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Terms & Conditions


Purchased Digital-Books:

Sahithi Saurabalu hereby agrees to grant, upon the Purchaser successfully completing the e-purchase transaction here, which will be evidenced by the Website Acknowledgement by way of a receipt {“Purchase”}, a limited right  to the Purchaser the non-exclusive, non-transferable, one-time right to access and make personal and non-commercial use of the Sahithi Saurabalu Digital-Books identified in the Shopping Cart on the Order Confirmation (the “Purchased Product”) and provide the Purchased Product to the Purchaser subject to the terms and conditions of this Agreement, to which the Purchaser fully hereby agrees to.

Authorized Use Under the Purchase:

The Purchaser agrees to download within a reasonable time from the time of Purchase, but not later than 30 days thereof, download, access and view but not to copy and paste into either Purchaser’s own writings or writings pertaining to third-parties, who are the Copyright holders of such Third-party writings,  the Purchased Product by means of a format-compatible electronic reading device or other system. Purchaser is authorized to download additional copies of the Purchased Product and to transfer them to Purchaser’s other electronic reading devices of the Purchaser, solely for the Purchaser’s personal use.

Purchased product usage restrictions:

Except as expressly permitted in writing by Sahithi Saurabalu, the Purchaser may not:

  • Abridge, modify, translate or create any derivative work based on the Purchased Product;
  • Remove, obscure or modify in any way any copyright notices, other notices or disclaimers as they appear in the Purchased Product
  • Reproduce, distribute, transfer, sell, rent, lease or lend the Purchased Product; or
  • Bypass, modify, defeat or circumvent security measures that protect the Purchased Product.
  • Post individual items from the Purchased product on social networking sites;
  • Speak, write, disseminate in any manner on any media or public platform, meetings, gatherings, about the Purchased Product and the contents thereof; and
  • Distort the theme, message, idea and the contents thereof in any manner whatsoever’

Intellectual Content Ownership:

The Purchaser, without any qualification or reservation, accepts, acknowledges and recognizes that all right, title and interest in and to the Purchased Product remain solely with Sahithi Saurabalu and its suppliers, forever, except as expressly set forth, if any, in this Agreement, and that the redistribution of the Purchased Product could materially harm the Sahithi Saurabalu and its suppliers, their name, reputation, and goodwill, and other intellectual property rights.

Performance Obligation:

Sahithi Saurabalu will make the Purchased Product accessible to the Purchaser from the Sahithi Saurabalu Store at www.esahithi.com. The Purchased Product will be accessible for download for a period of thirty (30) days from the date that the Purchaser submits the Purchase Order and by selecting the “Pay” button thereon, and further as soon as the e-Confirmation or acknowledgement is issued by the Sahithi Website.  

Protection from unauthorized access and use

The Purchaser shall use reasonable efforts to:

  • Ensure that any passwords or credentials used to access the Purchased Product are used only by Purchaser for its personal use and Purchaser should not disclose any passwords or credentials to any third party; and
  • Immediately upon becoming aware of any unauthorized use of the Purchased Product, inform Sahithi Saurabalu and take appropriate steps to ensure that such activity ceases and to prevent any recurrence.

System requirements:

Use of the Purchased Product requires compatible devices internet access, and certain software (fees may apply); may require periodic updates, and may be affected by the performance of these factors. Purchaser agrees that meeting these requirements, which may change from time to time, is the responsibility of the Purchaser.

Payment Terms:

The Purchaser shall pay to Sahithi Saurabalu the fees as defined hereafter (the “Fees”), including any applicable taxes, for access to and use of the Purchased Product at the rates in effect when the charges were incurred. Refunds are not available in the event of a price reduction or promotional offering. If the Purchased Product becomes unavailable following a transaction but prior to download, the sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of the Purchased Product, the exclusive and sole remedy is either replacement or refund of the Fees, as determined by Sahithi Saurabalu after analyzing the digital logbook.

Cancellation Terms:

The term of this Agreement shall commence when Sahithi Saurabalu processes the Purchaser’s payment of the Fees, including any applicable taxes, and the Purchaser shall have immediate access and use of the Purchased Product but in any case not more than 30 days from the date of Purchase, in accordance with the usage provisions of this Agreement. The access granted hereunder for the above Purchased Product is subject to payment of a one-time fee as identified in the Shopping Cart on the Order Confirmation. The right of cancellation of this Agreement ends when the Purchaser downloads the Purchased Product.

