Terms and conditions | Kag Sahitya

Terms & Conditions

Kavi Shri Dula Kag Memorial Trust (Reg. No. E-402/Amreli)

Website: kagsahitya.org | Email: kagsahitya@gmail.com

Last updated: 09-09-2026

Please read these Terms & Conditions ("Terms") carefully before using this website or purchasing any product from it. By accessing this website (kagsahitya.org) or placing an order through it, you ("User," "Customer," "you") agree to be legally bound by these Terms. If you do not agree, please do not use this website or place an order.

1. About Us

This website is owned and operated by Kavi Shri Dula Kag Memorial Trust ("the Trust," "we," "us," "our"), a registered public charitable trust (Reg. No. E-402/Amreli), constituted to preserve and propagate the literary legacy of Kavi Dula Bhaya Kag. Proceeds from the sale of books on this website are applied towards the charitable objects of the Trust, subject to reasonable operating costs.

Registered/Contact address: DM-9/B Mangal Maruti, Near Water Tank, Kaliyabid, Bhavnagar - 364002.

Contact email: kagsahitya@gmail.com

2. Eligibility

By using this website, you confirm that you are at least 18 years of age, or are using the website under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf. The Trust reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion where it reasonably believes these Terms have been violated.

3. Products

3.1 This website sells physical/digital copies of literary works authored by Kavi Dula Bhaya Kag and related publications ("Products"), as listed on the website from time to time.

3.2 We make reasonable efforts to display Product descriptions, images, and prices accurately. However: (a) Product images are for illustrative/representational purposes only and actual products (cover design, binding, edition, print quality) may vary slightly; (b) We do not warrant that Product descriptions or other content on the website are accurate, complete, reliable, current, or error-free; (c) In the event of any typographical, pricing, or descriptive error, the Trust reserves the right to correct such error and to cancel or refuse any order arising from it, at its sole discretion, with a full refund of any amount paid for that order.

3.3 Availability of Products is not guaranteed and may change without notice. The Trust reserves the right to discontinue, withdraw, or limit the quantity of any Product at any time without liability.

4. Pricing and Payment

4.1 All prices are listed in Indian Rupees (INR) and are inclusive/exclusive of applicable taxes as indicated on the product page at the time of purchase.

4.2 Prices, shipping charges, and other fees are subject to change without prior notice. The price applicable to an order is the price displayed at the time the order is placed and payment is completed.

4.3 Payments are processed through third-party payment gateway(s) integrated with this website. The Trust does not store your card, net-banking, or UPI credentials; these are handled directly by the respective payment gateway/processor in accordance with their own terms and security standards. The Trust is not responsible for any failure, delay, error, or security lapse on the part of the payment gateway or your bank/financial institution.

4.4 An order is confirmed only upon successful receipt of payment and issuance of an order confirmation by the Trust. The Trust reserves the right to cancel any order, including after payment, in cases of suspected fraud, payment discrepancy, unauthorised or duplicate transactions, or unavailability of stock, in which case any amount paid will be refunded.

5. Orders, Shipping & Delivery

5.1 Orders are processed and dispatched within [3] business days of order confirmation, subject to Product availability.

5.2 Estimated delivery timelines communicated on the website or at checkout are indicative only. The Trust is not liable for delays caused by courier/postal service providers, incorrect or incomplete address details provided by the customer, force majeure events (see Clause 9), or circumstances beyond its reasonable control.

5.3 Risk in the Products passes to the customer upon handover to the courier/postal service for delivery. Title to the Products passes upon full receipt of payment.

5.4 It is the customer's responsibility to provide accurate shipping information. The Trust is not responsible for non-delivery or misdelivery resulting from incorrect address or contact details supplied by the customer, and no refund will be issued in such cases unless the Product is returned to the Trust undelivered, subject to Clause 6.

5.5 The Trust may, at its discretion, use third-party courier/logistics partners for delivery and is not liable for any act, omission, negligence, loss, or damage caused by such third parties, beyond assisting the customer in pursuing a claim with the said partner where reasonably possible.

6. Damaged, Defective or Incorrect Products

If a Product is received damaged, defective, or materially different from what was ordered, the customer must notify the Trust at kagsahitya@gmail.com within [3–7] days of delivery, with photographic evidence of the packaging and Product. Valid claims will be resolved through replacement or refund at the Trust's sole discretion, in accordance with the Refund Policy. This is the customer's sole and exclusive remedy for such issues.

7. Intellectual Property

7.1 All content on this website — including but not limited to text, literary works, translations, commentary, images, logos, the "KagSahitya" name and mark, and website design — is the intellectual property of the Trust and/or the estate/legal successors of Kavi Dula Bhaya Kag, and is protected under applicable Indian copyright and trademark laws, except where a specific work is in the public domain.

7.2 Purchase of a physical or digital book grants the customer a personal, non-transferable, non-exclusive licence to use that copy for personal reading/reference only. No right is granted to reproduce, republish, distribute, publicly perform, adapt, translate, digitise, or commercially exploit the content, in whole or in part, without the Trust's prior written consent.

7.3 Any unauthorised use of the Trust's intellectual property may result in legal action.

8. User Conduct

You agree not to: (a) use the website for any unlawful purpose; (b) attempt to gain unauthorised access to the website, its servers, or any connected systems; (c) upload or transmit viruses or malicious code; (d) misuse, scrape, or copy website content for commercial purposes without consent; (e) engage in fraudulent transactions or provide false information at checkout.

9. Force Majeure

The Trust shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, epidemic/pandemic, strikes, riots, war, government action, courier/postal disruptions, internet or payment gateway outages, or other force majeure events.

10. Limitation of Liability

10.1 To the maximum extent permitted by applicable law, the Trust's total aggregate liability arising out of or in connection with any order or use of this website, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount actually paid by the customer for the specific Product giving rise to the claim.

10.2 The Trust shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profit, loss of data, or loss of goodwill, arising from the use of this website or any Product purchased through it.

10.3 The website and all Products/content are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, except as expressly stated in these Terms or as required by applicable law.

10.4 Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable Indian law (including the Consumer Protection Act, 2019, where mandatorily applicable).

11. Indemnity

You agree to indemnify and hold harmless the Trust, its trustees, officers, employees, and volunteers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, misuse of the website, or violation of any law or third-party right.

12. Third-Party Links and Services

This website may contain links to or integrations with third-party services (e.g., payment gateways, courier tracking, social media). The Trust does not control and is not responsible for the content, policies, or practices of any third-party service. Use of such services is at your own risk and subject to their respective terms.

13. Changes to These Terms

The Trust reserves the right to amend or update these Terms at any time without prior notice. The revised Terms will be posted on this page with an updated "Last updated" date and will apply prospectively to orders placed after such update. Continued use of the website after changes constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Subject to the customer's statutory rights under consumer protection law, any dispute arising out of or in connection with these Terms or use of this website shall be subject to the exclusive jurisdiction of the competent courts at [Bhavnagar/Amreli], Gujarat, India.