- ACCEPTANCE OF TERMS
- www.e-aanjaneya.com (“Website”) is an internet based information portal owned and operated by Ishapashyanti Enterprises LLP having its office at 105, Link Apartment, Old Khari Village, Khar West, Mumbai – 400 052, hereinafter referred to as “IPE” or “Service Provider”.
- Through the Website, IPE shall provide access to E-books, E-newspapers & periodicals, E-Journals, E-Magazines, and the like, as also products like to books, newspapers & periodicals, journals, magazines in print media, as well as audio & video compact discs, DVDs and/or other electronic media and/or any goods and/or merchandise of all kinds etc., published by them or any other Publisher other than Service Provider, for Subscribed Users only, throughout the world, hereinafter referred to as (“Service and/or product as the case may be”).
- This User Agreement (“Agreement”) sets out the terms and conditions on which IPE/Service Provider shall provide the Services to the User through the Website.
- By accessing, browsing and/or otherwise using this Service/purchase of products, the User acknowledges that the User has read, understood and agreed to be bound by this Agreement, and the User agrees to comply with all applicable laws and regulations of India principally and other countries where users are located (if applicable). For the removal of doubt, it is clarified that navigation by the User of the Website constitutes an acknowledgement and acceptance by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
- Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers, or the operating rules and policies applicable to each Service/Product. In the event that any of the terms, conditions and notices contained in this Agreement conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.
- IPE, at its sole discretion, reserves the right not to accept any order placed by the User through the website without assigning any reason thereof. Any contract to provide any service/purchase of products by IPE is not complete until full money towards the service/purchase money is received from the User and is accepted by IPE or its authorized agent to collect the same on behalf of IPE.
- MODIFICATION OF TERMS
IPE reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, and/or products such as Books, Magazines, Journals, Periodicals, CDs, DVDs, Merchandise, etc including but not limited to the charges for the Services provided/purchase of products through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
- USER LIMITED RIGHTS
1) The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any part or portion of the Service and/or the product and/or any part or portion of the product. For the removal of doubt, it is clarified that the Website is not meant for commercial use by the User, but is specifically meant for personal use of the User only. (User not to share his ID and password with anybody)
2) The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that IPE’s express written prior permission is obtained to that effect. IPE may, at its sole discretion, grant permission subject to certain terms and conditions that it may be deem fit. For the removal of doubts, if any, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted at all.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
- IPE has endeavored endeavoured that all the information on the website is correct, but IPE neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. IPE makes not warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services and/or products, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential to any user or any other person, arising out of or from the use of the information contained in the website.
- IPE may take help from Payment Gateway Provider for the services. Under no circumstances shall IPE be liable for the services provided by the Payment Gateway Provider.
- Although IPE makes reasonable commercial efforts to ensure that the description and content on each page of the website is correct, it does not, however, take responsibility for the changes that may have occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained therein. Also IPE may not be the publisher of all the books, newspapers periodicals, magazines, journals, etc. and cannot, therefore, control or prevent changes in the published descriptions. It may become necessary for IPE to modify or amend the content published by them under certain circumstances and IPE should not be held responsible for the same.
- IPE does not endorse any advertiser on its website in any manner. The Users are requested to verify the accuracy of all information, on their own, before placing any reliance on such information.
- In no event shall IPE be liable for any direct, indirect, punitive, incidental, special or consequential damages, or any other damages resulting from: (a) the use or the inability to use the services provided to them/purchased from them, including the cost of procurement of substitute or the damages resulting from any goods, information or services procured/obtained from the Service Provider and/or products purchased from them. (b) Unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services/products, including without limitation, damages for loss of use, data or profits, arising out of, or in any way connected with the use or performance of the website.
- IPE shall not be responsible for the delay or inability to use the website or related services/products, the provision of or failure to provide services/products, or for any information, software, products or their delivery, and/or services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, IPE shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension or access to the website, that may occur due to technical reasons, or for any reason beyond IPE’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data, that results from the download of such material and/or data.
- These limitations, disclaimers of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract; (b) breach of warranty; (c) negligence; or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
LINKS TO THIRD PARTY SITES
- The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of IPE or the Website and IPE is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. IPE is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. IPE is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by IPE of the Website of the Linked Sites, or any association with its operators or owners, including the legal heirs or assigns thereof.
- IPE is not responsible for any errors, omissions or representations on any Linked Site. IPE does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before placing any reliance on such information.
PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the Website, the User warrants that he will not use the Website for any purpose that is unlawful or illegal, under any law for the time being in force, within or outside India, or that is prohibited by this Agreement. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it, or interfere with any other party’s use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information, through any means, not intentionally made available or provided for, through the Website.
USE OF COMMUNICATION SERVICES
- The Website may contain services such as email, chat, bulletin board services, products and/or its information related to various articles, tourist spots, news groups, forums, communities, personal web pages, calendars, and/or other messages and/or products (hereinafter collectively referred to as “Communication Services”). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
1) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3) upload files that contain software or other material protected by intellectual property laws, unless the User owns or controls the rights thereto, or has received all necessary consents in respect thereof;
4) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs, that may damage the operation of the Website or another’s computer;
5) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
6) conduct or forward surveys, contests, pyramid schemes or chain letters;
7) download any file posted by another User of a Communication Service that the User knows, or reasonably should know, cannot be legally distributed in such manner;
8) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
9) violate any code of conduct or other guidelines, which may be applicable for, or to any particular Communication Service;
10) violate any applicable laws or regulations, for the time being in force, in or outside India; and
11) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- IPE has no obligation to monitor the Communication Services. However, IPE reserves the right to review materials posted through Communication Service and to remove any material in its sole discretion. IPE reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
IPE reserves the right at all times to disclose any information, as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in IPE’s sole discretion. In addition to the above-mentioned regulations, the user agrees to follow community standards that may apply for the specific medium or during the specific time.
IPE does not control or endorse the content, messages or information found in any Communication Service and/or E-books, E-periodicals and Journals and/or products such as Books, Magazines, Journals, Periodicals, CDs and DVDs, etc. Therefore, IPE specifically disclaims any liability or responsibility, whatsoever, with regard to the Communication Services and/or E-books, E-periodicals and Journals and/or CDs and DVDs, etc which includes delivery by it and/or third party agency such as post office and/or courier services and/or otherwise, that may be caused, resulting from the User’s participation in any Communication Service and/or purchase of any products such as Books, Periodicals, Journals, Magazines, CDs, DVDs,etc.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated on and adhering to such limitations if they download the materials.
USE OF THIRD-PARTY SERVICES
The website uses an external service for displaying the meaning of words in the eBooks. IPE is not responsible for any errors, omissions or representations in the displayed meaning. IPE does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before placing any reliance on such information. IPE also does not have any control to filter or determine which content to display.
IPE reserves the right, in its sole discretion, to terminate the access to the website and the related services/products or any part or portion thereof at any time, without notice.
IPE reserves the right to charge subscription fees, license fees, as well as online selling, reading, supplying and delivery of printed books and also transaction fees, based on certain completed transactions, using the Services through the Website. IPE further reserves the right to alter any and all the fees from time to time, without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services through the Website.
USER’S OBLIGATIONS AND USER ACCOUNT
In consideration of use of the Website, the User represents and confirms that the User is of legal age, to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
To avail a Service, the User has and must continue to maintain at his/her sole cost: (a) all the necessary equipment, including a computer and modem, etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees, including internet service provider’s charges, which are to be exclusively borne by the User.
The User also understands that the services may include certain communications from IPE, as service announcements and administrative messages. The User understands and agrees that the services are provided on an “as is” basis and that neither IPE, nor any of its authorized representatives, or otherwise, assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall become a Registered User. The User agrees and undertakes that he/she at all times to be responsible for maintaining the confidentiality of the password and User ID, and shall be fully responsible for all activities that occur by use of such Password or User ID. Further, the User agrees not to use any other party’s User ID and Password, for any purpose whatsoever, without proper authorization from such party.
The User also agrees and undertakes to immediately notify IPE of any unauthorized use of the User’s password or User ID and to ensure the User log off at the end of each session at the website. IPE shall not be responsible for any loss or damage, direct or indirect, arising out of the User’s failure to comply with this requirement.
The User also agrees and undertakes to: (a) provide true, accurate and complete information about himself/herself as prompted by the registration form (“Registration Data”) on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or IPE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IPE has the right to suspend or terminate the User’s registration and refuse any and all current or future use of the Website and/or any Service.
Furthermore, the User grants IPE the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
Without prejudice to the other remedies available to IPE under this agreement or under applicable law, IPE may limit the User’s activity, or end the User’s listing, warn other Users of the User’s actions, immediately temporarily/indefinitely suspend or terminate the User’s registration and/or refuse to provide the User with access to the website if:
The User is in breach of this Agreement and/or the documents he/she incorporates by reference;
IPE is unable to verify or authenticate any information provide by the User; or
IPE believes that the User’s actions may infringe on any Third Party rights or breach any applicable law or otherwise result in any liability for the user, other Users of the website and/or IPE.