Warranties:

Sahithi Saurabalu warrants that use of the Purchased Product in accordance with the terms and conditions herein will not infringe the intellectual property rights of any third party.

Indemnities:

Sahithi Saurabalu shall indemnify, defend and hold harmless the Purchaser from and against any loss, damage, costs, liability and expenses (including reasonable attorneys’ fees) arising from or out of any third-party action or claim that use of the Purchased Product in accordance with the terms and conditions herein infringes the intellectual property rights of such third party provided, however, that, If any such action or claim is made, the Purchaser shall promptly without any delay whatsoever, but in any case, not more than 7 days from the date of notice of infringement by any third-party, notify and cooperate with Sahithi Saurabalu. It shall be the duty of the Purchaser to ensure that any such notice of infringement is sufficiently brought to the notice of Sahithi by way of Sahithi acknowledging, not by automated message facility, but by a real person actually reading and acknowledging the Purchaser’s notice of infringement. This indemnity obligation shall survive the termination of this Agreement.

Disclaimer:

EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SAHITHI SAURABALU AND ITS SUPPLIERS PROVIDE THE PURCHASED PRODUCT “AS IS” AND MAKE NO REPRESENTATION OR WARRANTY AND EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CLAIM ARISING FROM OR OUT OF THE PURCHASED PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS, INACCURACIES, OMISSIONS, OR DEFECTS CONTAINED THEREIN, AND ANY IMPLIED OR EXPRESS WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability:

Except for the express warranties and indemnities stated herein and to the extent permitted by applicable law, in no event shall Sahithi Saurabalu or its suppliers be liable for any reliance made by the purchaser, or any indirect, incidental, special, consequential or punitive damages including, but not limited to, loss of data, business interruption or loss of profits, arising out of or in connection with this Agreement, or shall the liability of Sahithi Saurabalu and its suppliers to the Purchaser exceed a sum equal to the Fees paid by the Purchaser hereunder, even if Sahithi Saurabalu or any supplier has been advised of the possibility of such liability or damages.

Risk of Loss:

Risk of loss for the Purchased Product transfers when the Purchaser downloads or accesses the Purchased Product.

Force majeure:

Neither party’s delay or failure to perform any provision of this Agreement as a result of circumstances beyond its control (including, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, telecommunications or Internet failures or damage to or destruction of any network facilities or servers) shall be deemed a breach of this Agreement.

Severability:

The invalidity or unenforceability of any provision of this Agreement shall not affect any other provisions of this Agreement.

Entire agreement:

This Agreement contains the entire understanding and agreement of the parties and merges and supersedes any and all prior and contemporaneous agreements, communications, proposals and purchase orders, written or oral, between the parties with respect to the subject matter contained herein.

Governing law:

This Agreement will be governed by and construed in accordance with the laws of New York, USA, without regard to conflict of law principles, and the parties irrevocably consent to the exclusive jurisdiction of the courts located in the State of New York, USA, with respect to any action or suit arising out of or pertaining to this Agreement (except where local law requires).

Assignment:

The Purchaser shall in no event assign, transfer or license any of its rights or obligations under this Agreement.  

Privacy:

Sahithi Saurabalu shall not, without the prior written consent of the Purchaser, transfer any personal information of Purchaser to any non-affiliated third party or use it for any purpose other than as described in this Agreement including selling such data.  

Notices:

All notices given pursuant to this Agreement shall be in writing and, if to Sahithi Saurabalu, delivered to:

Sahithi Saurabalu 

231 Betsy Ross Dr.

Orangeburg, NY, USA

Contact Person: Giri Bhandaru

Email: reachus@eSahithi.com

Phone: (845) 735 - 2426

And if to the Purchaser: delivered to the contact details identified on the Order Confirmation,

or to such other addresses as the party concerned shall have designated by notice hereunder.

IN ACKNOWLEDGEMENT OF THE ACCEPTANCE OF THE ABOVE TERMS AND CONDITIJONS AND IN WITNESS WHEREOF, THE PARTIES HERETO SUBSCRIBE TO THIS AGREEMENT BY DENOTING THE ACCEPTANCE BY WAY OF ELECTRONIC ACCEPTANCE ON THE WEBSITE BEFORE COMPLETION OF THE PURCHASE AND THE COMPLETION OF THE TRANSACTION AND ISSUING OF “E-RECEIPT” OR “E-ACKNOWLEDGEMENT” SHALL CONSTITUTE CONCLUSIVE PROOF OF ACCEPTANCE OF THESE TERMS AND CONDTIONS BY THE PURCHASER.

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