KaiReader Terms & Conditions
For your convenience, all of our User/Author/Self-Publisher applicable Terms & Conditions/Agreements are available on this page. Click on a title to expand/collapse the documents.
Last updated October 1, 2014
Welcome to KaiReader, the self-service & self-publishing digital Magazine and Book store!
Access to, browsing and use of the KaiReader website, Internet services and mobile device apps ("App") are subject to the following Terms and Conditions ("Terms"). Please read these Terms carefully. Creating an account with KaiReader ("we", "us") or otherwise using any KaiReader or KaiReader related service or App will signify that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms and Conditions constitute a binding agreement between you and Kaireader. If you do not agree to these Terms, you may not use the Service. THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE LIABILITY OF KaiReader, SO PLEASE READ THESE TERMS IN THEIR ENTIRETY. KaiReader reserves the right to immediately terminate your access to the website, if you do not comply with this agreement. The KaiReader website, Internet services and mobile device apps collectively constitute the "Service". This Service is owned and operated by Kai Arts & Music. The Service includes the website www.kaireader.com and the App that provides you the capability to order and receive the delivery of various digital books, magazines and magazine and publication related content (collectively known as "Publications") and to have these digital versions of the Publications delivered to you.
- Certain portions of the Service are available only to individuals who have registered with and obtained a password from KaiReader. By registering with KaiReader, you certify that you are at least 18 years of age. While registering with KaiReader, you should provide true and accurate data which includes that of your geographical location, personal details, billing information, etc. The accountability for maintaining and updating this data lies solely with you. KaiReader reserves the right for terminating the account for untrue or inaccurate data at any time if found or proved. The responsibility for maintaining the confidentiality of the password and the account information rests entirely with you. You agree to immediately notify KaiReader of any unauthorized use of your password or account or any other breach of security.
- You will maintain and promptly update that information to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, including the selection and use of all content and services.
- Without prior written or authorised permission from KaiReader, you should not modify, copy, distribute or sell any content obtained from KaiReader as everything published here is the proprietary property of KaiReader or its licensors. As such unauthorised use may also violate applicable laws including copyright and trademark laws, KaiReader strictly prohibits these and will terminate your access and account if any such illegal activity is proved or detected. You should also stand liable for the damages caused by these unauthorised activities. Except as permitted by the Publication's lawful owner, you acknowledge that you do not acquire any ownership rights by downloading Publications accessed through the Service. Except as explicitly required under copyright law or permitted by the features of the Service you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party the content of the App, the Publications, or any portion of them without the express permission of KaiReader and the owner of such content. We do not grant you any licenses, express or implied, to the intellectual property of KaiReader or KaiReader's licensors
- KaiReader reserves the right to refuse service, terminate accounts, or cancel orders at any time in its sole discretion, including, without limitation, based upon any activity by a subscriber in violation of these Terms or applicable law.
- You agree not to misrepresent geographical locations, use proxies, use IP spoofing or by any other means to hide the origin of any message you send or purchase you make through the service. You agree not to pretend as any other individual or identity.
- The Service is controlled, operated and administered by KaiReader from its offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws that apply to you. You agree that you will not use the Service or any Publications accessed through the Service in any country or in any manner prohibited by Australian or any applicable laws, restrictions or regulations.
- KaiReader reserves all rights to monitor the content published and inputted by you for the purpose of determining whether you are compliant with these terms and conditions and other operating rules determined by KaiReader. KaiReader has the right to make decisions about the content and delete them at its own will.
- KaiReader is a distributor and NOT a publisher of the Publications and so KaiReader has no editorial control over the content, including opinions, advice, statements, services, offers etc., that is represented in the magazines. So KaiReader will not take responsibility for the accuracy or the reliability for any information or facts provided therein or that is made available through the service, by anyone other than authorised KaiReader employees who are acting on their official capacities. Accordingly, we have no editorial control over the Publications. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in Publications offered by the Service, are those of the respective author(s) or publisher(s) and not of KaiReader. KaiReader will not be liable for any loss or damage caused by your reliance on information obtained through the Service or from the Publications. The Service may contain links to other Internet sites and third-party resources and KaiReader does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order through a third-party site.
