- Introduction. This document sets forth the terms and
conditions ("Terms and Conditions") governing your use of the Kumar
Pustak Mall Private Limited ("Pustak") web site located at
[http://www.pustak.co.in] ("Web Site") and the information and
services made available on and through the Web Site. Please read this
page carefully. The Terms and Conditions, when agreed to by you, will
form a binding agreement between you ("the customer") and Pustak.
- Acceptance of Terms and Conditions of Use. Your use
of the Web Site indicates your acceptance of these Terms and
Conditions. If you do not accept these Terms and Conditions, you may
not use the Web Site. From time to time these Terms and Conditions
may be revised by updating this document and posting it on the Web
Site. It is your obligation to review these Terms and Conditions from
time to time. Your continued use of the Web Site will constitute your
agreement to the most current version of these Terms and Conditions.
If at any time you do not agree to these Terms and Conditions, you
must cease your use of this Web Site.
- Termination of Access. The use of this Web Site and
its services is a privilege. Pustak reserves the right to suspend
your use of this Web Site for any reason at any time, in its sole
discretion. Questions concerning the use of the Web Site and its
services should be directed to customercare@pustak.co.in.
- Definitions. For the purposes of this Agreement, the
following definitions apply:
- "Content" includes all Text, Graphics, Design and
Programming used on the Web Site.
- "Text" includes all text on every page of the Web Site,
whether editorial, navigational, or instructional.
- ."Graphics" includes all logos, buttons, and other
graphical elements on the Web Site, with the exception of paid
advertising banners.
- "Design" includes the color combinations and the page
layout of the Web Site.
- "Programming" includes both client-side code (including but
not limited to HTML, JavaScript, etc.) and server-side code
(including but not limited to Active Server Pages, VBScript,
databases, etc.) used on the Web Site.
- "User" refers to any individual who uses any aspect of the
Web Site or its services.
- "You" refers to the person accessing the Web Site and
agreeing to these Terms and Conditions.
- Intellectual Property Rights. All Content on the Web
Site is the sole property of Pustak or their respective owners, as
indicated, and is protected by Indian Copyright Law and Indian
Trademarks Law. Pustak authorizes you to view and download a single
copy of the Content on the Web Site solely for your personal,
noncommercial use. You may not reproduce, modify, display, sell, or
distribute the Content, or use it in any other way for public or
commercial purpose. The foregoing limitations include, but are not
limited to, copying or adapting the HTML code used to generate Web
pages on the Web Site, as well as any Graphics.
The "look" and "feel" of the Web Site
(including color combinations, button shapes, layout, design and all
other graphical elements) are also protected by Indian Copyright Law
and Indian Trademarks Law. All product names, names of services,
trademarks and service marks ("Marks") are the property of Pustak or
the property of their respective owners, as indicated. You may not
use the Marks for any purpose whatsoever other than as permitted by
these Terms and Conditions.
- Acceptable Use of the Web Site. The Web Site and its
services are intended to facilitate the offering for sale of books
and products of third parties. The Web Site may be used in a manner
consistent with this purpose, and only within the context of the
products, services and information set forth on the Web Site. The
information displayed on the Web Site may not be used for any purpose
except in connection with your direct use of the Web Site as
permitted by these Terms and Conditions, and may not be excerpted,
summarized, duplicated or otherwise removed from the Web Site. In
addition, you represent, warrant and agree that you will not use (or
plan, encourage or help others to use) the Web Site for any purpose
or in any manner that is prohibited by these Terms and Conditions or
by applicable law. Your use of the Web Site is also subject to the
following restrictions:
- You may not send unsolicited commercial email to Users. In
addition, spam, chain emails, advertising solicitations and similar
email solicitations are expressly prohibited.
- You may not delete, edit or revise any material posted by
any other person or entity. You may not copy, duplicate, download or
otherwise use any material posted by any other person or entity
except for the purposes permitted by these Terms and Conditions.
- You may not interfere with the proper operation of the Web
Site including, but not limited to, by attacking, hacking into, or
otherwise attempting to penetrate any non-publicly accessible
elements of the Web Site, through the use of bots, Trojan Horses,
viruses, DNS attacks, or other technology which is designed or
intended to interfere with the proper operation of the Web Site or
the use of the website by any Users.
- Limitations on Information Submitted. Any submission
of information to Pustak through the Web Site is subject to the
following guidelines and restrictions:
- It may not contain URLs or links to any Internet Web sites
(To advertise your company or Web site, contact our Sales
department).
- It may not contain copyrighted material (unless you own the
copyright or have the owner's permission to post the copyrighted
material).
- It may not contain trade secrets (unless you own them or
have the owner's permission to post them).
- It may not contain material that infringes on the
intellectual property rights of others, including but not limited
to, copyright, trademark, patent, or trade secret rights.
- It may not contain material that is sexually explicit,
obscene, libelous, defamatory, threatening, harassing, abusive, or
hateful.
- It may not contain information that is known by you to be
untrue, false or misleading or which does not fairly or accurately
depict or describe the subject matter, which is the subject of the
information posted by you.
