These are the terms and conditions governing your use of the website www.42bookz.com (hereinafter referred to as "the Site") and the general principles for the websites of 42Bookz subsidiaries. This Agreement is effective upon registration as new users; 42Bookz may amend the User Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty days after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. The User Agreement was last revised on November 15, 2007. 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.
1. Membership Eligibility
Use of the Site 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 Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot purchase any items on the Site. If you wish to purchase an item on the Site such purchase may be made by your legal guardian or parents who have registered as users of the Site. 42Bookz reserves the right to terminate your membership and refuse to provide you with access to the Site if 42Bookz discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by 42Bookz. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Your Account and Registration Obligations
If you use the Site, 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:
1. Provide true, accurate, current and complete information about yourself as prompted by 42Bookz's registration form (such information being the "Registration Data")
2. You must 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 42Bookz has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, 42Bookz has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
3. Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the 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.
4. Fees and Services.
Membership on the Site is free. 42Bookz does not charge any fee for browsing, bidding and buying on the Site.
The Fee Charging and Credit policies on 42Bookz are effective from November 15th, 2007. However, 42Bookz reserves the right to change its Fee Charging and Credit policies from time to time. In particular, 42Bookz may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event 42Bookz reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site.
You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon. 42Bookz reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to 42Bookz. 42Bookz also reserves the right to take legal action in case of non-payment of fees by you to 42Bookz.
5. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
1. Your Information shall not be false, inaccurate or misleading.
3. In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to your knowledge, you shall take all steps to inform 42Bookz of the same.
4. 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 regarding your use of our service, purchase, and solicitation of offers to purchase.
Payments for products on the Site can be made through the online payment facility provided called 2Checkout. At present 2Checkout supports Credit Card Payments and Online Bank Transfers for certain International Banks.
As a Buyer using 2Checkout for making a payments on the Site you agree to be bound by the terms and conditions governing the use of 2Checkout for making payments to 42Bookz.
Without limiting other remedies, 42Bookz may limit your activity, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Site:
1. If you breach the User Agreement or the documents it incorporates by reference;
2. If 42Bookz is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or 42Bookz.
42Bookz 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 42Bookz or use the Site in any manner whatsoever until such time that such User is reinstated by 42Bookz. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, 42Bookz reserves the right to recover any amounts due and owing by you to 42Bookz and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
All purchases (under the ‘ Buy Now ’ format) on the Site are a firm commitment to purchase. If you are the purchaser for any item and your purchase is accepted by 42Bookz, you are obligated to complete the transaction with 42Bookz.
An action to purchase may be increased in price or volume later but may not be withdrawn. Purchases cannot be canceled.
42Bookz strongly advises you not to test the site with false purchases, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit Card to buy.
Please be aware that even if you do not give 42Bookz your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
We encourage buyers on the Site to provide feedback about your buying experience.
10. No Warranty
42Bookz provides the Site and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk.
11. Limitation of Liability
In no event shall 42Bookz be liable for any direct, indirect, incidental, special, incidental, 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 Site, its services or this agreement (however arising, including negligence).
42Bookz's liability in any circumstance is limited to the amount of fees, if any, paid by you to 42Bookz. 42Bookz, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, 42Bookz assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site
2. Any interruption or errors in the operation of the Site. You expressly understand and agree that 42Bookz 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 42Bookz has been advised of the possibility of such damages).
You agree to indemnify and hold us and (as applicable) our parent, 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 User Agreement 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 User Agreement shall be deemed to constitute a partnership or agency between you and 42Bookz and you shall have no authority to bind 42Bookz in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail to 42Bookz, 4A, Diamond House, 35th Road, Near National College, Linking Road, Bandra (W), Mumbai, India 400050. or to the email address you provide to us 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, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any dispute arises between you and 42Bookz 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 42Bookz. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
14. Governing Law
The User Agreement shall be governed and construed in accordance with the laws of India