TERMS OF USE

TERMS OF USE

 

Bookosmia Private Limited (“Bookosmia”) provides this site which shall be available for use, subject to the following conditions. By visiting the www.bookosmia.com (the “Site”), you accept these conditions In the event you do not accept any of these conditions, please do not to avail any of the services on the Site. Upon availing any service, you will deemed to have accepted the following conditions. Further the use of the Site, will be subject to the guidelines, terms and agreements applicable to the business of Bookosmia.

 

These Terms of Use are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the Rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use are generated by a computer system and do not require any physical, electronic or digital signature.

 

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS SITE.

 

Copyright

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bookosmia or its affiliates or its content suppliers and protected by international copyright laws for the time being in force. The compilation of all content on this Site is the exclusive property of Bookosmia, and all software used on this Site is the property of Bookosmia, its affiliates or its software suppliers and protected by international copyright laws for the time being in force.

 

Trademarks

Bookosmia, the Bookosmia logo and other marks indicated on our Site are intellectual property rights of Bookosmia. Bookosmia’ s trademarks and intellectual property rights may not be used in connection with any product or service that is not provided by Bookosmia, in any manner that is likely to cause confusion among users, or in any manner that discredits Bookosmia or its affiliates. All other trademarks not owned by Bookosmia or its affiliates that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bookosmia or its affiliates.

 

License and site access

Bookosmia grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bookosmia and / or its affiliates, as may be applicable. This limited license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this Site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bookosmia and / or its affiliates, as may be applicable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bookosmia or its affiliates without their express written consent. You may not use any meta tags or any other “hidden text” utilizing Bookosmia ‘s or its affiliates name or trademarks without their express written consent. Any unauthorized use terminates the permission or license granted by Bookosmia and / or its affiliates. You may not use any logo or other proprietary graphic or trademark of Bookosmia or its affiliates as part of the link without their express written permission.

 

Your activity on the Bookosmia

The Site is intended the exclusive purpose of aggregating literary content, identifying offerings, customising them, and then providing access to the same to subscribers, users and patrons of Bookosmia for their personal consumption and for domestic purposes and for no other purposes. Bookosmia and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion.

The Site shall not be used in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way.

You, and not Bookosmia, are responsible for all electronic communications and content sent from your computer/laptop/mobile device to Bookosmia and you must use the Site for lawful purposes only and only in accordance with the applicable law. You will be liable for all uses of the account whether or not such use is authorized by you, including but not limited to submitting information or answering questions through this Site.  Bookosmia is not liable for password breaches.

 

User Information

Users are solely liable for the authenticity of the information provided by them. Bookosmia does not guarantee the authenticity of the information that is obtained from users either as a part of the registration process or for a purpose of providing a service. Bookosmia agrees to maintain the confidentiality of such information on mutually agreeable terms and to share it with third parties with the consent of the users and for the purpose agreed.

 

User License

If User submits material, and unless we indicate otherwise, User grants Bookosmia and its affiliates a nonexclusive, royalty-free, irrevocable, perpetual and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said licence under applicable law. You hereby grant Bookosmia and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. Bookosmia has the right but not the obligation to monitor and edit or remove any activity or content. Bookosmia takes no responsibility and assumes no liability for any content submitted by the User or any third party.

 

Copyright Complaints

Bookosmia and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes infringement of your intellectual property, please bring that to our notice, with valid supporting documents / evidences, for us to evaluate the claim, before taking such appropriate action as would be deemed expedient.

 

Services Description

Bookosmia and its affiliates attempt to be as accurate as possible, and takes adequate precautions to avoid any mistakes, errors, and assures to positively attend to all such complaints, escalations on the mistakes, errors or omissions which may be brought to the notice of Booksmia by the User. Further, Bookosmia does not warrant that descriptions of or other content of this Site is always accurate, complete, reliable, current, or error-free. Bookosmia may provide links to other sites over which Bookosmia has no control. Bookosmia is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.

 

Goods Specification

Bookosmia confirms and the User agrees that the Goods offered or otherwise dealt with on the Portal by Bookosmia, is done at a generally accepted standards of quality and utility as is prevalent in the market, and can be used for the purposes, it is meant and offered for sale, and that Bookosmia strives to constantly develop, fine tune and otherwise improve on the quality, quantity, specification, performance, utility or otherwise characteristics of the products offered on the Portal, and encourages the Users to verify and satisfy the quality of the products offered on the Portal before making any purchases. The Return of Goods and / or exchange of Goods offered on the Portal shall be subject to such policies, and to the extent specifically indicated against the product catalogued on the Portal. [LS Comment: We understand that you are not an e commerce website and will not be selling any goods. Please confirm]

 

Nature of Arrangement

The Users, understand and acknowledge that the Site is an online platform that enables the User to purchase products listed and offered on the Site at the price indicated therein at any time from any location. The User further agree and acknowledge that Bookosmia is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Site. [LS Comment: We understand that you are not an e commerce website and will not be selling any goods or acting as an aggregator for sellers and buyers. Please confirm]

 

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us within the specific area assigned for your information, in the Site. Site reserves the right to refuse access to the Site, terminate accounts, remove or edit content at any time without notice to you. In the event the details provided are found to be incorrect, Bookosmia shall not be held responsible for communication or dispatch of goods to persons, companies or address as disclosed by you.

