Terms Of Service
www.emesco.in ('Site') with all its applications is an online E-Commerce platform for sale of Books by Publishers across India.
Please read these general terms and conditions of services ("Terms of Services") carefully before using this site or any services offered by this site.
By using this Site or purchasing goods and services offered by this Site, or printing, downloading, or otherwise using any service from this Site, or registering or becoming a member of this Site, you signify your assent to and agree with these Terms of Services. If you do not agree to all of these Terms of Services, please do not use or register with this Site.
Nature Of Transaction In The Site
1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Emesco Books does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
2. Orders placed through this website by the Buyer shall be communicated to the seller and such order shall not be construed as acceptance by the seller to supply the said order. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order in part wherein the quantities exceed the limit of supply. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the limit of supply. What comprises a limit of supply shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
Quality Of Books
There may be minor difference/deviations in the specifications like Size, Shape, Color and Material of the actual product delivered viz a viz the product displayed in the Website, as the products offered by the sellers are All types of Books. However the Site assures that such deviations shall not amount to damages and/or poor manufacturing quality which in case shall be governed by the Replacement / Refund Policy.
Updates And Revisions Of Our Terms Of Services
This Site may revise and update its Terms of Services at any time without notice by posting such revised or updated Terms of Services on or at this Site. Any changes to these Terms of Services will become effective upon posting such revisions or updates. You are required to periodically check our Terms of Services for any changes, if you continuously use this Site. Your continued usage of this Site or any of its goods and services will mean that you accept those changes.
Eligibility And Registration
You must be 18 years or older to avail the services of The Site. By registering for the Site service, you represent and warrant that you are 18 years or older and that you have the capacity to understand, agree to and comply with these Terms of Service.
User Information
All personal information of the user including but not limited to that of their dependents or guardians as the case may be will be collected, stored and used by The Site for the sole purpose of Transacting online towards purchase of products listed in the site, as well as notify the user of various products and services that will be made available from time to time by the Site or its sister concerns. We will however not disclose user's information (including email address) to third parties unless otherwise requested by the user in writing through e-mail or snail mail except when such information is requested by the appropriate government or law enforcement authorities as required by the law.
If you prefer not to be notified of any release or to receive any product information from the Site or its sister concerns, please contact us via email, phone, or mail to make your request to be removed from our email list.
Payment
Payment for the services has to be made in advance as per the directions provided by the Site. All services will commensurate only on receipt of the full payment and confirmation sent by the company thereof.
Service Charges
This Site reserves the right to charge fees for their services, subscription and/or membership on reasonable prior notice. Such notice will be appearing on the site by displaying the new / revised charges for the service/s and/or product/s as offered from time to time with or without modifications and on such display it will be presumed to be read by all users whether registered or not and no further notice would be required. The same will apply when any service/s or products that are offered for free currently are made chargeable.
Replacement Guarantee
Emesco Books's Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within 1 week, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions:
1. Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within 1 week and the same product/s will be replaced in return of the defective product/s.
2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.
Following products shall not be eligible for return or replacement:
(a). Damages due to misuse of product;
(b). Products with tampered;
(c). Any damage/defect which are not covered under the manufacturer's warranty;
(d). Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
(e). Products which is 'made to order' on customer's request.
If the Site has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, Emesco Books may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Emesco Books will not be allowed to return their products.
Emesco Books reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Emesco Books may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Links And Third-Party Advertising
This Site contains or may contain links to other websites, including third-party advertising. We want to highlight that we are not responsible or liable for such other websites or companies or for their Terms of Services. We do not screen or endorse such other websites. This Site expressly disclaims any liability, directly or indirectly, for any damages whatsoever incurred by any user in connection with the use of any website or companies, the access to which was found through this Site. If you decide to access any such other websites, you do so entirely at your own risk.
No Unauthorized Copying Of Content Of This Site
By using this Site you agree to prevent any unauthorized copying of this Site or any of the content contained therein. You represent and warrant that you will not illegally download, copy, or redistribute any of the content appearing on this Site. You will be obligated to immediately destroy any information or content you have illegally downloaded, printed or otherwise copied from this Site.
Usernames And Passwords
The username and a password wherever applicable given to you by this Site shall remain the sole and exclusive property of this Site and are issued to you only in the form of a revocable license. You are required to keep the username and password confidential.
Copyright And Trademark Protection
1. Copyright Protection
All works and content included, contained or offered on this Site, in particular all literary works, pictorial and graphical works, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format are the property of the owners of this Site or their content suppliers and are protected by national and international copyright laws. The aforementioned copyright protection also refers to compilations or all forms of alteration of all content on this Site. We will report and prosecute offenders of our copyrights to the fullest extent of applicable law.
2. Trademark Protection
All logos and other trademarks and service marks which you may find on this Site may be trademark protected by national and international trademark and service mark laws. These trademarks and service marks may not be used publicly except with express written permission from the owner of these trademarks and service marks. You are not allowed to do anything which may cause confusion among consumers with respect to the aforementioned trademarks and service marks.
