DEFINITIONS:-By this agreement, unless there is anything repugnant in the subject or context:-
The terms and conditions contained herein are the terms for BOOKWISE Website and Mobile Application wholly owned, operated and managed by APP FOR TRADING BOOKS LLP. The Services provided (“Selling”,“Buying” & “Pick & Deliver”) services of the books by the Firm is a technology based service which enables the selling and buying of books getting those delivered through delivery boys & other means (India Post) through the Website and/or Mobile Application for consideration by users for a point to point pick and drop service or for time and usage based service within city limits, through the internet and/or mobile telecommunications devices.
User(s) means any individual or business entity/organization defined as “users” that legally operates in India or in other countries uses and has the right to use the Services provided by the Firm. Our Services are available only to those individuals or companies who can form legally binding contracts under Section 11 of the Indian Contract Act, 1872. Therefore, the user(s) must be of the age of majority according to the law, which s/he is subject, and in sound mind and not disqualified from contracting by any law to which s/he is subject to be eligible to use our Services.
Use of the Website & Mobile Application facility is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website & Mobile Application. If you are a minor i.e. under the age of 18 years, you shall only register as a member of the Website & Mobile Application and shall use the services made available via Website, Mobile Application. As a minor if you wish to avail Our Services via Website and/or Mobile Application, your legal guardian or parents who have registered as users of the Website and/or Mobile Application may make the same. The Firm reserves the right to terminate Your membership and refuse to provide you with access to the Website and/or Mobile Application if it is brought to its notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
The Firm advises its users that while accessing the Website and/or Mobile Application, they must follow/abide by the related laws. The Firm is not responsible for the possible consequences caused by the user’s behavior during use of the Website and/or Mobile Application. The Firm reserves the rights to refuse the service to anyone at any time.
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the Firm’s Website and/or Mobile Application for any purpose. It also applies to any legal entity, which may be represented by a user under actual or apparent authority. User(s) may use this site solely for their personal or internal purposes.
This agreement applies to all Services offered on the website, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and/or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website and/or Mobile Application facility through logging in by your User ID and Password, including that of www.facebook.com, Website and applications owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media Website and applications as permitted on our Website and/or Mobile Application or generally using our Website and/or Mobile Application with or without using your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website and/or Mobile Application.
The Firm may change, modify, amend, or update this User Agreement at any time by posting a revised version of the Website and/or Mobile Application without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. The User is advised to regularly check for any amendments or updates to the Terms and Conditions contained in the User Agreement. In the event the modified Terms and Conditions are not acceptable you, the User, you should discontinue using the Service. However, if you continue to use the Service, you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions.
The following disclaimers by the Firm are the key to determine any relationship between you and the Firm for your use of the Website and/or Mobile Application and the Firm for providing any services through the Website and/or Mobile Application.
>The Firm and its affiliates and service providers provide the Website and/or Mobile Application on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website and/or Mobile Application is at your risk.
The Firm and its affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and/or Mobile Application or that the operation of the Website and/or Mobile Application will be error free and/or uninterrupted.
The Firm provides certain independent services to facilitate the transactions for users of the Website and/or Mobile Application and such independent services may include listing management, warehousing services, logistics services, making available courier services and making payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Firm will engage independent third party service providers to perform these services. The Firm may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Firm will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Companies and, in such an event, the total aggregate liability of the Firm shall be limited to the extent provided herein.
When You use the Website and/or Mobile Application or send emails or other data, information or communication to the Firm, You agree and understand that You are communicating with the Website and/or Mobile Application and the Firm and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website and/or Mobile Application, the Firm and all other Registered Users and Visitors and as and when posted, communicated or required.
The Registration Data and email ID or Your account details of the third party Website and/or Mobile Application through which You register with the Website and/or Mobile Application will be construed as Your 'designated electronic address' and the Firm, Website and/or Mobile Application, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice/electronic record.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Firm as provided from time to time in various hyperlinks on the Website and/or Mobile Application.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Firm is the sole owner or lawful licensee of all the rights to the Website and/or Mobile Application, including, without limitation, any and all rights, title and interest in and to copyright, related designs, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks layout, images, sound, video etc. The Website and Mobile Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with the Firm, its affiliates or licensor's of BOOKWISE content, as the case may be. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website and Mobile Application belonging to the Firm without obtaining authorization from the Firm.
All rights not otherwise claimed under this agreement or by the Firm are hereby reserved. The information contained in the Website and Mobile Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Firm reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Website and/or Mobile Application.Trademark
All related icons and logos are registered trademarks or trademarks or service marks of the Firm in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.Copyright
All content on this Website and Mobile Application is the copyright of the Firm except the third party content and link to third party web site on our Website and Mobile Application.
