THESE TERMS AND CONDITIONS (“USER AGREEMENT “) GOVERN YOUR USE OF THE WEBSITE http://www.thedogearsbookshop.com (THE “WEBSITE”) OPERATED BY THE DOGEARS BOOKSHOP, MARGAO, (HEREINAFTER REFERRED TO AS “DOGEARS”) . BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE USER AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE.
1. CHANGES TO THESE TERMS AND CONDITIONS
Dogears may, at its discretion, change, supplement or amend these Terms and Conditions as they relate to Your future use of the Website from time to time, for any reason, and without any prior notice or liability to You or any other person, by posting the modified Terms and Conditions on the Website. This Agreement is effective upon acceptance on registration for new registering users. Each time you use the Website, You acknowledge and signify that You have read, understood, and agreed to be bound by these Terms and Conditions as they then read. In addition, we will notify you in accordance with your Notification Preferences. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
2. THE DOGEARS CUSTOMER AGREEMENT
These Terms and Conditions supplement the Dogears Customer Agreement, which applies to registered/transacting Dogears customers. The Dogears Customer Agreement may be viewed below.
3. PERMISSION TO USE THE WEBSITE
The Website may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the Website must comply with all applicable laws. Persons may not use the Website in jurisdictions where access to or use of the Website or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, You may no longer use the Website. Dogears may at its discretion refuse you permission to access and use the Website.
You may access and browse the Website only using commercially available, SSL-capable Web browser software. The Website and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Dogears. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website.
4. MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You cannot register as a member of the Website and cannot sell or purchase any items on the Website. If You wish to purchase an item on the Website, such a purchase may be made by Your legal guardian or parents who have registered as users of the Website, provided that such purchase is not in relation to any adult material/mature audience items displayed on the Website, the sale of which to/by minors is strictly prohibited. Dogears reserves the right to terminate Your membership and refuse to provide You with access to the Website if Dogears discovers that You are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by Dogears. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
5. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If You use the Website, 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. You agree to:
- Provide true, accurate, current and complete information about Yourself as prompted by Dogears’ registration form (such information being the “Registration Data”)
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
By using the Web site, you confirm that You have read, understood, and agreed to be bound by the User Agreement.
6. NO ADVICE
The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.
7. ELECTRONIC COMMUNICATIONS
When You visit the Website or send emails to Dogears, via [email protected], you are communicating with Dogears electronically. You consent to receive communications from Dogears electronically. Dogears will communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Dogears provides to You electronically satisfy any legal requirement that such communications be in writing. Communications sent to Dogears by means of the Website or email are not considered delivered or effective unless and until they are actually received and processed by a Dogears responsible representative.
8. USE OF WEBSITE
Dogears permits the sale and dispatch of only those Items listed on the Website which the Buyer has agreed to buy according to the description of the Item as posted.
You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold on the Website any such detection would make You liable towards Dogears and You shall also be liable to pay such damages as may be computed by Dogears.
You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies).
9. PAYMENT OPTIONS
Payments for items purchased on the Website can be made through the following methods:
i) Cheques, ii) Demand Drafts, drawn in favour of CinnamonTeal Design and Publishing iii) Credit Card, iv) Debit Card, v) Online Bank Transfer, vi) Walk-In Bank Deposit, vii) Paypal.
10. PERSONAL INFORMATION PRIVACY
11. NO WARRANTY
Dogears and its suppliers provide the Website and services “as is”. You expressly agree that Your use of the Website is at Your sole risk.
You agree to keep us indemnified and hold Dogears and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of the TERMS AND CONDITIONS or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
13. RELATIONSHIP AND NOTICE
None of the provisions of the TERMS AND CONDITIONS shall be deemed to constitute a partnership or agency between you and Dogears and You shall have no authority to bind Dogears in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by the email address You provide to Dogears during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Dogears may give You notice by certified mail (Registered Letter/Parcel/Mail i.e., return receipt requested) to the address provided to Dogears during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
14. WARRANTY DISCLAIMER AND LIABILITY EXCLUSION AND LIMITATION CLAUSES
In no event shall Dogears or its suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence). Dogears, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, currency and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Dogears assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website. You expressly understand and agree that Dogears shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dogears has been advised of the possibility of such damages).
- The Websites are provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by Dogears to the fullest extent permitted by law.
In no event will Dogears’ total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Dogears or any person for whom Dogears is responsible, exceed the lesser of Rs. 25/- or the purchase price of the Item that is the subject of the claim.
The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.
Without limiting other remedies, Dogears may limit Your activity, immediately remove or end Your listing, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate Your membership, and/or refuse to provide You with access to the Website:
- If You breach the Terms and Conditions or the documents it incorporates by reference;
- If Dogears is unable to verify or authenticate any information You provide; or
- If it is believed that Your actions may cause legal liability for You, other Users or Dogears.
Dogears may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Dogears or use the Website in any manner whatsoever until such time that such User is reinstated by Dogears. Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, Dogears reserves the right to recover any amounts due and owing by you to Dogears and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
If any dispute arises between You and Dogears during Your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Dogears. The place of arbitration shall be Goa, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
17. GOVERNING LAW
The User Agreement shall be governed and construed in accordance with the laws of India and courts in Goa, India shall have the exclusive jurisdiction for any claims and/or proceedings against Dogears.
Wherever the context or the meaning requires the terms “You” shall mean and include “I” and the “registered user”
If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties.
You expressly request and require that these Terms and Conditions be drawn up in the English language.
Any rights not expressly granted in these Terms and Conditions are reserved to Dogears.
These Terms and Conditions are subject to change without notice.
The Dogears Bookshop
Copyright © 2006. All Rights Reserved.