Terms and Conditions

Last updated: December 10, 2022

1. Introduction

Welcome to KAHINIK (‘the company’, ‘us’, ‘we’, ‘our’), a private limited company registered in Bangladesh as Kahinik Limited joint venture with Kahinik LLC company registered in the USA. The user (‘you’, ‘your’) is reading this “Terms and Conditions” (‘T&C’), because you are visiting the company owned website www.kahinik.com, hereinafter referred as ‘website’, and/or using company’s services through the website and/or its application software named Kahinik Audiobook (‘App’, ‘Service’) in any one platform, i.e. Android, iOS, Microsoft. The same services of the App will also be available in our website as web-version and can be used by any browser that supports the version of our software.

Please read these Terms and Conditions carefully before using the Kahinik mobile application (the "Service") operated by Kahinik.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service directly or indirectly such as but not limited to overhearing, listening through other's phone and account.

You access this service on your own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

By signing up for or using the Service, you agree to the Terms on behalf of yourself and all members of your household and others who use the Service under your account. If you disagree with any part of the terms then you do not have permission to access the Service. 

You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and you are not listed on any U.S. government list of prohibited or restricted parties. 

The service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1. Copyright Policy

Copyright of the website and the App belongs to the company. We, along with our legal partners/original copyright holders of contents, solely own, control and reserve the rights to all the materials, content, intellectual properties of the website and the App. The company solemnly

declares that there will be no content in the App or website violating the copyright laws of Bangladesh and USA. All the audio books will be created by the company after receiving the legal permission from the original owner of the content. The contents, i.e the audio books, original content like podcasts, interviews produced by the company, or legally authorized to publish in the app or website from the original owner(s), are subject to purchase from the app through different forms of online payment options applicable to the users in their own country of origin. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@kahinik.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at contact@kahinik.com

1. App Registration/Sign Up Policy

Users will have to register while using the app for the first time in the form of ‘Sign Up’. There will be two types of users. They are –

a. Regular user (person over 18 years of age)

b. Student user (a person with valid student ID age between 13 and above)

For regular users, they will have to provide the following during registration/sign up:

a. Name

b. Date of Birth

c. Country

d. E-mail

e. Cell phone no.

 

For student users, they will have to provide the following during registration/sign up:

a. Name

b. Date of Birth

c. Country

d. Guardian Name (in case of below 18 years of age)

e. E-mail

f. Guardian’s E-mail

g. Cell phone no.

h. Name of the Education Institution

i. Photo of valid student ID

 

The company will not be liable for any false/untrue information provided by the user during registration. Any legal issues arising from the misinformation will be dealt with by the user and his/her legal guardian. For student users of below 18 years, a confirmation mail will be sent to the guardian, and it should be duly confirmed by the guardian to complete the registration. By allowing the minor to use the app, the guardian takes full responsibility for his/her uses. All account registration and subsequent log in to other devices will be confirmed by OTP

sent to the user cell phone and/or email.

 

1. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. Any user below 18 years of age must use the app under the guidance and supervision from a legal guardian using the identity of the adult guardian. The company will not be liable for any unauthorized use of the app by a minor.

 

A single user can be logged in to one single device. In case, users switch devices, the previous log in device will be automatically logged out of the app and other devices will be confirmed by OTP sent to the user cell phone and/or email.

 

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

The App provides services to the people living in any country of the world having a valid mobile phone number and/or email address. If the app does not work completely or partially in any country due to that country’s legal restriction, the company will not be liable for it. The company fully respects and abides by the laws of all the countries in respect to the availability and usability of the app.

 

You must comply with applicable third-party terms of agreement when using the Service including to but not limited to app distributors and wireless data providers. 

 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

 

We allow you a non-exclusive, revocable, restricted, non-transferable right to install and use this service on devices owned or controlled by you, and to access and use the service on such devices in accordance with the terms and conditions stated here.

 

1. FORBIDDEN ACTIVITIES

You are expressly and emphatically restricted from all of the following:

 

Retrieve data or content from the service,

 

Publishing any material of this service in any media,

 

Make any unauthorized use of the service,

 

Selling, sublicensing and/or otherwise commercializing any Service material,

 

Circumvent, disable, delete, interfere with any feature on the service,

 

Publicly performing and/or showing any Service material,

 

Defraud, trick, or misled the service or it's users,

 

Disrupt or interfere the service,

 

Make improper use of customer service,

 

Transfer or sell your username and/or profile,

 

Use or attempt to use someone else's username/profile,

 

Using this Service in any way that is, or may be, damaging to this Service,

 

Use the service and/or any of the content for commercial purposes or compete with us,

 

Attempt to bypass any security feature of the service or attempt to hack the service,

 

Use, manipulate, reverse engineer, disassemble, decompile, decipher any part of the software and code for any purpose,

 

Using this Service in any way that impacts user access to this Service,

 

Using this Service contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Service, or to any person or business entity,

 

Engaging in any data mining, data harvesting, data extracting, uploading virus, use or launch of any unauthorized script or software, or any other similar activity in relation to this Service, or while using this Service,

 

Using this Service to engage in any advertising or marketing,

 

Certain areas of this Service are restricted from access by you and we may further restrict access by you to any areas of this Service, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Service are confidential and you must maintain confidentiality of such information.

 

1. Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

 

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

1. Payment and Refund Policy

The main commodity of the app are the audio books published by the company. The user can purchase audio books in digital format through the App and it will appear in his/her library section of the library. The purchased book can only be listened to through the App.