- KaiReader reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that KaiReader shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- THE SERVICE AND ALL PUBLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KAIREADER, ITS AFFILIATES, SUPPLIERS, LICENSORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER KAIREADER NOR ITS AFFILIATES, SUPPLIERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THAT MAY BE CONTAINED IN THE PUBLICATIONS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PUBLICATIONS OR THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY AND YOUR DEVICE. KAIREADER IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KAIREADER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KAIREADER NOR ITS AFFILIATES, SUPPLIERS LICENSORS, OR AGENTS SHALL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF KAIREADER FOR CLAIMS ARISING FROM YOUR USE OF THE SERVICE OR PUBLICATIONS OR OTHERWISE SHALL BE LIMITED TO THE FEES PAID BY YOU TO KAIREADER FOR THE PORTION OF THE SERVICE OR PUBLICATION GIVING RISE TO THE CLAIM. You agree to defend KaiReader, its employees and its affiliates from all claims, demands, actions, damages, costs and liabilities arising out of your use or misuse of the Service.
- All sales related taxes will be paid by the user as per the taxation norms that may change from time to time based on location of the user. All pricing and tax on the Apple iTunes App will be governed by Apple's iTunes Terms and Conditions.
- Your satisfaction is very important to us. However all sales are final upon receipt of the product and no refunds in full or in part will be issued to you except in the case of stolen credit cards when we are informed by the bank of fraudulent purchases.
- "KaiReader", "KaiReader.com" and all other related words and domain names are the trademarks and the property of KaiReader. All other trademarks, logos, company names etc., are the property of their respective owners.
- When purchasing an EBook the content is LICENSED NOT SOLD to you. This license grants you the non-exclusive right to display, view and read the EBook or other content for personal, non-commercial use via the KaiReader Applications or Web interface. You may not copy, paste or print the EBook in whole or part nor remove copyright or other legal notices and labels nor modify, edit, adapt or create derivative works based on, or otherwise alter, the EBooks in whole or part. You may not sell, rent, lease or re-distribute the content.
- Where DRM is applied to an EBook you are prohibited from attempting to circumvent those technical restrictions
- From time to time EBooks may become unavailable for re-delivery indefinitely due to legal [or other] reasons.
- Once a purchase has been downloaded to your device (this includes opening to read using the in-browser reader) you have committed to the purchase and refund is no longer available. If you do not download/access your purchase within 14 days, the book is removed from your library and payment is refunded.
KaiReader provides multiple platforms for you to purchase and download digital content (ebooks and other digital material). By using any KaiReader platforms, you are permitted to:
- (i) download the purchased EBooks to and hold a permanent copy of those EBooks on their applicable E-Reader Devices (via KaiReader mobile apps) (the "Download Model"); and/or
- (ii) access the purchased EBooks within a restricted area of the KaiReader website using (which may include a download copy for offline reading) an applicable user interface or E-reader Device (the "Access Model").
- In general, once a purchase has been downloaded, the sale is considered final and cannot be refunded (except for where the purchase has not been downloaded within 14 days of purchase) except in cases of stolen credit cards. Any other forms of refunds can only be effected at the sole discretion of KaiReader.
These Terms and Conditions and the other rules, guidelines, licenses and disclaimers posted on the Service (on the KaiReader website or KaiReader Apps constitute the entire agreement between Kaireader and you with respect to your use of the Service and supersede all previous written or oral agreements between us with respect to the subject matter hereof. These Terms shall be governed by the statutes and laws of the State of Western Australia.
