Terms and Conditions

Terms and Conditions

Effective date of terms of use: December 19, 2012
These terms and conditions apply to this website and any other website, application, online portal or service that is in any way related or linked to this website and/or its terms and conditions such as author websites and such created, operated and/or made available by Prarthna Singh (collectively referred to as sites). All software used on this Site and all content included on this site (including without limitation site design, text, graphics, audio and video and the selection and arrangement thereof) and the book titled “Har Shaam Shaheen Bagh” hereinafter referred to as “Book”) is the property of Prarthna Singh (hereinafter referred to as ‘PS’) and is protected by copyright laws.

These terms and conditions form the contract of usage between “you” (user) and “us” or “we” (PS) and govern your use of the sites and purchase of the Book, as applicable. This agreement, together with all updates, supplements, additional terms, and all of any other rules and policies communicated by PS, collectively constitute and shall be referred to as the “Agreement” between you and PS. By accessing this site and/or pre-order and/or purchase of the Book, you are giving your consent to be bound by this agreement. If you are not do not agree with the terms of usage provided as terms and conditions, you must leave this site immediately.

Your use of this site does not provide you with the ownership of any content or material available on the website and/or the Book.

We have made every effort to display the images from the Book as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of colour will be accurate.

Cancellation & Refund Policy

You cannot cancel the order and demand refund once the order is successfully placed and processed by the payment gateway. We do not entertain returns after the pre order an/or purchase of the Book is successfully placed and payment is made by you. You are requested to place the order only if you agree with this term. Further, no exchange or refunds will be given in the following cases:

Incorrect or insufficient address mentioned by the customer

Non-availability of recipient at the mentioned address and/or premises

Refusal to accept products

Delivered at the place/to the person specifically mentioned by the customer other than the customer himself

Force majeure event
In case the product has undergone any tampering by you or the recipient of the Book

All content on this site and contained in the Book including but not limited to the text, music, sound, photograph, videos, graphics and images are governed protected by the Indian Copyright Act, 1957 and subsequent amendments, the Trademark Act, 1999 and the subsequent amendments, moral rights, and other laws relating to intellectual property rights.

None of the content contained in the site and/or Book may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder i.e. PS.

Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on the Sites and/or Book. Such permission and requests to republish and/or reuse any of the content and to use quotations or extracts from the Book purchased (including pre-order) on the website, should be sent to

Email to: info@harshaamshaheenbagh.com

Links to third party web sites

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

Payment for Book

In order to purchase of place a pre-order of the Book, PS or a vendor or agent appointed by PS 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 PS and/or the vendor or agent appointed by PS 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

By registering for, accessing, using, and/or downloading any service, placing an order to pre-order or purchase the Book, you consent to the collection and use of your personal information as outlined in this Privacy Policy.

Collection, Use and Disclosure of Personal Information

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect, use and disclose personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as may be required by law for any other purpose.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We will only retain personal information for as long as necessary for the fulfilment of those purposes.
Your personal information may be used or disclosed to:

administer and operate this Website;
personalize and improve your experience on this Website;
enable your access to and use of the Website and any of its services;
publish information about you on the Website; and
send you relevant marketing communications

Notwithstanding anything elsewhere set out in these Terms or in the Privacy Policy, it is clarified that any use or disclosure of personal information submitted on the Website shall not be in any manner contrary to applicable laws, as may be amended from time to time.

Links

This Website may contain links to other websites that may collect personally identifiable information about you. PS is not responsible for the privacy practices or the content of those linked websites.

Data Security

PS will make best efforts to take all such reasonable technical and organisational precautions to prevent unauthorised access, loss, misuse or modification of your personal information.

Amendment of Privacy Policy

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. PS reserves its right to amend or modify in any manner as it deems fit the Privacy Policy from time to time, at its sole and absolute discretion.

Disclaimer and Limitation of Liability

Your use of and browsing of the Sites, pre-order or purchase of the Book are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITES AND IN THE BOOK, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE I.E. THE BOOK, 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. PS 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. PS 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. PS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITES AND/OR BOOK IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PS) 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 PS OR ANY VENDOR(S) BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITES AND/OR BOOK, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, ETC.. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE, BOOK AND SERVICES AVAILABLE THROUGH THE SITES.

IN NO EVENT SHALL PS OR ANY ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR APPOINTED BY PS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES AND/OR THE BOOK AND/OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF PRH OR A PRH 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 PS’S 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 PS and agents appointed by PS 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 Book, or the Sites or the Internet or the placement or transmission of any message or information on the Sites by you.

FORCE MAJEURE

Neither PS nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: delay in delivery of the Book, fire, lightning, explosion, power surge or failure, water, acts of God, war, pandemic, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Governing Law

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 Mumbai, India, in all disputes arising out of or relating to the use of the Sites and/or the Book. 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. PS’s 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 PS only, which shall then be governed as per the Arbitration and Conciliation Act, 1996.

Agreement

This Agreement is the entire agreement between the user and PS and supersedes any prior understandings or agreements (written or oral).