations or affects any other party/ User; or
- you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against MSE BOOK.
2. MSE BOOK reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length or any other parameter that MSE BOOK deems fit from time to time. MSE BOOK may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User's account for submitting such material in violation of these Terms and Conditions.
3. MSE BOOK may suspend access to the MS eBook Platforms or require You to change Your password if we reasonably believe that the MS eBook Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of Your registration and/or Account or the MS eBook Platforms will not affect liability previously incurred by You.
Effective of Termination
In case any of the above-mentioned cases occur, MSE BOOK reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:
- MSE BOOK shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
- Payments shall not be made for the work that is the subject matter of any of the breaches.
- User access shall be terminated immediately, and the User shall not be able to access the said terminated account.
You will not without obtaining prior written consent of MSE BOOK, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the MS eBook Platform.
For the purpose of this clause Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to MSE BOOK or MS eBook Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of MSE BOOK and any breach of the same shall cause irreparable damage to us.
YOU AGREE THAT YOUR USE OF THE MS EBOOK PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MSE BOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MS EBOOK PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, MSE BOOK EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON MSE BOOK, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MS EBOOK PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MS EBOOK PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE MS EBOOK PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MS EBOOK PLATFORM. MSE BOOK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR MS EBOOK PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MS EBOOK PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MSE BOOK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MSE BOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT MSE BOOK, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR MS EBOOK PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MS EBOOK PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR MS EBOOK PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MS EBOOK PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MSE BOOK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, MSE BOOK LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE MS EBOOK PLATFORMS AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT MSE BOOK SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE MS EBOOK PLATFORM IS CONTROLLED AND OFFERED BY MSE BOOK FROM ITS FACILITIES IN INDIA. MSE BOOK MAKES NO REPRESENTATIONS THAT THE MS EBOOK PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE MS EBOOK PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MSE BOOK, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the MS eBook Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the MS eBook Platform.
Eligibility to use and Acceptance of the Terms and Conditions
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the MS eBook Platform.
MSE BOOK reserves the right to refuse access to use the MS eBook Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our MS eBook Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the MS eBook Platform is subject to the most current version of the Terms and Conditions made available on the MS eBook Platform at the time of such use.
MSE BOOK shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Information Technology Act
You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
Certain laws require to maintain data with respect to the MS eBook Platform and other personal information in a prescribed format and MSE BOOK will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
Governing Law and Jurisdiction
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bhubaneswar, Odisha, India.
Modification, Amendment or Termination
MSE BOOK may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the MS eBook Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the MS eBook Platform shall be in writing and sent to the registered office of MSE BOOK. We do not guarantee continuous, uninterrupted or secure access to the MS eBook Platform, and operation of the MS eBook Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Please read the subscription terms and conditions carefully before subscribing to any of the subscription plans, as once you have subscribed you cannot change, cancel your subscription plan. Once you subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.