From time to time, KaiReader may revise these Terms and Conditions to keep them up to date with KaiReader products and services. Please refer to the KaiReader website and KaiReader Apps periodically for any changes. The update date first written above is used to alert you to recent modifications. Your access or use of the Service subsequent to such an update will signify your assent to be bound by such changes.
If you have any questions regarding our terms and conditions, please email us
For authors/publishers who supply pre-prepared EPUB/PDF documents
Last updated November 12, 2014
PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME (“Terms”),
ARE A BINDING AGREEMENT (“Agreement”) BETWEEN YOU (“End Users”, “Authors”, "Author Agents", and “Publishers” as defined below)
By using the service available at www.kaireader.com and affiliated domains and applications (the “Platform”), You agree to the terms governing the applications, features and functionality available on or through the KaiReader Platform (The “Service”). If you do not agree with these terms, do not use the service.
The following describes how users of the Platform who review or purchase downloadable digital publications (“End Users”) can download material and how they may review or use that work by the person or entity who posted the work (the “Author” or “Publisher”). For the sake of simplicity, this Terms of Service may use the term Author and Publisher interchangeably. The term “Author’s Agent” refers to the Author’s duly authorized representative, who is fully authorized and empowered to act on behalf of the Author in all matters described in this Agreement, and who may be authorized to collect and receive directly the monies otherwise payable to Author (or “Publisher”).The following also describes the rights and responsibilities of the Author and KaiReader. Any user of this Platform who downloads, reads or previews any Work on the Platform is referred to as an “End User.”
The Grant and the Territory
The Author hereby grants and assigns to KaiReader the nonexclusive worldwide right to digitally distribute, market and sell (“Distribute”)
the work identified on the front page of your submission (the “Work”). Since the terms of agreement with KaiReader, herein,
is non-exclusive, the Author or Publisher is free to publish, license, market and sell their work elsewhere so long as the Author or
Publisher is not violating someone else’s agreement or violating any laws.
KaiReader will generally distribute any such submissions which do not violate, or which do not appear to violate the agreement.
- Generally, KaiReader will distribute the Author’s Work as it is delivered to us, and not edit or modify the Work. Certain cosmetic modifications may occur due to User Interface peculiarities. KaiReader does not guarantee accurate preservation of the original Work’s formatting.
- KaiReader may decide not to distribute Author’s Work or may decide to discontinue its distribution of Author’s work for any reason and for no reason, and no reason need be provided. Except in the cases of gross violations of this Terms of Service, KaiReader will make every attempt to provide reasonable notice to the Author via email, up to and including providing instructions on how to remedy potential issues that might prevent KaiReader from listing a title.
- KaiReader may distribute the Work until the Author of the Work decides to remove the work from the KaiReader platform. The author may notify KaiReader in writing to remove the Work. After that notice, KaiReader will remove the work from the platform within five business days. KaiReader will do its best to assist authors and publishers who wish to have their works removed, and to ensure authors/publishers who terminate their KaiReader accounts receive full payment for sales that may occur after account termination. You may contact KaiReader if you want your account deleted and/or your publications removed.
- KaiReader takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be infringed. Generally, upon receipt of a written notice from a party infringed or defamed by Author’s material (or someone purporting to be his agent, publisher, attorney in fact or assign), KaiReader will remove the Author’s Work from sale until such a time as the claim has been deemed invalid and reserves the right to remove any and all information about the Author, the Author’s Work or the publisher from the Platform.
- If an Author or copyright holder learns that a third party is violating Author’s copyright or pirating or illegally distributing a KaiReader-distributed work, the Author shall inform KaiReader; however, it is the Author’s responsibility to seek relief from the offending parties. If that work is distributed on KaiReader, KaiReader will remove it per section 3a above.
- It is Author’s responsibility to secure permissions to the Work prior to the time Author submits such work if any material from the work belongs to, or has been licensed to, someone else.
CopyrightThe copyright in the Work shall belong to the Author or the party that Author cites as the copyright holder. Author shall be solely responsible for filing its copyrights and any other intellectual property with the appropriate governmental body. It is the Author’s responsibility to place a copyright notice on the copyright page or some other prominent place in the Work.
