Use of the services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Sgyaan Digital Press (SDP) website located at interjournals.org, and all associated sites linked to interjournals.org, or the SDP mobile application or any similar platform (hereinafter collectively, the SDP Platform run by Eukti Innovative Solutions, having its registered office at C-57 Third Floor, Neb Sarai, Delhi – 110068 (hereinafter collectively, SDP ) on any device and/or before availing any services offered by SDP on the SDP Platform which may include services such as article processing and pulishing, journal subscriptions, online articles, journal listing and/or any other service that may be offered by SDP on the SDP Platform (hereinafter individually, and collectively, the SDP Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all SDP Services, whether offered by SDP or its affiliates.
Acceptance
By registering on, accessing, browsing, downloading or using the SDP Platform for any general purpose or for the specific purpose of availing any SDP Service, You agree to be bound by the terms and conditions set forth here as well as by the service-specific terms and conditions applicable to each SDP journal (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the website or any additional or modified service-specific terms and conditions in relation to any SDP Service or any future service that may be offered by SDP on the SDP Platform. By registering on, accessing, browsing, downloading or using (as applicable) the SDP Platform or availing any SDP Service or the website, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, You may not access, browse or use the SDP Platform and immediately terminate Your availing the SDP Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between You, being at least 18 years of age and an individual user of the SDP Platform or a customer or beneficiary of the Services. Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, SDP, regarding Your use of SDP’s digital services (which includes but may not be limited to article processing and publishing, article reading/subscription, journal access, payment of APC, etc.). The Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, SDP grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the SDP Platform and/or avail the services.
Limitation of Liability and Damages
In no event, SDP or its contractors, licensors, or partners will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the SDP Services, the SDP Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the SDP Services, the SDP Platform (including any and all materials) or any reference sites/app/platform/service, even if SDP or a SDP authorized representative has been advised of the possibility of such damages. In no event, SDP, directors, employees, agents will be liable to You for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SDP Services, the SDP Platform or any reference site/app/platform/service; or (iv) Your use or inability to use the SDP services, the SDP Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with SDP, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the SDP Service or the SDP Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000, whichever is less. You acknowledge and agree that SDP has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and SDP. SDP would not be able to provide the services to You on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, SDP’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement.
Indemnification
You agree to indemnify, save, and hold SDP, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the SDP Services or of the SDP Platform; (ii) any violation by You of this Agreement or the website Agreement; or (iii) any breach of the representations, warranties, and covenants made by You herein. SDP reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify SDP, including rights to settle, and You agree to cooperate with SDP’s defense and settlement of these claims. SDP will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, SDP and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from SDP or through the SDP Services or the SDP Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “SDP” includes SDP’s officers, directors, employees. You acknowledge that SDP is a provider of digital services in the form of research article publication and availablility on its website, is not liable for any third party (OJS platform used for article processing and availablility) obligations due to technical issues, security vulnerability and all other instances, whether to any such users or otherwise. You expressly agree that use of the SDP Services on the SDP Platform is at Your sole risk. It is Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information provided through the site or on the Internet generally. SDP does not warrant that the SDP Services will be uninterrupted or error-free or that defects in the site will be corrected. The SDP Services and the SDP Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. SDP, and its partners do not warrant that the data, SDP software, functions, or any other information offered on or through the SDP Services/SDP Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. SDP and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the SDP Services/SDP Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the SDP Services/SDP Platform or any reference sites/platforms/apps/services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive termination of this Agreement. In no event will SDP be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the SDP Platform.
Ownership; Proprietary Rights
The SDP Services and the SDP Platform are operated by SDP, however hardware, software, etc. might be sourced using third-parties including OJS, WordPress etc (and their third-parties whosoever). The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, software, services, and all other elements of the SDP Services and the SDP Platform provided by SDP (hereafter Materials) are protected by respective copyrights, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and SDP, all Materials, trademarks, service marks, and trade names contained on the SDP Platform are the property of SDP. You agree not to remove, obscure, or alter SDP or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the SDP Services/SDP Platform. Except as expressly authorized by SDP, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. SDP reserves all rights not expressly granted in this Agreement. If You have comments regarding the SDP Services and/or the SDP Platform or ideas on how to improve it, please contact us. Please note that by doing so, You hereby irrevocably assign to SDP, and shall assign to SDP, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.