Terms & Conditions

TERMS OF USE

WELCOME TO OUR WEBSITE. GIVEN HEREIN ARE THE TERMS OF USE FOR ALL VISITORS OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS AND ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH PLATFORM TO ENABLE HEALTH AID & COLLABORATE HEALTHCARE, WE REQUEST YOU NOT TO ACCESS THE WEBSITE IF YOU DO NOT AGREE WITH THE GIVEN TERMS. BY PROVIDING YOUR REGISTRATIONS DETAILS YOU ARE AGREEING WITH THE TERMS OF USE AND PRIVACY POLICY AND ALSO ARE ALLOWING THE SITE AND ITS AFFILIATES SITES TO INCLUDE YOUR DETAILS IN ITS DATABASE. YOU ARE BOUND BY THESE TERMS EVEN IF YOU ARE A VISITOR BROWSING THIS WEBSITE

DEFINITIONS

We”, “Us”, “Our”, “Bookpub” shall mean Bookpub.in.

Terms”, “Terms and conditions”, “Policy”, “T&C” shall mean the entire Agreement and all parallel policies that you agree to in mutual agreement by using our Site

You”, “Your”, “User” refers to anyone who is visiting, accessing or browsing the Site.

Website” shall mean bookpub.in that is the domain owned and controlled by Bookpub.

Content” refers to any text, image, graphic, video, audio, location and all forms of data.

Your Content” refers to any content submitted by way of registration as a user or reviews and comments submitted by a user anywhere on the website

Third Party” refers to any person other than the “User” or the “Website”

Offering” refers to use of services provided by Bookpub

ELIGIBILITY/LEGAL CAPACITY

Use of the Site is limited to parties that lawfully can enter into and form contracts under applicable law. When you use the services provided by Bookpub, the terms and conditions mentioned in this document are automatically binding upon you. These terms and services however are not applicable to any other separate written contract entered into by you with BOOKPUB.

PRIVACY POLICY

Our Privacy Policy deals with the following:-

1. Practices concerning data that you provide.

2. Data that we may collect about you through the services offered by BOOKPUB.

3. Permission to our use of data in compliance with the Privacy Policy.

CONTENT ON THE WEBSITE

Bookpub as a portal provides a platform for purchase of artistic content including but not restricted to books, audio media of all kinds, video media of all kinds, essays, photographic content etc. The content of the website mainly contains pictorial representation of products on sale, their description, third party reviews as well as reviews posted by users. However, we do not warrant that all the content on the website is necessarily error free. WE assume NO liability for inaccuracy or incompleteness of ANY content on the website.

PROVISION OF THE OFFERING BY BOOKPUB

1. BOOKPUB will attempt to continuously innovate in order to provide the best possible offering for its users. By using BOOKPUB you acknowledge and agree that the form and nature of the offering which BOOKPUB provides may change from time to time.

2. You acknowledge and agree that BOOKPUB may stop (permanently or temporarily) providing the offering (or any features within the offering) to you or to users generally at BOOKPUB’s sole discretion.

3. You acknowledge and agree that if BOOKPUB disables access to your account or login route, you may be prevented from accessing the offering, your account details or any files or other content which is contained in your account. BOOKPUB shall in its own discretion disallow user accounts on the basis of any violation of terms or in the larger interest.

4. You acknowledge and agree that while BOOKPUB may not currently limit your use of the offering in any way, it may do so if that use hinders with the ability of BOOKPUB to carry on its operations or the ability of other customers to use the offering.

5. The supply of the offering will be subject to your making payment, if any as stated in the contract for the service. In the event that your account is terminated or access is disabled, or the service is permanently or temporarily stopped, BOOKPUB's liability shall extend only to forfeiting the outstanding amount due for the current billing.

6. BOOKPUB shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof.

7. Further, BOOKPUB will not be responsible for any agreements you enter with other joint owners or sellers, either on our site or outside. You will enter into all such agreements at your will and discretion and shall not hold BOOKPUB liable for any faulty delivery, breach of trust, non delivery or any other reason of any kind of loss.

USE OF THE OFFERING BY YOU

1. In order to access certain offering, you may be required to provide information about yourself as part of:-

  • The registration process for the use of/access to that particular service, OR
  • For your continued use of the offering.

You agree that any registration information you give to BOOKPUB will always be accurate, correct and up to date.

2. BOOKPUB can share customer/ client information with:-

  • Any company which you acquire / acquires you, OR
  • To the Government or law enforcement agencies (if officially requested or required by Order, Notification, Statute or Court Order) OR
  • With anyone else, with the consent of the customer / client.

3. You agree to use the offering only for your personal, non-commercial use and for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines.

4. You agree not to access (or attempt to access) any of the offering by any means other than through the interface that is provided by BOOKPUB, unless you have been specifically allowed to do so in a separate agreement with BOOKPUB. You specifically agree not to access (or attempt to access) any of the offering through any automated means (including through the use of scripts or web crawlers).

5. You agree that you will not engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering).

6. Unless you have been specifically permitted to do so in a separate agreement with BOOKPUB, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.

7. You agree that you are solely responsible for (and that BOOKPUB has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which BOOKPUB may suffer) of any such breach.

PASSWORDS AND ACCOUNT SECURITY

1. You agree and understand that you are responsible to BOOKPUB and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering. You will be solely responsible for all activities that occur under your account.

2. BOOKPUB will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into BOOKPUB database, BOOKPUB shall not be made liable for the resulting damages.

3. If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at BOOKPUB immediately.

CONTENT IN THE OFFERING

1. You understand and acknowledge that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the offering are the sole responsibility of the person from which such content originated.