Format of SubmissionsThe author shall submit work in valid EPUB or PDF format. KaiReader cannot guarantee that a work shall be made available on the platform if the files are not in the required format.
Royalies and Payments
Royalty Rates. KaiReader agrees to pay the Author or Publisher (whomever uploaded the content) 70% of net proceeds
received by sale or licensing of your work (“Customer Price”). “Net proceeds” shall mean sales price paid and received less
payment processing fees, affiliate fees, retailer discounts, costs due to erroneous or fraudulent transactions, credit card
charge-backs and associated fees.
Minimum Customer price of non-free books is USD $0.50.
- Crawlable or Other Searchable Rights. KaiReader shall have the right to drive traffic to the Author’s Work on the KaiReader Platform through (a) general Search Engine Optimization services and/or (b) crawlable, promotional hypertext
- Other Subsidiary Rights. Other than stated above, KaiReader, in its current version, shall only distribute electronic versions of the Work, and keeps no other subsidiary rights to the Work including hardcover or paperback editions, audio editions, multimedia editions, theatrical editions, first and second serial rights or media rights other than the electronic version distributed on our Platform. Therefore, if a publisher will allow you to keep electronic rights to the Work, you may continue to distribute the Work electronically while publishing a printed version of the Work with a print publisher.
- Royalty Rates. KaiReader agrees to pay the Author or Publisher (whomever uploaded the content) 70% of net proceeds received by sale or licensing of your work (“Customer Price”). “Net proceeds” shall mean sales price paid and received less payment processing fees, affiliate fees, retailer discounts, costs due to erroneous or fraudulent transactions, credit card charge-backs and associated fees.
Author-Controlled Terms.The Platform allows Authors to control pricing and most metadata.
Statements and Payments of Author Royalties:
- KaiReader pays author (or Author's Agent) earnings on a monthly basis. By the 21st day of each calendar month, starting with the second month that the publications are available for sale on the Sales Platforms, KaiReader will send to the author a Monthly Statement in respect of that previous calendar month.
- Payments will be made to a Paypal account specified by the author (or Author’s Agent) when earnings reach a minimum of $20 USD.
- If KaiReader overpays earnings, such as in cases when fraudulent or unauthorized purchases are charged back to KaiReader after earnings payments are made, then KaiReader will deduct the funds owed from the author’s, agent’s, or publisher’s aggregate accrued earnings. If the amount owed exceeds the author’s, agent’s, or publisher’s aggregate accrued earnings, the author (or agent) agrees to remit a payment back to KaiReader within 30 days of notification to adjust the overpayment.
Author's Warranties.The warranties and representations contained in this Agreement extend to Author and its licensees and successors and assigns. By uploading content to KaiReader, you agree that any violation of the warranties below may result in immediate deletion of your account and the forfeiture of accrued earnings.
By submitting Your Work to KaiReader for publication, You, the Author or the Author you represent (if you are an Agent or
Publisher), author’s Publisher or Agent or Distributor, warrant and represent that the work is complete and the author:
- is the only author of the work;
- is the sole owner of the rights herein granted;
- has not assigned, pledged, or encumbered such rights or have not entered into any agreement which would conflict with the rights granted to KaiReader herein; and agrees not to do any of the aforementioned without first removing the work from the KaiReader platform.
- has full right, power, and authority to enter into this Agreement and to grant the rights granted herein.
You further warrant that the work contains no materials which:
- violate any right of privacy which is libellous or violate any personal right or other right of any kind of any person or entity (this includes publishing a person's private email address without their permission;
- would violate any of Your contracts or would disclose any information given to You on the understanding that it would not be published or disclosed;
- plagiarize or pirate any other work or infringe upon any copyright, trademark or other proprietary right;
- Are injurious to End-Users or others including but not limited to recipes, formulae or instructions
- violate state and federal laws.