Systematic retrieval of the Firm content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from The Firm is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of the Firm's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. The Firm reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Firm service, or if the Firm believes that user(s) conduct is harmful to the interests of the Firm, its affiliates, or other users, or for any other reason in the Firm's sole discretion, with or without cause.
Certain items are banned or restricted for carriage on our services because of the restrictions imposed by Regulatory Requirements. Listed below are the various categories of Banned and Restricted Items:
• Any delivery which would be likely to cause damage, or delay to equipment or personnel
• Any shipment which may require the carrier to obtain a license for its transportation
• Any item whose carriage is prohibited by any law, statute or regulations of the city
Links to third party sites are provided by web site as a convenience to user(s) and the Firm does not have any control over such sites i.e. content and resources provided by them.
The Firm may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The Firm believes that user(s) acknowledge that the Firm has no control over such third party's site, does not monitor such sites, and the Firm shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site.
Most content and some of the features on the Website and/or Mobile Application facility are made available to visitors free of charge. However, the Firm reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. The Firm also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of the Firm and/or other visitors to the web site. The Firm reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
The Firm will not refund the amount paid for availing the services i.e. buying of books offered except in the fo"llowing circumstances:
It is pertinent here to mention that, if in any case the product is found to be of an inferior/poor/bad quality You are expected to inform us in our complaint section of the Website and/or Mobile Application immediately to make a request for a refund/replacement of the product. However the Firm shall determine the quality and if in any case the contents of the product are found to be readable, the User shall not be entitled for any refund/replacement.
The refunds will be remitted to your accounts/card/wallets within 10 days of authentication and verification.
You can request a refund on any product except perishable item on the above-mentioned accounts by dropping a message on the Firm website along with other details required. Refund will be initiated once the Firm is satisfied that the product is returned with original packaging and tags (if applicable). In case of any discrepancy with the Order, the User should hand over the package as it is and the bill will be instantly recalculated. However, the User may be allowed to return the product within 24hours of delivery in case of exceptional cases.
If you see charges on your credit/debit card for purchases made in the name of the Firm but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable the Firm to begin an investigation.
You shall be allowed to modify or cancel an order up to the cut-off time i.e. 6 hrs from the time of placing the order specified for every service.
There will no charges for cancelling or modifying the order within the cut-off time. Once the product has been picked up, we shall accept no cancellation requests and the User will be liable to pay for the said service.
That in the event that a non-delivery happens on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by the Firm for redelivery shall be claimed from you.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects of proper name, complete address information.
The Firm reserves the right to refuse or cancel orders without disclosing any reason.
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, the Firm reserves the right to cancel all past, pending and future orders without any liability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
All the reviews, feedback, comments, suggestions, ideas or other similar content posted by You on the Website and/or Mobile Application or otherwise communicated to us through other means would remain our property. Such disclosure, submission or offer of any comments shall constitute an assignment to the Firm of all worldwide rights, titles and interests in all copyrights and other intellectual properties with respect to such comments. Thus, the Firm would own all such rights, interests and titles of such content and shall be permitted to use the same for commercial use or any other use. We would also be entitled to reproduce, publish, modify or recreate such comments and feedback and no compensation shall be provided to You for the same. You also agree that the comments, feedback, suggestions and ideas posted by You on the Website and/or Mobile Application shall not be illegal, offensive, abusive, threatening or contain viruses or cause infringement of rights of others and in all such cases, you shall be solely responsible for the same.
We reserve the right to monitor, remove or edit as required, any comments, feedback & suggestions posted by you on the Website and/or Mobile Application.
Discounts will be applied to the total merchandise value Excluding GST and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied. Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
As per these Terms, Users are solely responsible for every material or content uploaded on to the Website and/or Mobile Application. The Firm does not review the contents in any way before they appear on the Website and/or Mobile Application. The Firm does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website and/or Mobile Application. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email@example.com].
The user(s) is/are responsible for paying all fees and taxes, including but not restricted to service tax, associated with the use of the Website and/or Mobile Application and the user agrees to bear any and all applicable taxes, charges, cess etc. levied thereon.
The following Terms & Conditions shall apply to customers utilizing the Services offered by the Firm:
The Firm welcomes your questions or comments regarding the Terms:
APP for Books Trading LLP
Corp Office – ....................................
Email Address: ....................................
Telephone number: ..................................
Effective as of ___________________