1. The currency for purchase of audio books in the app will be in Bangladeshi Taka (BDT) for Bangladeshi users and United States Dollar (USD) for all other countries of the world. The company has the sole right to fix the price of the book in BDT and in USD. The purchase can be made through Apple Pay, Google Pay or Microsoft Pay from anywhere in the world. For Bangladeshi users paying through local payment processors in Bangladesh as no Apple Pay is available. Users paying through Apple Pay, Google Pay or Microsoft Pay, the company will fix the applicable conversion rate between USD and BDT. 
2. For purchase of books in any country, users will pay the applicable conversion rate, commissions and other charges applicable by that country’s regulations. The company will not receive any extra amount from their mentioned prices in the App.
3. All payment for purchasing audiobooks from the app will be inside the App. The purchases will be made from the users’ account to the company’s bank account
4. Purchase of the audio book(s) form the App will only be paid in advance and the book(s) will appear in the user’s library in the App.
5. User will have the option to pre-fill his/her wallet before purchasing. Users will also have the option to present audiobooks as gifts to other users or a potential new user in terms of audio book or money. The receiver of the gift will have to acknowledge the gift digitally through the App before the book shows in his/her library or the money credited to his/her user wallet. In case the receiver is new to the App, the receiver of the gift must open an account using the same phone number/ email address where he/she receives the gift(s) to obtain the gift in his library or user account.
6. The user may receive money in their wallet due to product refund, promotional pay back by the company or gifted by other known users.
7. The company has the right to change the price of the products (higher or lower) without any notice to the users. However, the advance payment for a gift to another user, if kept pending by the gift receiver, will not be adjusted with the new price (escalated or deescalated) for the users.
8. All payments are made through bank transfers in a company account. Company will not receive any payment via cash.
9. Users may request a refund for any purchase of the audio book as long as the user did not start listening to the audio book. App keeps track of how long the audio book is listened to by the user with the real time progress update.
10. Users are not entitled to refund any amount paid for purchase of audio book, gifting money or books to other user(s), receiving money through company’s promotion or as gifts from other users, balance remain after purchase to any user if the user deliberately make or receive the payment(s) on his/her own choice. Any unused balance in his/her user wallet can only be used for in-app purchase. However, if the company seizes the App on its own wish, or company goes bankrupt, or company closes business, or company changes business, company is bound to give refund to the users the balance amount in user’s wallet paid to the company from the point of the closure of the App. In such cases mentioned in this clause, the company will make the refund within 60 days of discontinuation of the App.

 

1. Ratings Advice

We may allow you to provide ratings on our Service. When posting a rating, you must comply with the following : (1) you should have listened and understood the content being reviewed; (2) you should not be related or affiliated with our competitors; (3) you may not encourage others to post negative ratings.

 

We may accept, reject, or remove ratings at our sole discretion. Ratings are not endorsed by us, and do not represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any rating or for any claims, liabilities, or losses resulting from any rating. We have absolutely no obligation to delete ratings, even if anyone considers them objectionable or inaccurate. By posting a rating, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to ratings.

 

1. Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

 

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

1. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Kahinik and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Kahinik.

 

1. Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Kahinik.

 

Kahinik has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their services.

 

You acknowledge and agree that Kahinik shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

 

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

1. Advertisers

If you are an advertiser on this Service, you warrant that you have all rights to place the advertisements and you will take full responsibility for all advertisements that you place on the Service. 

 

1. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you wish to terminate your account, you may simply discontinue using the Service.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

1. Indemnification

You agree to defend, indemnify and hold harmless Kahinik and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

 

We reserve the right to assume the defense of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

 

1. Limitation Of Liability

In no event shall Kahinik, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Kahinik is neither responsible nor liable if your emotional, religious or any other beliefs and feelings get hurt by any of the content expressed in the Service. 

 

Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration between you and us individually. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. No arbitration service is designated; however, the arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. The prevailing party is entitled to reasonable attorney’s fees and costs. The location of arbitration will be in New York, USA. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. (we may need to mention Bangladesh Arbitration Act for Bangadeshi User)

 

If you find any link on our Service that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

 

We do not ensure that the information on this service is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the service remains available or that the material on the service is kept up to date.

 

1. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

The company or Kahinik (Kahinik LLC in USA and Kahinik Limited in Bangladesh), its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

We do not take responsibility and liability for any viruses, bugs, trojan horses, scams, or anything similar which may be transmitted to or through the Service by any third party. We reserve the right to take legal action against anyone who violates the Terms or law and can report such activities to law enforcement authorities.

 

1. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

1. Governing Law

These Terms shall be governed and construed in accordance with the laws of Oregon, United States for worldwide users except Bangladesh, and shall be governed by the laws of Bangladesh for Bangladeshi users without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

1. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. The last version` date of this T&C will always be mentioned on the top of this document.

 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

1. Privacy Policy and User Data

Please see the section Privacy Policy to read details of our privacy policies and user data collection. By agreeing to these Terms you agree and consent to our privacy policy stated in the mentioned section. 

1. Electronic Signature

You agree to receive electronic communications from us like email, notifications through the Service, visiting the Service. You agree that all agreements, notices, disclosures, and other communications provided to you via email and on the Service satisfy any legal requirement that such communication be in writing. 

Contact Us

If you have any questions about these Terms, please contact us at contact@kahinik.com