- makes false, misleading or inaccurate claims or promises in the publication or publication description.
- if your publication/s contain erotica content, neither the cover nor the interior may contain graphic images of nudity (either photographic or illustrated) or persons involved in sex acts, and does not include children or underage minors engaged in sexual acts or situations, witnessing such situations, considering sexual acts, or thinking about sexual acts. Fine art books of a non-erotic nature that contain nudity may be accepted on a case by case basis at the sole discretion of KaiReader and/or its retail partners
- is not the same publication you previously distributed through the KaiReader platform, then resubmitted as a new publication for the sole purpose of having it appear as a new publication again. You may update publications through the appropriate interface or by contacting KaiReader.
- does not contain or comprise machine-generated language translations (all translated publications must be human-translated and edited, not translated by language translation software such as Google Translate).
You Further warrant the publication represents a complete work:
- this is not an unfinished work-in-progress;
- the work is complete and self-contained, and does not try to upsell the user to purchase, or register for, access to information that should have been contained in the publication;
- uploaded e-Books represent a complete story with a beginning, middle and end. Exception: Serials are allowed. Each serial cover image should be different, even if the only difference is a notation on the cover image about the serial's position or episode number in the series. To avoid customer confusion, we recommend it should be clearly identified as a serial in the book.
- You warrant that the metadata for the publication is accurate and true, with every effort made to apply the most appropriate category/genre to a publication. Blatant disregard of this condition, for example, would include listing a publication as belonging to all categories/genres.
- By submitting Your Work to KaiReader for publication, You, the Author or the Author you represent (if you are an Agent or Publisher), author’s Publisher or Agent or Distributor, warrant and represent that the work is complete and the author:
End Users.“End-Users” include authors, publishers and customers. Customers are those who pay whichever fee is set by the Author to purchase or download a Work. Customers are allowed to use each copy of the Work for their personal enjoyment in any reasonable non-commercial manner in compliance with copyright law and pursuant to this Agreement.
Rights of Use.
- i. Purchased works: As End User, you acknowledge that all Work furnished by KaiReader is licensed for the use of the End Users of the Platform and may not be sublicensed or resold. If you purchase a work, you hold a non-exclusive, non-transferable, and non-distributable right of use. In other words, you are free to enjoy it for your own use, but you are not authorized to share, sell, or distribute the work to others.
- ii. Free works including sample works: Free works and sample works distributed on the KaiReader platform are the copyrighted material of the author or publisher, and therefore are not authorized for redistribution without prior written consent from KaiReader. Third parties are not authorized to download, host and otherwise redistribute KaiReader publications without prior written agreement from KaiReader. Directory services and affiliate marketers may reproduce the metadata information found on each publications detail page (cover image, description, price, etc.) provided hyperlinks direct visitors to the KaiReader detail page, and provided users are not charged for access to these listings, and are not required to register their personal information to gain access to these listings.
- Fees and Services. By using the Platform the End User customer is agreeing to pay the fees as presented by KaiReader and set by the Author or Publisher at the time of purchase. The Author sets the price for their individual Works. End User will have an opportunity to review and accept the fees for the purchase the Author is requesting prior to payment. All purchases are final and non-refundable. The Platform may change pricing policies and fees for services we provide at any time from time to time and changes shall be effective immediately. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Platform.
- Rights of Use.
Ownership.You acknowledge and agree that the KaiReader Platform and Service are proprietary to KaiReader and that the Work is proprietary to the Author; that none are proprietary to End User.
Termination.Either party may terminate this Agreement at any time without notice. Registered KaiReaders members may cancel their membership at any time, and authors distributing e-publications may remove their listings at any time. However, purchased publications will not be removed from customers' accounts.
- General. You (Author or End User) will indemnify and hold KaiReader and its licensees, successors and assigns, and its and their distributors, customers, officers, directors, members, employees and agents, harmless against any expense (including, but not limited to, reasonable attorneys’ fees and disbursements) or judgment, settlement or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by You in this Agreement.