 

GDPR Compliance Statement

Bookosmia respects and complies with the EU General Data Protection Regulations (GDPR). Our Privacy Policy explains our compliance with the Regulations in detail. Some of the key ways we comply with the Regulations are as follows

  • Consent: We clearly explain what you are consenting to ask you to explicitly consent to contact from us.
  • Breach Notification: In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.
  • Right to Access: Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Upon your request, we shall provide a copy of the personal data in an electronic format.
  • Right to be Forgotten: Once we have compared your rights to “the public interest in the availability of the data,” we may delete your personal data where you have requested this.
  • Data Portability: We allow you to receive the personal data concerning you, which we will provide in a “commonly used and machine-readable format” and you have the right to transmit that data to another “controller”.

Privacy by Design: We implement appropriate technical and organizational measures, in an effective way, in order to meet the requirements of GDPR Regulations and protect the rights of data subjects. We hold and process only the data absolutely necessary for the completion of our duties (data minimization), as well as limiting the access to personal data to those needing to act out the processing.

 

Access to Site

We will do our utmost to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

Your Conduct

You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Bookosmia, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You must not use the Site for any of the following:

 

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity

 

  • to send, use or reuse any material that does not belong to you; or is illegal, offensive, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, or menacing; ethnically objectionable, disparaging or in breach of any IPRs or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or impersonates another person; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam.

 

  • to cause annoyance, inconvenience or needless anxiety.

 

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Site; that, as at the date that the content or material is submitted to the Site: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Site policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Bookosmia and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

 

Disclaimer of warranties and limitation of liabilities

This Site is provided by Bookosmia on an “as is” and “as available” basis. Bookosmia makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this Site. you expressly agree that your use of this Site is at your sole risk. Bookosmia reserves the right to withdraw or delete any information from this Site at any time in its discretion.

You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Site. While we have taken precautions to avoid inaccuracies in content, this Site, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.

 

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Claims against Objectionable Content

If you believe that any content on the Site is illegal, offensive, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately by writing to us at 87, 2nd East Main Road, ITI Layout, Banashankari 3rd Stage,Bangalore 560085 or email at support@bookosmia.com. Once we are notified of the same, Bookosmia will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

 

Copyright, authors’ rights and database rights

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bookosmia, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this Site is the exclusive property of Bookosmia and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Site is the property of Bookosmia, its affiliates or its software suppliers and is protected by India and international copyright and author’ rights laws.

You may not systematically extract/ or re-utilise parts of the contents of the Site without Bookosmia and / or its affiliate’s (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site, without Bookosmia and / or its affiliate’s (as may be applicable) express written consent.

 

Our Address

This Site is owned and operated by Bookosmia Pvt Ltd. You can contact us by writing to us at 87, 2nd East Main Road, ITI Layout, Banashankari 3rd Stage,Bangalore 560085 or email at support@bookosmia.com.

 

Other Conditions

Please read these conditions carefully before using the Site. By using the Site, the User signifies his / her agreement to be bound by these conditions.

In addition, when the User uses any current or future Site service (eg. Wish List or Marketplace) (“Bookosmia Service”), the User will also be subject to the terms, guidelines and conditions applicable to that Bookosmia Service. (“Terms”).

 

Communications

When you visit Site or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order. Such communication may be made for purposes that include but may not be limited to clarification calls, calls to update/ procure information with regard to services, marketing and promotional calls, contacting through information received from third parties and so forth. In case you wish Bookosmia to cease sending you such communications, please intimate us on __________________________.

 

Consent

As a part of any ongoing contests or otherwise, Bookosmia may invite submission for articles, stories, poems, and so forth (“Content”) from minors. Such Content may be eligible for publication on Bookosmia’s Site and/or payment as declared by Bookosmia.

You consent as a parent and/or legal guardian to a minor for such submission of personal information of the minor including but not limited to name, personal details, school details and so forth being submitted in context to submission for such Content. You further consent that such Content is subject to being edited and altered quantitatively and qualitatively to meet in-house requirements of Bookosmia.

 

Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

 

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the Site or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Applicable Law

By visiting this Site, you agree that the laws of India, as is applicable in Bangalore, Karnataka, will govern these Terms of Use and any dispute of any sort that might arise between you and Bookosmia or its affiliates.

 

Disputes

Any dispute relating in any way to your visit to this Site shall be submitted to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India.­­

 

Privacy

The Privacy Policy, which is elsewhere placed on the Site, shall be applicable to all interactions through the Site, and all information that may be collected through the Site.

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