IPE may, at any time, in its sole discretion, reinstate suspended users. Once the User has been indefinitely suspended, the User may not register or attempt to register with IPE or use the website in any manner whatsoever, until such time that the User is reinstated by IPE. Notwithstanding the foregoing, if the user breaches this agreement or the documents it incorporates by reference, IPE reserves the right to recover any amounts due and owing by the User to IPE and/or the Service Provider and to take such strict legal action, as IPE deems necessary.
IPE may provide the User E-books, E-periodicals and Journals, or part thereof, with or without the content, such as sound, photographs, audio, graphics, video or other material contained in sponsor advertisements or information and/or products such as CDs, DVDs, Merchandise, etc. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by IPE and shall not copy, transmit or create derivative works of such material without express authorization from IPE.
The User acknowledges and agrees that he/she shall not upload, post, reproduce or distribute any content on or through the Website, that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such rights and IPE. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner and IPE must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and IPE and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if, by using the Website, the User authorizes IPE and its agents to access third party sites designated by it, or on its behalf, for retrieving requested information, the User shall be deemed to have appointed IPE and its agents as its agent for this purpose.
The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to this Agreement as a whole.
The User agrees to indemnify, defend and hold harmless IPE from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by IPE that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement.
If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
TERMINATION OF AGREEMENT AND SERVICES
Either the User or IPE may terminate this Agreement and a Service, with or without cause, at any time, to be effective immediately.
The User agrees that IPE may, under certain circumstances and without prior notice, immediately terminate the User’s user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services, as may be specified from time to time.
This Agreement may be terminated by IPE through a written notice to the user. IPE shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement or become dissatisfied with the Service in any way, the User’s only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify IPE of such discontinuance.
Upon termination of the Service, User’s right to use the Website/Services and software shall immediately cease. The User shall have no right and IPE shall have no obligation thereafter to execute any of the User’s uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User’s registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
All notices and communications (including those related to changes in the Service, termination of Service etc.,) shall be in writing, in English and shall be deemed given, if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
If to IPE, then at 105, Link Apartment, Old Khari Village, Khar West, Mumbai – 400 052 or at the address posted on the Website.
If to a non Registered User/ Subscribed User, then at the communication and/or email address specified in the application form availing of a Service.
If to a Registered User/ Subscribed User, then at the communication and/or email address specified in the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
This Agreement shall be governed by and constructed in accordance with the laws of India, without reference to conflict of laws and principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai only.
DELIVERY AND SHIPPING POLICY
Delivery times are estimates and commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of the order after payment confirmation. Unless there are exceptional circumstances, every effort is made to fulfill the order within 4 to 6 business days from the date of the order. Business day means Monday to Friday, except holidays.
Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered. Products may also be delivered in separate shipments.
All orders are subject to the availability of the product for which the order has been placed. Generally, the items which are not available are marked as ‘Out Of Stock’ beforehand itself. However due to system/human error if the item is not marked as ‘Out Of Stock’ beforehand and the customer places the order for such item, logistics team will personally call/email the customer to notify the same. In such case, a refund will be initiated if the customer is not willing to wait until the item becomes available; else the item will be delivered to the customer once it is available.
Courier Delivery Charges are calculated depending upon the weight of the product(s) in grams and the distance in Kilometers from the source location to destination location. Source location is S.V. Road, Khar (West), Mumbai – 400052
Courier Delivery Charges may differ even if the product(s) selected is the same. This is because the locations which the customer has selected for courier delivery in both cases are different. Even though the weight is constant, the distance in Kilometers will vary and hence Courier Delivery Charges will vary. The Courier Delivery charges may be subject to changes without any prior intimation, hence it is possible that two orders of the same product at different times may have different shipping costs.
Periodic publications have issues getting published on a periodic basis with 1 year as renewal period. At the time of subscription of the publication, the Courier Delivery Charges mentioned includes the cost of all the issues in a year. This means Courier Delivery Charges for an entire year will be collected at the time of subscription only.
Return & Refund Policy
We do not have any return or refund policy. Goods once sold on e-Aanjaneya will not be refunded.
Goods sold are eligible for replacement only upon fulfillment of the below conditions –
- The goods delivered are in a physically damaged condition.
- The goods delivered are different from what was ordered.
- The goods are defective.
- The intimation with reason for replacement along with the snapshot is sent to [email protected] within 48 hours.
Goods eligible for replacement will be replaced within reasonable time and the user will be notified of the same.