- Notice of Claim. Upon receiving notice of any claim, demand, action or suit or other legal proceeding alleging facts inconsistent with or contrary to any of the warranties or representations contained in this agreement, KaiReader shall have the right to withhold any sums payable to the Author in reasonable amounts as security for the payment of the Author’s potential obligations pursuant to the indemnity contained in this paragraph 13. It is intended that the right granted by this subparagraph 13b shall not be unreasonably or frivolously exercised by the KaiReader.
Security. KaiReader shall use physical, administrative, organizational and technical measures to protect the security of
all publications and any other materials provided by the Supplier pursuant to this Agreement and all User Information in their possession
- Authors (or Author’s Agents) can select whether to apply DRM protection to a publication when inputting it to the system. If DRM is applied, the purchased publication is linked to the End Users account details and checked each time the publication is accessed.
- DRM protected publications can be downloaded on up to 10 devices linked to the End User account.
- Content of DRM Protected publications are protected from being Copy/Pasted.
- Events Voiding Warranty. KaiReader does not warrant the (a) defects caused by failure to provide a suitable installation environment for the Product, (b) damage caused by disasters such as acts of God, wars, riots, strikes, terrorism, governmental restrictions, fire, flood, wind, and lightening, (c) damage caused by unauthorized attachments, modifications or mis-configurations to the Kaireader Environment, or (e) any other abuse or misuse by Author or the End-Users. Any breach of the End-User License Agreement by or on behalf of an End-User, including, without limitation, unauthorized modification or distribution of the Product or any portion thereof, will void any and all warranties.
- WARRANTY DISCLAIMER. All Works and the Service is provided to End Users “AS IS” and “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE SELECTION AND USE OF THE KAIREADER SERVICE OR ANY MODIFICATIONS THERETO OR THE WORK IS WITH AUTHOR AND END-USERS. KAIREADER DOES NOT WARRANT THAT THE PRODUCT OR MODIFICATIONS WILL MEET THE REQUIREMENTS OF END-USERS. TO THE EXTENT THAT KAIREADER MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
- LIMITATION ON DAMAGES. IN NO CASE SHALL KAIREADER BE LIABLE TO AUTHOR OR END-USERS, OR ANY OTHER THIRD PARTY, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN NO CASE SHALL KAIREADER BE LIABLE FOR ERRORS OF ANY KIND THAT RESULT IN SHIPMENT OR AVAILABILITY DELAYS, MISPRICINGS, OR INACCURATE OR INCOMPLETE PRODUCT LISTINGS. It is the Author/Publisher's responsibility to monitor retailer listings and report errors to KaiReader, in which case KaiReader on a best efforts basis will strive to work with the retailer to correct the error. In the event that KaiReader is found liable for any damages, for any reason whatsoever, Author hereby expressly agrees that, in no event will KaiReaders’ liability to Author exceed the amounts collected by KaiReader for the Author's publication in question.
- Security. KaiReader shall use physical, administrative, organizational and technical measures to protect the security of all publications and any other materials provided by the Supplier pursuant to this Agreement and all User Information in their possession or control.
- Entire Agreement. This Agreement is the entire agreement between the parties concerning the subject matter hereof.
- Governing Law; Severability. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Western Australia. If any portion of this Agreement is held invalid, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.
- No Agency. No agency, partnership, joint venture or other joint relationship is created hereby.
- Legal Action. Venue for all purposes hereunder shall be in Perth, Western Australia, and the parties hereto hereby consent to such jurisdiction and venue. If any action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement is brought against any party hereto, the prevailing party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing party may be entitled).
- Acknowledgement. By using the Service you acknowledge that you have read this Agreement, understand it and will be bound by its terms and conditions.
- The KaiReader platform consists of the KaiReader Website and Mobile Applications.
Thank you for reading. Your comments and feedback are welcome.