These
"Conditions of Use" constitute an electronic record within the meaning
of the applicable law. This electronic record is generated by a computer system
and does not require any physical or digital signatures.
1.
Your Account
If you use
the website and android application, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer to prevent unauthorized 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 secured 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 unauthorized 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 your account area
of the website. You agree and acknowledge that you will use your account on the
website or android application to purchase products only for your personal use.
Learnweel reserves the right to refuse access to the website and android application,
terminate accounts, remove or edit content at any time without notice to you.
2.
Privacy
Please
review our Privacy Notice, which also governs your visit to Learnweel.com or android
application, to understand our practices. The personal information / data
provided to us by you during the course of usage of Learnweel.com and Learnweel
android application will be treated as strictly confidential and in accordance
with the Privacy Notice and applicable laws and regulations. If you object to
your information being transferred or used, please do not use the website and
android application.
3.
E-Platform for Communication
You agree,
understand and acknowledge that the website and android application is an
online platform that enables you to purchase the products listed on the website
at the price indicated therein at any time. You further agree and acknowledge
that Learnweel is a facilitator and a seller and a party to control in any
manner any transactions on the android application and website. Accordingly,
the contract of sale of products on the website shall be a strictly bipartite
contract between you and Learnweel.
4.
Access to Learnweel
We will do
our utmost to ensure that availability of the website and android application
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 website and android application 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.
5. Your Conduct
You must not
use the android application and website in any way that causes, or is likely to
cause, the android application and website or access to it to be interrupted,
damaged or impaired in any way. You understand that you and not Learnweel.com
are responsible for all electronic communications and content sent from your
computer to us and you must use the website for lawful purposes only. You must
not use the website for any of the following:
·
For fraudulent purposes, or in connection with
a criminal offense or other unlawful activity
·
To send, use or reuse any material that does
not belong to you, or is illegal, offensive (including but not limited to
material that is sexually explicit content or which promotes racism, bigotry,
hatred or physical harm), deceptive, misleading, abusive, indecent, harassing,
blasphemous, defamatory, libelous, obscene, pornographic, paedophilic or
menacing; ethnically objectionable, disparaging or in breach of copyright,
trademark, confidentiality, privacy or any other proprietary information or
right; 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, political campaigning, commercial
solicitation, chain letters, mass mailings or any "spam
· To cause annoyance, inconvenience or needless anxiety
6. Reviews, comments, communications and other content
Users of
this android application and website may post reviews, comments and other
content; send communications; and submit suggestions, ideas, comments,
questions, or other information, as long as the content is not illegal,
obscene, abusive, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties, or
objectionable and does not consist of or contain software viruses, political a campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." In the event, a user uses a false e-mail address,
impersonates any person or entity, or otherwise misleads as to the origin of
any content. Learnweel reserves the right (but not the obligation) to remove,
refuse, delete or edit any content that in the sole judgment of Learnweel
violates these Conditions of use and, or terminate your permission to access or
use this website.
7.
Claims against Objectionable Content
Because
Learnweel lists wide range of products for sale on the website and hosts many
thousands of comments, it is not possible for us to be aware of the contents of
each product listed for sale, or each comment or review that is displayed.
Accordingly, Learnweel operates on a "notice and takedown" basis. If
you believe that any content on the website is illegal, offensive (including
but not limited to material that is sexually explicit content or which promotes
racism, bigotry, hatred or physical harm), deceptive, misleading, abusive,
indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic,
paedophilic 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 on our Email. Once
this procedure has been followed, Learnweel will make all reasonable endeavors
to remove such Objectionable Content complained about within a reasonable time.
8. Copyright, authors' rights, and database rights
All content included on the website, such as
text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations and software is the property of Learnweel, its affiliates or
it's content suppliers and is protected by India and international copyright,
authors' rights and database right laws. The compilation of all content on this
website is the exclusive property of Learnweel and its affiliates and is
protected by laws of India and international copyright and database right laws.
All software used on this website is the property of Learnweel and its
affiliates or its software suppliers and is protected by India and
international copyright and authors' rights laws.
You may not
systematically extract/ or re-utilize parts of the contents of the website
without Learnweel and/or its affiliates (as may be applicable) express
written consent. In particular, you may not utilize any data mining, robots, or
similar data gathering and extraction tools to extract (whether once or many
times) for re-utilization of any substantial parts of this website, without
Learnweel and/or its affiliates (as may be applicable) express written
consent. You may also not create and/ or publish your own database that
features substantial (e.g. prices and product listings) parts of this website
without Learnweel and/or its affiliates (as may be applicable) express
written consent.
09.
Disclaimer
You
acknowledge and undertake that you are accessing the services on the website
and transacting at your own risk and are using your best and prudent judgment
before entering into any transactions through the website. You further
acknowledge and undertake that you will use the website to order products only
for your personal use and not for business purposes. We shall neither be liable
nor responsible for any actions or inactions of sellers nor any breach of
conditions, representations or warranties by the sellers or manufacturers of
the products nor hereby expressly disclaim and any all responsibility and
liability in that regard. We shall not mediate or resolve any dispute or
disagreement between you and the sellers or manufacturers of the products.
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
website. While we have taken precautions to avoid inaccuracies in content, this
website, all content, information (including the price of products), software,
products, services and related graphics are provided as is, without warranty of
any kind. We do not implicitly or explicitly support or endorse the sale or
purchase of any products on the website.
10.
