Xania Author TnCs
Last updated: January 20, 2024
This is an Agreement between you and Goelway Limited, a Limited Liability Company duly registered under the laws of Kenya being registration number PVT-V7UYX36B (hereinafter referred to as “Goelway” which expression shall where the context so admits include its affiliates, assigns and successors in title). And whereas Goelway is the proprietor of the Xania digital platform (hereinafter referred to as “Xania”), a self-publishing platform for authors and a print on demand platform for readers. And whereas by use of the Xania digital platform, you expressly consent to be bound by this Terms and Conditions which shall govern the relationship between you and Xania. And whereas the Goelway.com Privacy Notice (on website), the Goelway.com Conditions of Use (on the website), and the other applicable rules, policies, and terms posted on the Goelway.com website or provided with any Service shall be construed as part of these self- publishing terms of use and interpreted as such (collectively, this "Agreement"). If you do not accept the terms of this Agreement, then you may not use the Xania, or any content therein.
1. Registration as a User
To use Xania, ensure that you accept these terms and conditions of use and thereafter create an account in order to access all the features of the platform, being keen to provide the correct details.
2. Content Submission
2.1 Users shall retain the intellectual property rights including copyright and trademarks to their submitted content, unless otherwise agreed and expressed in writing.
2.2 By submitting content, users grant the Xania a non-exclusive, worldwide, royalty-free license to use, distribute, and display the content.
2.3 Xania will safely save all manuscripts uploaded by users during the publishing process and ensure no access is granted to unauthorized users, as commitment to protect the author’s copyright. Any person caught by Xania having unauthorized access to such content shall be liable to prosecution in a court of law and shall be compelled as deemed possible to compensate both Xania and the author(s) whose content they have infringed the damages that will be due as well as face any other criminal/ civil or other forms of legal consequences as shall be deemed fit by the attorneys and the court of law. Uploaded manuscripts are to be used only for permitted printing, and delivery and associated royalties must be remitted to associated authors.
2.4 Upon upload of compliant manuscripts, Xania will begin the marketing process, print on demand and orders that are made and arrange for delivery to the buyer, or avail the eversion to the reader in a manner that uphold utmost security using sophisticated features that will prevent screenshotting or downloading such eversions.
3. Prohibited Content
Xania respects intellectual property rights, privacy and dignity of individuals and other entities and in view of this, its users shall not submit content and manuscripts that violate copyright, trademark, or any other intellectual property rights; or content that is illegal, offensive, or harmful and more specifically as outlined below:
3.1 Users shall not use copyrighted material in their work without obtaining permission from the owners.
3.2 Manuscripts to be published on Xania shall not contain material that is harmful to the reputation of another person or entity.
3.3 Content that violates a person’s privacy or discloses confidential information of another person without their consent or other lawful basis is expressly prohibited on Xania.
3.4 Users shall not publish content that infringes on trademarks by using trademarks that are confusingly similar to registered trademarks without the consent of the registered owners.
3.5 Content that promotes pornography, nudity in a non-medical manner, child exploitation, racism, ethnicism and similar content.
4. Indemnity
As a User, you are entirely responsible for the content that you publish on Xania and you expressly agree to indemnify and exclude Xania, its contractors, employees and affiliates from any and all liability that arises from your breach of Clause 3 above, and Xania shall not be held liable nor be a party to any legal proceedings arising therefrom.
5. Xania’s Rights and Responsibilities
Xania reserves the right to modify or discontinue services at any time and is not responsible for the content of the manuscripts but may moderate and remove manuscripts that violates these terms or any of Xania’s policies.
6. Payment and Revenue Sharing
Xania will provide authors with a percentage of revenue for sales as set out below:
6.1 As regards print copies, the author shall be entitled to 70% and Xania shall be entitled to 30% of the net revenue generated upon deducting the printing costs from the selling price.
6.2 With respect to ebooks and audiobooks, the author shall be entitled to 65% of the selling price and Xania shall be entitled to 35% of the selling price.
6.3 Authors can withdraw their royalties from their author account at any time using the provided means of payment including mobile payment on M-pesa. In case of delays due to the payment service provider related issues, affected users of Xania are advised to wait for official communication.7. Confidentiality and Data Protection
7.1 Any information pertaining to Xania’s business, operations and other users that the user is exposed to as a result of the relationship contemplated by these Terms shall be considered to be confidential information. No user may disclose any confidential information to any person or entity, without the express written consent of Xania.
7.2 Xania has in place the requisite technical and organizational measures to ensure compliance of the platform with the Data Protection Act, 2019.
7.3 Xania is committed to protection of your data and is guided by its Privacy Policy.
7.4 Xania has implemented measures to ensure the security of User data on its Platform.
8. Privacy Policy
Xania collects and processes user data as outlined in the Privacy Policy. Please ensure that you review the Privacy Policy on the website to understand how your information is collected and used.
9. Termination of User Accounts
Xania reserves the right to terminate or suspend your accounts in the event that you violate any of these terms. A User may terminate their account at any time.
10. Dispute Resolution
Disputes arising from the use of the Xania shall be resolved through negotiation in the first instance, and in the unlikely event that negotiation fails, the dispute shall be referred to Arbitration, with the aid of a sole arbitrator to be agreed upon between the parties, failing which either Xania or the User shall be at liberty to request the Chairperson of the Chartered Institute of Arbitrators (Kenya Branch), to appoint an arbitrator. The award of the arbitration shall be final and binding on the parties.
11. Governing Law
Xania’s terms and conditions of use shall be governed by and construed in accordance with the laws of the Republic of Kenya as at the time that you agree to these Terms and Conditions and as may be amended from time to time during your interaction with Xania.
12. Amendment
Xania reserves the right to update or modify these terms of use at any time, with requisite notice to registered users.
Contact Information. For help with Xania related issues please contact customer service desk at https://www.goelway.com/contact-us/ (or by email at xania_support@goelway.com).