2. You should be aware that content presented to you as part of the offering, including but not limited to advertisements and promotional material of BOOKPUB or other companies, is protected by intellectual property rights which are owned by BOOKPUB, or the sponsors or advertisers who provide that content to BOOKPUB (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you may do so by BOOKPUB or by the owners of that content, in a separate agreement. Any content being disseminated using BOOKPUB's sales network or the product, service or platform may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and / or any illegal content will be immediately deleted and we reserve the right to take appropriate legal action.

3. You agree that you are solely responsible for (and that BOOKPUB has no responsibility to you or to any third party for) any content that you create, transmit or display while using the offering or for the consequences of your actions (including any loss or damage which BOOKPUB may suffer) by doing so.

4. You understand that by using the offering you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the offering at your own risk. BOOKPUB shall not be made responsible for any repugnant content circulated on its offering by other users.

5. On noticing any such content, it is your duty to bring it to the attention of BOOKPUB officials immediately, who will take due care to delete it from the offering.

INTELLECTUAL PROPERTY RIGHTS

1. You acknowledge and agree that BOOKPUB (or BOOKPUB's licensors) owns all legal right, title and interest in and to the offering, including any intellectual property rights which subsist in the offering (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

2. You further acknowledge that the offering may contain information which is designated confidential by BOOKPUB and that you shall not disclose such information without BOOKPUB's prior written consent.

3. Unless BOOKPUB has otherwise agreed in writing, nothing in the terms gives you a right to use any of BOOKPUB's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

INDEMNITY

By choosing to use BOOKPUB, you agree to indemnify BOOKPUB, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through the BOOKPUB; or of your use of or connection to the BOOKPUB; your violation of the User Agreement; or, your violation of any rights of another.

If you choose to post negative comments and reviews about a particular brand on the Website, you shall do so at your sole discretion. In the event that such negative reviews and comments result in any claims, legal action, suit for damages, legal notices etc. from the aggrieved brand company to us, you agree to hold BOOKPUB completely indemnified and free from such claims or legal action.

LICENCE FROM BOOKPUB

BOOKPUB gives you a Personal Non-Exclusive license to use the portal provided to you by BOOKPUB, as part of the offering as provided to you by BOOKPUB. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by BOOKPUB, in the manner permitted by these terms.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.

Unless BOOKPUB has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.

ENDING YOUR RELATIONSHIP WITH BOOKPUB

The Terms will continue to apply until terminated by either you or BOOKPUB as set out below.

BOOKPUB may at any time, terminate its legal agreement with you if:

(A) You have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms);

(B) BOOKPUB is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)

When these terms come to an end, all of the legal rights, obligations and liabilities that you and BOOKPUB are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.

EXCLUSION OF WARRANTIES

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED AS IS AND AS AVAILABLE.

2. IN PARTICULAR, BOOKPUB DOES NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND BOOKPUB WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOOKPUB OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

5. BOOKPUB FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT

BOOKPUB AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT.

We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. BOOKPUB may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the Site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold BOOKPUB liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on BOOKPUB. In addition BOOKPUB does not endorse, warrant or guarantee the products or services of any seller, lender or broker including any rates, points and loan programs posted by sellers, lenders or brokers.

LIMITATION OF LIABILITY

SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOOKPUB SHALL NOT BE LIABLE TO YOU FOR:

1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS;

2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

      • ANY CHANGES WHICH BOOKPUB MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
      • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;
      • YOUR FAILURE TO PROVIDE BOOKPUB WITH ACCURATE ACCOUNT INFORMATION; • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

GOVERNING LAW

THIS SITE IS OPERATED BY US IN INDIA AND WE MAKE NO WARRANTY THAT THE MATERIALS AND CONTENT ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF INDIA. THOSE WHO CHOOSE TO ACCESS THE SITE FROM OUTSIDE INDIA DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE.

ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF ______________________________YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF_______________________WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES.

Other content to which references are made, links are provided, etc.

  • The offering may include hyperlinks to other web sites or content or resources. BOOKPUB may have no control over any web sites or resources which are provided by companies or persons other than BOOKPUB.
  • You acknowledge and agree that BOOKPUB is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
  • You acknowledge and agree that BOOKPUB is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

CHANGES TO THE TERMS

1. BOOKPUB may make changes to the terms from time to time. The same will be communicated to you, on the website of BOOKPUB.

2. When these changes are made, BOOKPUB shall make the amended copy of the terms available in an accessible location.

3. You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, BOOKPUB will treat your use as acceptance of the amended terms.

GENERAL LEGAL TERMS

1. Sometimes when you use the offering, you may (as a result of, or through your use of the offering) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other offering, software or goods may be subject to separate terms between you and the company or person concerned.

2. The terms constitute the legal agreement between you and BOOKPUB and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. (but excluding any offering which BOOKPUB may provide to you under a separate written agreement), and completely replace any prior agreements between you and BOOKPUB in relation to the offering.

3. You agree that if BOOKPUB does not exercise or enforce any legal right or remedy which is contained in the terms (or which BOOKPUB has the benefit of under any applicable law), this will not be taken to be a formal waiver of BOOKPUB's rights and that those rights or remedies will still be available to BOOKPUB.

4. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.

5. The terms, and your relationship with BOOKPUB under the terms, shall be governed by the laws of India.

6. You and BOOKPUB agree that any dispute will be referred to arbitration, with the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen.

NO WAIVER

Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

AMENDMENT

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at bookpub.in. We may, in our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

ASSIGNMENT

BOOKPUB may transfer, sub-contract or otherwise deal with BOOKPUB’S rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and [NAME] in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.