Children
Use of
Learnweel is available only to persons who can form a legally binding contract
under the Indian Contract Act, 1872. If you are a minor i.e. under the age of
18 years, you may use Learnweel only with the involvement of a parent or
guardian.
11.
Communications
When you
visit Learnweel, 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
website or by any other mode of communication. For contractual purposes, you
consent to receive communications (including transactional, promotional and/or
commercial messages), from us with respect to your use of the website and/or
your order placed on the website.
12. 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 website.
13.
Alteration of Service or Amendments to the Conditions
We reserve
the right to make changes to our website, policies, and these Conditions 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 website 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.
14. 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.
15.
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.
16.
Governing law and Jurisdiction
These
conditions are governed by and construed in accordance with the laws of India.
You agree, as we do, to submit to the exclusive jurisdiction of the courts at
Pune.
17.
Our Details
This android
application and website are operated by Learnweel.
For the
Learnweel website, you could contact us by visiting: contact@learnweel.com
Important
Warning: Giving
false, misleading or inaccurate information in the Notice to Learnweel may
result in civil and/ or criminal liability.
18.
No Reverse Engineering
You may not,
and you will not encourage, assist or authorize any other person to copy,
modify, reverse engineer, decompile or disassemble, or otherwise tamper with,
the Learnweel Software, whether in whole or in part, or create any derivative
works from or of the Learnweel Software.
19. Repurchase
Learnweel
will only repurchase the book which has been sold by the Learnweel from the
registered buyer. User cannot resale the book if he does not hold the invoice
for the particular book. Repurchase value will be based on the market price. Book shall not be accepted unless accompanied
by receipt issued. All the books mentioned material in the receipt should be returned
with CD/ Booklet accompanied with the books in a given time period. Books will
not be taken after due date. The book shall not be taken back if a) There is the change in syllabus, b) New and the cheaper edition is available or expected, c)
condition of the book.
20. Updates
In order to
keep the learnweel, we may offer automatic or manual updates at any time and
without notice to you.
21. Payments
Learnweel
understands that you care about how information about you is used and shared;
and we appreciate your trust in us to do that carefully and sensibly. Your
privacy is important to us and we work to keep your information secure.
Learnweel will maintain a safe and secure payment.
Please
read these conditions carefully before placing an order for any products with
Learnweel ("We" or "Our" or "Us", wherever
applicable) on the website. These conditions signify your agreement to be bound
by these conditions.
In addition,
when you use any current or future Learnweel service, you will also be subject
to the terms, guidelines, and conditions applicable to that service
("Terms"). If these Conditions of Sale are inconsistent with such
Terms, the Terms will control.
Conditions
Relating to the Sale of Products to You
This section
deals with conditions relating to the sale of products on the android
application by us to you.
1.
Our Contract
Your order
is an offer to us to buy the product(s) in your order. When you place an order
to purchase a product from us, you will receive an e-mail confirming receipt of
your order and containing the details of your order (the "Order
Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgment
that we have received your order and does not confirm acceptance of your offer
to buy the product(s) ordered. We only accept your offer and conclude the
contract of sale for a product ordered by you, when the product is dispatched
to you and an e-mail confirmation is sent to you that the product has been
dispatched to you (the "Dispatch Confirmation E-mail"). If your order
is dispatched in more than one package, you may receive a separate Dispatch
Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and the corresponding dispatch will conclude a separate contract of sale between you
and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your
contract is with us (the Sellers) and you confirm that the product(s) ordered
by you are purchased for your internal/personal purpose and not for re-sale
or business purpose. You authorize us to declare and provide a declaration to any
governmental authority on your behalf stating the aforesaid purpose of the products
ordered by you on the website.
You can
cancel your order for a product at no cost any time before we send the Dispatch
Confirmation E-mail relating to that product.
Please note
that we sell products only in quantities which correspond to the typical needs
of an average household. This applies both to the number of products ordered
within a single order and the placing of several orders for the same product
where the individual orders comprise a quantity typical for a normal household.
2.
Returns
Every return the book will be exchanged and no request for refund of money will be accepted.
Books will be exchanged only once on condition that wrong product delivery,
physical damage, and Printing. Any request regarding return should be made
within one week of delivery. Book of the same company will be exchanged with the
returning book.
3.
Pricing and availability
We list
availability information for products sold by us on the android application,
including on each product information page. Beyond what we say on that page or
otherwise on the android application, we cannot be more specific about
availability. Please note that dispatch estimates are just that. They are not
guaranteed dispatch times and should not be relied upon as such. As we process
your order, you will be informed by e-mail if any products you order turn out
to be unavailable.
All prices
are inclusive of VAT/CST, service tax, Goods and Services Tax
("GST"), duties and cesses as applicable - unless stated otherwise.
4.
Taxes
You shall be
responsible for payment of all fees/costs/charges associated with the purchase
of products from us and you agree to bear any and all applicable taxes
including but not limited to VAT/CST, service tax, GST, duties, and cesses etc.
5.
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 a contract for the sale of goods by us to you was formed.
6. Second Hand Book Return
The book
shall not be taken back,
·
There is a
change in the syllabus.
·
New and the cheaper edition is available or expected.
·
If the product (Book, Calculator, Drafter) are not in good condition then we will not be accepting.
·
All the
books mentioned materials (like CD, Book table etc.) in the receipt should be
return in the given time period.
·
Reimbursed
amount will be credited on your bank account which is provided at the time of
purchase.
·
Reimbursed
amount depends on product condition, market situation, and Learnweel decision.
·
No one
can able to take objection on any term and condition change or policy change.
XXX
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