- It may not present information which impersonates another
person, whether living or dead, misstate the identity of any person,
or misstate or mislead as to gender or age.
- You may not solicit money, investments or make any offering
of securities or investments.
- You may not submit chain letters or pyramid schemes.
- You may not submit opinions or notices, commercial or
otherwise.
- Monitoring of Information. Pustak does not assume any
obligation to review the accuracy, completeness, truthfulness or
content of any information submitted to the Web Site. User assumes
the risk of verifying the accuracy of information posted through
independent investigation. Notwithstanding, Pustak may in its
discretion review information submitted to the Web Site for any
purpose whatsoever and it reserves the right, in its sole discretion,
to reject any information submitted to the Web Site for any reason
whatsoever.
- Rights to Information. User hereby grants to Pustak
an irrevocable, perpetual, worldwide right and license to use and
display all information submitted by you, subject to the Privacy
Guidelines set forth herein.
- Security Rules. To ensure the security of the Web
Site and of Users, the following security rules govern your use:
- Protect your password. You are responsible for maintaining
the confidentiality of your information and password, and you are
responsible for all uses of your registration, whether or not
authorized by you. In the event you lose your password or become
aware of misuse or unauthorized use of your password, it is your
obligation to notify Pustak. Pustak shall have no responsibility for
loss or misused passwords or for unauthorized access occasioned by
the foregoing.
- Prohibited Uses:
- Accessing data not intended for you or logging into a
server or account which, you are not authorized to access.
- Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
without proper authorization.
- Attempting to interfere with service to any User, host or
network, including, without limitation, via means of submitting a
virus to the Web Site, overloading, "flooding", "mailbombing" or
"crashing".
- Sending unsolicited e-mail, including promotions and/or
advertising of products or services.
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Violation of these Security Rules may
result in civil or criminal liability in addition to the termination
of your access rights. Pustak will investigate occurrences, which may
involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in such
violations.
- Termination of Access to Web Site. Users who violate
these Terms and Conditions may be denied access to the Web Site at
the sole discretion of Pustak.
- Disclaimer of Warranties and Limitations of
Liability. Your agreement to the following disclaimers and
limitations are a material inducement to Pustak to permit you to
access the Web Site. Your use of the Web Site, and the obligations
and liabilities of Pustak in respect of your use of the Web Site, is
expressly limited as follows:
- Conduct of Users. Pustak assumes no responsibility for the
activities or conduct of Users.
- Third Party Information. The Web Site displays the content,
services, products or hyperlinks of other companies or persons.
Notwithstanding the presentation of any third party information on
the Web Site, no such presentation shall be considered an
endorsement, representation or warranty, either express or implied,
by Pustak on behalf of or any third party. In addition, Pustak does
not endorse, warrant or otherwise guarantee the substance of any
information posted by Users or third parties on the Web Site Pustak
shall have no liability or responsibility whatsoever for the
content, subject matter or substance of any information accessed or
obtained from third party Web sites accessed from the Web Site.
Access to third party Web sites from the Web Site is done at your
own risk. Pustak does not warranty any products purchased through
the Web Site or purchased in reliance on information obtained from
the Web Site. Warranties on purchased products, if any, are provided
by the product's manufacturer.
- Accuracy of Information. Pustak makes no representations or
warranties regarding the truthfulness, accuracy, completeness,
timeliness or reliability of any information submitted by Users, or
of any other form of communication engaged in or information
exchanged by Users. Information on the Website may contain
inaccuracies or typographical errors. You acknowledge that any
reliance on information submitted by Users or on any other form of
communication with Users will be at your own risk.
- DISCLAIMER OF WARRANTIES. THE WEB SITE IS PROVIDED "AS IS"
AND WITHOUT ANY WARRANTY WHATSOEVER. PUSTAK DISCLAIMS ANY AND ALL
EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR
PURPOSE.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL PUSTAK BE LIABLE
FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, (INCLUDING
LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT PUSTAK IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. PUSTAK HAS MADE THIS SERVICE AVAILABLE
TO USE AS A MATTER OF CONVENIENCE. PUSTAK EXPRESSLY DISCLAIMS ANY
CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR
OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR
DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE,
VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT
USER SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT PUSTAK
RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE
IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER
LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR
ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED
IN THIS REGARD FROM TIME TO TIME.
- Indemnification. You agree to indemnify, defend and hold
harmless Pustak from and against any and all liability, claims,
causes of actions, damages, costs and expenses, including but not
limited to, attorneys fees and costs of suit, arising out of your
breach of these Terms and Conditions.
- General. These Terms and conditions are governed by
the laws of Bangalore, India, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under these Terms and
Conditions shall lie exclusively with the state courts in Bangalore,
India. If any provision of these Terms and Conditions is found to be
invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full
force and effect. The failure of Pustak to enforce any term or
condition of these Terms and Conditions shall not be deemed a waiver
thereof and shall not prevent its later enforcement.
|