1.1 The online portal thechildrensbookbin.com (hereinafter referred to as “the Website”), owned by “The Children’s Book Bin” having its place of business at L-1002, Orchard, Godrej Garden City, Ahmedabad, Gujarat, India 382470
- “You” or “User” shall mean any natural or legal person who has agreed to become a user by accessing the Website and the contents therein. The Website also providing its services without registration/acceptance does not absolve You of this contractual relationship.
- The terms “We”, “Us”, “Our” shall mean the website or “The Children’s Book Bin”.
- The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
1.5 Using the Website shall be taken to mean that you have read and agreed to all of the policies so binding in you and that you are contracting with the Company and have undertaken binding obligations with the company. If you do not agree with any of these terms, please discontinue using the Website.
The Website is a platform for you to browse and purchase pre-owned and new children’s books. All the products displayed on the website constitute an “invitation to offer” and any order you make is an “offer”. We may either accept or reject this offer in our sole discretion.
3. USE OF WEBSITE
3.2 This User Agreement sets out the terms and conditions on which we shall provide the Services to the Users through the Website. The Users shall be deemed to have read, understood and accepted this Agreement, which may be updated or modified by us from time to time.
3.3 The use of the Website is offered to the Users conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and as may be posted on the Website from time to time. This Agreement shall be effective and binding upon Users’ ‘acceptance’. ‘Acceptance’ shall mean Users’ affirmative action in clicking on “I have read the Terms and Conditions and I accept them” box and on the Submit button as provided on the registration page. For removal of doubts, it is clarified that use of the Website by the Users also constitutes an acknowledgement and acceptance by the Users of this Agreement. If the User does not agree with any part of such terms, conditions and notices, the Users must not use the Website.
3.6 You hereby certify that you are at least 18 years of age.
3.7 You agree to ensure the email address provided is valid at all times and will keep your contact information accurate and up-to-date. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to refuse any and all current or future use of the Website (or any portion thereof).
3.8 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.
4.1 We hold the sole right to modify the Terms of Service without prior permission from You or informing You. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
4.2 We reserve the right to temporarily disable or permanently discontinue any and all operations of the Website.
5. USER OBLIGATIONS
5.1 Any person may access the Website and the products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
5.2 If you wish to register yourself with the Website, you shall be required to create an account with your email account or by filling in the details prescribed in the Website registration form during the checkout process. You will have the option to choose your own password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. “The Children’s Book Bin” and thechildrensbookbin.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
5.3 The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
5.4 You agree, understand and confirm that the credit card details provided by you for availing of services on Company will be correct and accurate and you shall not use the credit card which is not lawfully owned by you.
5.5 The Users shall not use the Website in such a manner as to threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5.6 The User understands and agrees that we are not responsible for any defect, delay or interferences in the use of the payment gateways while making the payment for a transaction.
5.7 The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will ‘We’ be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against “The Children’s Book Bin” or thechildrensbookbin.com in this regard.
6. SHIPMENT & DELIVERY
6.1 The User understands that any order placed shall be processed only on the receipt of the payment due to the Company and the delivery shall be made within a period of 5 (five) to 7(seven) business days.
6.2 The Children’s Book Bin shall not be responsible for any delay in the delivery of the Products. The Children’s Book Bin shall not be liable for any damage to the product in transit due to mishandling by the logistics partner.
All goods are offered for sale subject to available stock. If an item is out of stock, you have the option to request to be notified when the item becomes available in stock again. However, submitting a request for notification does not guarantee that you will be able to complete a purchase for the said item and is still subject to availability as well as placing an order via the website when the item comes into stock.
8. WEBSITE ACCESS
8.1 The Company grants you a limited license to access and make personal use of the Website and avail the services. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any content available through the Website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Company to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by the Company.
9. PRICING INFORMATIONAND PAYMENTS
9.1 Prices and availability are subject to change without any prior notice. While the Company strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, the Company may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. The Company will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that the Company accepts your order the same shall be debited to your credit card account. The payment may be processed prior to the Company’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
9.2 While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
3. Any payment issues arising out of the transaction, or
4. Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
5. Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
10. CANCELLATION OF ORDERS
10.1 The Company reserves the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
10.2 In case of requests for order cancellations by the Users, the Company reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. The Company has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Company and accept the Company’s decision regarding the cancellation.
11. LIMITATION OF LIABILITY
You expressly understand and agree that company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to damages resulting from lost profits or revenue, loss of opportunity, goodwill, use, data or other intangible losses (even if company has been advised or should have known of the possibility of such damages), resulting from use of the website, sale and supply of goods, content or any related/unrelated services and other services offered on the website from time to time.
If for any reason, law does not permit exclusions of liability then, the liability of the company shall be limited to such amount paid by the user and retained by the company for the transaction in question.
11.1 The Company assumes no liability whatsoever for any monetary or other damage suffered by User on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website
- Any interruption or errors in the operation of the Website.
11.2 Users expressly understand and agree that the Company 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 ‘The Children’s Book Bin’ has been advised of the possibility of such damages) Resulting from the use of the website, sale and supply of goods, content or any related/unrelated services and other services offered on the website from time to time.
11.3 The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. The Company is not liable for temporary unavailability of the Website, the failure of individual or all Website functions, or incorrect functioning of the Website.
11.4 Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with the User’s use of or access to the Website or the Product.
12.1 You agree to indemnify, defend and hold harmless “The Children’s Book Bin” from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ‘”The Children’s Book Bin” that arise out of, result from or in connection with:
1. The User’s breach of these Terms; or
2. Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or
3. Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
4. Violation of any rights of any third party by the User, including any IPR.
Each an “Indemnity Event”
12.2 Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
13. INTELLECTUAL PROPERTY RIGHTS
All contents including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by or licensed by or to “The Children’s Book Bin” and is protected by copyright, patent, trademark laws, and other intellectual property rights and unfair competition laws. Except as expressly provided herein, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way or by any means for publication or distribution for any public or commercial purpose, without prior written permission of “The Children’s Book Bin”
Every User hereby grants “The Children’s Book Bin” a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. “The Children’s Book Bin” shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
15. REPORT ABUSE
In the event you come across any abuse or violation of the Terms or if You become aware of any objectionable content on the Website, please report to email@example.com
16. NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from “The Children’s Book Bin” by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from “The Children’s Book Bin” at any time by following the procedure set forth in the Website.
17.1 The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the Union of India as applicable in the State of Gujarat. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and courts located in Gujarat, and you hereby submit to the personal jurisdiction of such courts.
18. GENERAL PROVISIONS
18.1 Notice: All notices from “The Children’s Book Bin” will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to “The Children’s Book Bin” pursuant to the Terms should be sent to firstname.lastname@example.org
18.3 Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision.
18.4 Waiver: Any failure by “The Children’s Book Bin” to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
18.5 Feedback and Information. Any feedback you provide to this Website shall be deemed to be non-confidential. “The Children’s Book Bin” shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that
(i) Your feedback does not contain confidential or proprietary information of You or of third parties;
(ii) “The Children’s Book Bin” is not under any obligation of confidentiality, express or implied, with respect to the feedback;
(iii) You are not entitled to any compensation or reimbursement of any kind from “The Children’s Book Bin” for the feedback under any circumstances.
18.6 Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.