TERMS & CONDITIONS

TERMS & CONDITIONS

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement with respect to ‘Sahitya Vimarsh Prakashan’ (our/us) website. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, services provided by or listed on the Site, and the subject matter of this Agreement. We may amend this Agreement at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Contents Posted On Site

Any content posted by the visitor/user on the website will become the property of ‘Sahitya Vimarsh Prakashan’ throughout the universe. You agree that any Content you post may be used by ‘Sahitya Vimarsh Prakashan’, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Rules of Conduct on Site

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

‘Sahitya Vimarsh Prakashan’ may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of ‘Sahitya Vimarsh Prakashan’ violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.

You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.

You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent.

You understand that ‘Sahitya Vimarsh Prakashan’ has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Links

The site may include links to third party Internet websites that are controlled and maintained by others. These links are included solely for the convenience of users and do not constitute any endorsement by ‘Sahitya Vimarsh Prakashan’ of the sites linked or referred to, nor does ‘Sahitya Vimarsh Prakashan’ have any control over the content of any such sites.

You shall not use ‘Sahitya Vimarsh Prakashan’ name or any language, pictures or symbols which could, in ‘Sahitya Vimarsh Prakashan’ judgment, imply ‘Sahitya Vimarsh Prakashan’ endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Applicable Law

The Sites are created and controlled by ‘Sahitya Vimarsh Prakashan’. These disclaimers, terms, and conditions of use are governed by all the laws applicable within the territory of India. By using any of the Sites, you hereby consent to the exclusive jurisdiction and venue of courts in New Delhi, India, in all disputes arising out of or relating to the use of the Sites. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. ‘Sahitya Vimarsh Prakashan’ failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Disputes may be referred to Arbitration at the choice of ‘Sahitya Vimarsh Prakashan’ only, which shall then be governed as per the Arbitration and Conciliation Act, 1996.

Trademark, Copyright and Restriction

This site is controlled and operated by ‘Sahitya Vimarsh Prakashan’. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on ‘Sahitya Vimarsh Prakashan’ web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites. The Sites, the Content and all related rights shall remain the exclusive property of ‘Sahitya Vimarsh Prakashan’ and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the Sites.

The trademark and registered logos are protected under the trademark laws applicable in India including the Trademark Act, 1999 and the subsequent amendments to it, if any.
Fees

For all charges for any products and services sold on the Sites, ‘Sahitya Vimarsh Prakashan’ or its vendors or agents will bill your credit card or an alternative payment method. When you provide credit card information to us or our vendors, you represent to us that you are the authorized user of the credit card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse ‘Sahitya Vimarsh Prakashan’ and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites.

Privacy Policy
At ‘Sahitya Vimarsh Prakashan’, we are committed to protecting your privacy. We use the information we collect about you to process orders and provide an enjoyable shopping experience. By using our app and website, you agree to the Privacy Policy of Sahitya Vimarsh Prakashan. If you do not agree to this Privacy Policy, please do not use this website and app.

User Submissions

Where we have specifically invited or requested user submitted content of any kind, we encourage members of the public to submit such content (e.g., user-generated content, postings to forums, comments on content, participation in communities) to ‘Sahitya Vimarsh Prakashan’ that they have created for consideration in connection with the Sites and any related programs (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting your content on the Sites, you expressly grant ‘Sahitya Vimarsh Prakashan’ a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and ‘Sahitya Vimarsh Prakashan’ shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

By submitting any User Submissions, you consent to the following rules:

User Submissions must not infringe on the copyright, trademark, patent or other intellectual property right of any third party.
It must be an original work, and if it is not, the user must obtain all necessary permissions from any persons who contributed to or otherwise may control rights in all or part of the User Submission to submit the User Submission in accordance with these Terms.
User Submissions must be respectful of others. Epithets or other language or material intended to intimidate or to incite violence are strictly prohibited. Your User Submission may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
Do not impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
The user shall not attempt to gain unauthorized access to other computer systems through the Web Site.
The user shall not be a party in activities that may involve spidering, “screen scraping,” “database scraping,” logging-in or registering on the Site, harvesting of e-mail addresses, contact or personal information of Users or wireless addresses, or any other automatic means of registering, accessing or logging-in to the Websites or for any services or features provided on or through the sites, or obtaining or accessing other information or features provided on, from or through the Websites or the services offered on or through the Site, including and without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website
The User shall not use the Website or the services provided on or through the Website in any way with the intent to interrupt, damage, disable, overburden, or impair the sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests.
Remember that forums and other areas of the Sites are public. It is advised not to post personal information (e.g., full name, password, phone number, address, email address or other personally identifiable information or contact information) in these areas.
Use the Websites or the services provided by the Websites in any way that may stand in conflict to laws in effect within the territory of India

All User Submissions must comply with these rules and any additional guidelines posted on the Sites, as applicable. User Submissions do not represent the views of ‘Sahitya Vimarsh Prakashan’ or any individual associated with ‘Sahitya Vimarsh Prakashan’, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, ‘Sahitya Vimarsh Prakashan’ endorsement of User Submissions. ‘Sahitya Vimarsh Prakashan’ does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Sites. Through your use of the Sites, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Sites, you assume all associated risks.

