1.1 www.punyapublishing.com ("Website") is an Internet based portal owned and operated by Punya, a company incorporated under the laws of India, with its registered office at No. 191, 16th Main, 24th Cross, Banashankari (BSK) 2nd Stage, Bangalore-560070, India and having CIN U02212KA2003PTC032866. Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Punya at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
1.4 Punya agrees to deliver the merchandise ordered by you only at such locations as per the Order Confirmation Form. Punya shall not be liable to deliver any merchandize or Services purchased by Users for delivery in locations outside India and it shall not be entertained.
2.1 The Website is a platform that facilitates the online sale and purchase of books and services offered by Punya ("Services"). The Services are offered to the Users through various modes which shall include Book Craft - complete one stop Publishing / Prepress solution. The purchase of products and services on the Website shall be governed by the Terms of Offer For Sale ("Terms of Offer For Sale")
3. Eligibility for usage
3.1 The Services are available to all except any Users suspended or removed from the Punya system by Punyal for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by Punya through Your legal guardian in accordance with the applicable laws.
3.2 Punya reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
4. User Account and Security
4.2 The Website requires You to register as a User by creating an Account in order to avail of the Services provided by the Website. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Punya of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Punya cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by Punya or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
4.3 The Website also allows restricted access to the Services for unregistered Users.
4.4 You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.5 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Punya has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Punyal has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
5.1 Punya strives to provide You with the best prices possible on products and services You buy or avail of from the Website. The pricing details for purchase of products and services from the Website are detailed under the Terms of Offer For Sale.
6. Use of Credit/Debit Card
6.1 You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Punya expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
6.2 Punya shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Punya with our acquiring bank from time to time.
6.3 Punya shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by Punya with our acquiring bank/payment gateway from time to time
7. User Obligations
7.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with Section 7.
7.4 You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by Punya. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
7.5 You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. Punya disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under Section 17 herein.
7.7 You agree that Punya may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
8. Use of Website
8.1 Except as expressly indicated to the contrary in any applicable Additional Terms, Punya hereby grants You a non-exclusive, freely revocable (upon notice from Punya), non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
· You may not modify or alter product catalogues or any other materials available on the Website;
· You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and
· You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
8.2 All books included in the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogues or any other materials available on the Website may not be copied or retransmitted unless expressly permitted by Punya.
8.4 Any purchase of the book/(s) or Services from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any book/(s) or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Services or merchandize purchased is not transferrable to any third party for profit.
9. Intellectual Property Rights
9.1 The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Punya Publishing Pvt Ltd and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2 The trademarks, logos displayed on the Website are the property of Punya. You are not permitted to use these without the prior consent of Punya.
9.3 Unless otherwise indicated or anything contained to the contrary and so expressly mentioned, Punya and its Authors own all intellectual property rights to and into the trademark "Punya", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
9.4 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Punya the owner of such Content.
10. Limitation of Liability
10.2 In no event shall Punya, its officers, directors, employees, partners be liable to You, the vendor for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable or whether or not Punya has been advised of the possibility of such damages, or based on any theory of liability, negligence or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
11. Violation of Terms of Usage
11.2 You agree that Punya may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
12. Terminate Usage
· Punya is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
· The provision of the Services to You by Punya is, in their opinion, no longer commercially viable;
· Punya has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
12.2 You agree that all terminations shall be made in Punya's sole discretion and that Punya shall not be liable to You for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
13. Applicable Laws
15. Receipt of Communications
15.1 You hereby expressly agree to receive communications by way of SMS, e-mails from Punya relating to Sale/Services provided through the Website.
15.2 A User can unsubscribe/ opt-out from receiving communications from Punya through SMS and e-mail anytime by:
a. Visiting http://www.punyapublishing.com/unsubscribe to unsubscribe from messages/ SMS; and
b. Newsletters sent at the registered email address.---by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail
16. General Conditions