Disclaimer Of Warranty
The service of this Site and all materials contained therein are provided on an 'As is, Where is' basis without warranty of any kind, either express or implied, including but not limited to, any implied warranties of fitness for a particular purpose, quality, suitability, truth, accuracy or completeness, title, or non-infringement other than those which are implied by and incapable of exclusion, restriction or modification under applicable law in your jurisdiction. You expressly agree that use of this site or any of the materials contained therein is at your discretion and at your own and sole risk. No oral or written information or advice given by this Site or the employees or affiliates of this Site shall create or imply a warranty or in any way increase the scope of liability of the owners of this Site. This Site makes no representations or warranties whatsoever about any other website which you may access through this Site. When you access through this Site another website, please be aware that it is completely independent; this Site has no control over the content on that other website. This Site is not responsible to you for any transmission problems of downloaded or otherwise used content of this Site or any form of website downtime. This Site does not warrant that this Site will be uninterrupted, timely, secure, or error-free or those defects in or on this Site will be corrected. You also acknowledge and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of material or data which you may find in or on this Site.
Email Services
On selection of email Alert service you agree & grant non-exclusive, permission & irrevocable right to send emails & alerts by way of messages or other formats as time to time decided by us on commercial expediency prudence and that your prior permission to continue or change such method is deemed to have been agreed & granted by the user.
Limitation Of Liability
In no event will this Site or its members, managers, officers, employees, agents, affiliates, and the assigns of same be liable to you, or any other third party for
- any direct, indirect, incidental, punitive, or consequential, damages, including, without limitation, damages for loss of profits or goodwill, business interruption, loss of programs or information, and the like, arising out of the use of or inability to use this Site, the materials or any information, or transactions provided or offered on this Site or downloaded from this Site, whether such liability is asserted on the basis of contract, tort or otherwise, even if this Site or its authorized representatives have been advised of the possibility of such damages, or
- any claim attributable to errors, omissions, or other inaccuracies in or on this Site, the materials and/or listings or information downloaded, provided, or offered through this Site.
Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, this Site's liability is limited to the greatest extent permitted by law.
In no event shall this Site's maximum total aggregate liability for direct damages exceed the total cost actually paid by you for the product that is live at the period of discrepancy if any.
This Site is only a platform. This Site or its members, managers, officers, employees, agents, affiliates, and the assigns of same are in no way responsible for the content of the mails of the editor(s).
This Site or its members, managers, officers, employees, agents, affiliates, and the assigns of same are in no way responsible for third-party services offered on or used by this Site. The respective third party, for example, payment systems, etc. are solely responsible for their own services. We do not warrant or represent any of its services in any way or form.
Emesco Books does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Emesco Books does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Emesco Books accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Emesco Books is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Emesco Books cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Emesco Books shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
Emesco Books does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
At no time shall Emesco Books hold any right, title or interest over the products nor shall Emesco Books have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Emesco Books is not responsible for unsatisfactory product or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Emesco Books is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Disclaimer:
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Indemnity
Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such order(s) by the buyer.
You release and indemnify Emesco Books and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Emesco Books cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Force Majeure
This Site is and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond this Site's reasonable control, including but not limited to the following:
- Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters;
- War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
- Molestias, eum nihil expedita dolorum odio dolorem
- Fiber cuts;
- Strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
- Failure of the telecommunications or information services infrastructure; and
- Hacking, SPAM, or any failure of a computer, server or software.
Termination Of Membership
- Without limiting other remedies, this Site may issue a warning or terminate your access to this Site at any time, with or without advance notice or permission, if
- We believe that you have breached any material term of these Terms of Services.
- We are unable to verify or authenticate any information you provide to us.
- We decide to stop operating this Site entirely or parts thereof.
You agree and acknowledge that neither this Site nor any third party acting on our behalf shall be responsible or liable to you for any termination of your membership or access to this Site. After termination by us, re-registration of you as a user of or on this Site is strictly forbidden. This Site and its affiliates disclaim any and all liability or responsibility arising from fraudulent entry and use of this Site. In case of fraud, we will take all necessary and appropriate actions under applicable federal, state, and international laws.
Notice
Any notice required to be given under these Terms of Services may be provided by email to a functioning email address of the party to be noticed or by a general posting on this Site, though it is not mandatory. Notices by you to us shall be given by email or other electronic messages unless otherwise specified in these Terms of Services. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the email server.
Jurisdiction
The Agreement shall be governed by the Laws of India. The Courts of law at Chennai shall have exclusive jurisdiction over any disputes arising under this agreement.
Attorney's Fees
In the event any party (you or this Site) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms Of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.
No Assignment
Neither these Terms of Services nor any rights or membership granted to you hereunder may be sold, leased, assigned, shared or otherwise transferred, in whole or in part by you.
Severability
If any provision of these Terms of Services shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms of Services will continue in full force and effect.
No Waiver
Failure by either party to enforce any provision of these Terms of Services will not be deemed a waiver of future enforcement of that or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.
Headings
Section and subsection headings of these Terms of Services are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
Entire Agreement
These Terms of Services constitute the entire agreement between this Site and you with respect to your access and use of this Site and the content contained therein, and your membership with this Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms of Services shall be binding unless in writing and signed by both parties. You acknowledge, represent and warrant that you have read these Terms of Services and agree to be bound by them as part of and in consideration of using this Site and, if you have become a member of this Site, of your membership.
I HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS AND CONDITIONS MENTIONED HEREINABOVE AND HEREBY CONFIRM MY ACCEPTANCE TO THE SAME. I SHALL ADHERE TO ALL THE TERMS AND CONDITIONS MENTIONED IN THIS TERMS OF SERVICE.
Privacy Policy
This Site's Privacy Policy is available by clicking on the link 'Privacy Policy'. Please read the Privacy Policy Section carefully before using this Site.