Representations And Warranties

You shall be solely responsible for your own User Submissions, your use of your registration and the consequences of posting or publishing or participating in the Sites. In connection with User Submissions and your use of the Sites, you affirm, represent and warrant the following:

you are over the legal age to contract (or your parent or guardian has consented to your User Submission and your use of the Sites) and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein;
you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses herein;
if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Sites and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use;
you have read, understood, agree with, and will abide by the terms of this Agreement;
the User Submission and PRH’s use thereof as contemplated by these terms and the Sites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity;
the User Submissions do and will not contain:
material falsehoods or misrepresentations that could harm PRH or any third party;
content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law;
advertisements or solicitations of business; or
Impersonation of third parties, other than those which are readily apparent and not otherwise in violation of these Terms of Use.

Removal of User Submissions

We will not monitor, edit, or disclose the contents of a user’s email unless required in the course of normal maintenance of the Sites and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on PRH or the Sites; (2) protect and defend the rights or property of PRH, the Sites, or the users of PRH; or (3) act in an emergency to protect the personal safety of our guests, the Sites, or the public. Users shall remain solely responsible for the content of their messages and PRH shall have no obligation to pre-screen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Sites.

In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Your Account

You agree that any use on the site is at your own risk and ‘Sahitya Vimarsh Prakashan’ is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

If you decide to register as a member of a Site, you may receive or establish one or more user names, passwords and accounts. In consideration of use of your registration, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or ‘Sahitya Vimarsh Prakashan’ has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ‘Sahitya Vimarsh Prakashan’ has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Sites. We have the right to provide user billing, account, content or user records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) to third parties.

Termination

‘Sahitya Vimarsh Prakashan’ may suspend or terminate any user’s access to all or any part of the Sites including any account thereon, without notice, for any reason in ‘Sahitya Vimarsh Prakashan’ sole discretion, including without limitation ‘Sahitya Vimarsh Prakashan’ belief that such access would violate any applicable law or would be harmful to the interests of PRH or another user. Upon termination, you will lose access to all the Sites and all Content thereon. The obligations that you have to ‘Sahitya Vimarsh Prakashan’ under these Terms of Use will continue even after we suspend or terminate your access to the Sites.

Product Description

‘Sahitya Vimarsh Prakashan’ tries to be as accurate as possible. However, sahityavimarsh.in does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.

Pricing/Typographical Error

Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers’ prices of the product may vary. ‘Sahitya Vimarsh Prakashan’ will try to be accurate, however if you come across any difference in pricing on the ‘Sahitya Vimarsh Prakashan’ Website pre and post orders, we request you to contact us within 72 (Seventy-Two) hours of placing your order.

Cancellation of Order

‘Sahitya Vimarsh Prakashan’ reserves the right to cancel any order without any explanation for doing so, under situation where Sahitya Vimarsh is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the ‘Sahitya Vimarsh Prakashan’ policy or for any other reason. However, Sahitya Vimarsh will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.

Product Return Policy

Defective items may be returned for an exchange, return, refund or upgrade within 7 days from the date you received it.

Shipping Policy

Products ordered on ‘Sahitya Vimarsh Prakashan’ for India, are shipped through our courier partners. If our courier partner does not service the desired location, the products are shipped through the Indian Postal Service. All orders are processed within 3-5 business days. The shipping time mentioned on the website is approximate and delivery is subject to the courier partners. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. If there will be a significant delay in shipment of your order, we will contact you via email or telephone. You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours. We currently do not ship outside India.

Risk of Loss

All items purchased from ‘Sahitya Vimarsh Prakashan’ are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Mandatory Declaration – Computers
You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.

You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

Limitation of Liability

IN NO EVENT SHALL ‘SAHITYA VIMARSH PRAKASHAN’ BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF ‘SAHITYA VIMARSH PRAKASHAN’ HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE

YOUR USE OF AND BROWSING OF THE SITES ARE AT YOUR OWN RISK. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITES, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ‘SAHITYA VIMARSH PRAKASHAN’ MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITES, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITES FOR ANY PURPOSE. ‘SAHITYA VIMARSH PRAKASHAN’ DOES NOT WARRANT THAT THE FUNCTIONALITIES CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ‘SAHITYA VIMARSH PRAKASHAN’ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ‘SAHITYA VIMARSH PRAKASHAN’) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL ‘SAHITYA VIMARSH PRAKASHAN’ OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ‘SAHITYA VIMARSH PRAKASHAN’ SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM ‘SAHITYA VIMARSH PRAKASHAN’ SITES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ‘SAHITYA VIMARSH PRAKASHAN’ RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.

IN NO EVENT SHALL ‘SAHITYA VIMARSH PRAKASHAN’ OR ANY AFFILIATED ‘SAHITYA VIMARSH PRAKASHAN’ ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF ‘SAHITYA VIMARSH PRAKASHAN’ OR A ‘SAHITYA VIMARSH PRAKASHAN’ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT, APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ‘SAHITYA VIMARSH PRAKASHAN’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITES AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.

Indemnification

You agree to defend, indemnify and hold ‘Sahitya Vimarsh Prakashan, its parent companies, subsidiaries, affiliates, successors, directors, officers, employees, service providers, and agents from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you, or in connection with the use of the Sites or the Internet or the placement or transmission of any message or information on the Sites by you.

If you registered as a member of a Site, you are entirely responsible for any and all activities that occur under your account and agree to indemnify, defend, and hold harmless the above-mentioned parties for any liability or expense arising from such use or misuse. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.

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