Website Terms Of Use

 

 The following terms and conditions (the "Terms of Use") govern your use of this web site for www.punyapublishing.com and related, feature web sites (collectively the "Site" or "Web Site"). This Site, and the Privacy Policy, are made available by Punya Publishing  Pvt. Ltd. ("Punya" or "we" or "us"). We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.

 

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE. 

1. General

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.

1.2 Punya shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.punyapublishing.com to view the most currentTerms of Use. You can determine when Punya last modified the Terms of Use by referring to the "Last Updated" legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. Punya may require You to provide Your consent to the updated Terms of Use in a specified manner before prior to any further use of the Website and the Services is provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.

1.3 By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website's Privacy Policy available at the homepage, www.punyapublishing.com.

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. Services

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

4.1 Punya makes the Services available to You through the Website only if You have provided Punya certain required User information and created an account ("Account") through Punya ID and password or other log-in ID and password, or any other valid email ID(collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, Terms of Offer For Sale, uploaded guidelines, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that service.

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. Pricing

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

7.1 Subject to compliance with the Terms of Use, Punya grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

7.2 You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

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.

 

7.6 You agree that You are solely responsible to Punya and not to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which Punya  may suffer) for any such breach.

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 access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms of Use;

· 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.

 

8.3 Any software that is available on the Website is the property of Punya or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of 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

10.1 Notwithstanding anything to contrary, Punya 's entire liability to You under this Terms of Use or otherwise shall be the refund of the money charged from You for any specific purchase of product or service, under which the unlikely liability arises.

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.

Note:

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

11. Violation of Terms of Usage

 

11.1 You agree that Punya may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Punya finds that You have violated these Terms of Use. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Punya, for which monetary damages would be inadequate, and You consent to Punya obtaining any injunctive or equitable relief that Punya deems necessary in such circumstances.

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.

11.3 If Punya does take any legal action against You as a result of Your violation of these Terms of Use, Punya will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Punya


12. Terminate Usage

12.1 Punya may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

·         You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

·         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.

12.3 Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Punya chooses to terminate them.

13. Applicable Laws

 

13.1 These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Punya shall be governed in accordance with the laws of India.

 

13.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and Punya shall be subject to the exclusive jurisdiction of the courts at Bangalore, India and You hereby accede to and accept the jurisdiction of such courts.

14. Privacy Policy

 

The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Punya in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

 

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

 

16.1 Notice: All notices of Punya will be served by email or by general notification on the Website. Any notice provided to Punya pursuant to the Terms of Use should be sent to admin@punuapublishing.com

16.2 Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Punya's rights under the Terms of Use are freely transferable by Punya to any third parties without the requirement of seeking Your consent.

16.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

16.4 Waiver: Any failure by Punya to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Punya of that provision or right.                 

Punya Publishing Pvt. Ltd. ©2014