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eSrujan - TERMS AND CONDITIONS

TERMS AND CONDITIONS

BACKGROUND

We, Srujan Dreams Private Limited (SDPL) through our e-commerce website, ‘bookhungama.com’ offer a marketing platform to talented aspirants in the field of writing, music composing, short films etc., by marketing their books, music, motion pictures (short films) and content (literature), through our aforesaid website on the World Wide Web protocol of the internet.

In order to facilitate the said online marketing activity, we have digitized, encrypted and uploaded on the server the said books, music, motion pictures (short films) and content (literature) [hereinafter ‘encrypted digitized products/items’] of the writers, music composers, motion picture makers, content developers etc.

We market the said encrypted digitized products/items through our aforesaid website either by way of sale, or by way of [one] time lending/viewing/ listening of the said encrypted digitized products/items, as the case may be.

As a surfer of the said website, if you decide to avail any of the said encrypted digitized products/items, as aforesaid, you are required to first register yourself as a registered user. After registering yourself and after making payment in respect of the said encrypted digitized product/item, through our payment gateway facility, you would be able to avail the said encrypted digitized product/item.

However the online transaction between us and you, in respect of the said encrypted digitized products/items shall be subject to the terms and conditions mentioned below.

If you choose not to be bound by the terms and conditions setforth herein, kindly do not register yourself as a registered user. If you are not at least eighteen (18) years of age, kindly do not register yourself as a registered user.

If you choose to register yourself as a registered user, you represent and warrant that you have read the terms & conditions setforth herein, and that you are at least eighteen (18) years of age, and that you are otherwise competent to comply to the terms and conditions setforth herein and further that you agree to be bound by the said terms & conditions set forth herein, in respect of your online transaction.

FUNCTIONING OF THE ONLINE TRANSACTION

Depending on the type of encrypted digitized product/item, some of them can be downloaded for example ebooks, emagazines, enovels while some some of them like that of emovies or eaudio or emusic can be availed in individuals online shelf.

In case of encrypted digitized product/item that can be downloaded, you being a surfer, once you register yourself as a registered user, you can add the encrypted digitized product/item which you choose to avail, to the online order cart. After that once when you make an online payment in respect of the said encrypted digitized product/item through the payment gateway facility, our system will send you an email and inform you about the license key for the said encrypted digitized product/item. After that you are required to download and open our book reader that is available on our web-portal free of cost. After downloading the said book reader you are required to opt for add book option to the said reader. Once that is done the system will prompt you to enter the license key that is provided to you and once when you enter the said license key the system will download the book & the same will be available for you.

In case of encrypted digitized product/item that is meant for online streaming, you being a surfer, once you register yourself as a registered user, you can add the encrypted digitized product/item which you choose to avail, to the online order cart. After that once when you make an online payment in respect of the said encrypted digitized product/item through the payment gateway facility, the system will send you an email containing the license user-id and the password. After entering the license user-id and the password, you will be able to view/listen the encrypted digitized item/product.

LIMITED RIGHT TO THE ENCRYPTED DIGITIZED ITEM/PRODUCT

In respect of the said encrypted digitized item/product, once it is, either downloaded or availed for online streaming, depending upon its type, you are granted a non-exclusive, non-transferable, non-assignable license to use the said encrypted digitized item/product for your personal use only, subject to and in accordance with the terms & conditions, setforth herein.

RESTRICTIONS ON THE USE OF THE SAID ENCRYPTED DIGITIZED PRODUCT/ITEM

You acknowledge that the said encrypted digitized item/product that is been either downloaded or availed for online streaming, depending upon its type, whether copyright protected or not, is a matter of proprietary concern of the third parties to whom SDPL is contractually obliged, to market the same, on such terms and conditions as agreed by and between SDPL and the said third party, and not otherwise.

Therefore you agree that you will use the said encrypted digitized item/product whether downloaded or availed for online streaming, for your personal use only and shall not otherwise distribute, transmit, assign, sell, broadcast, rent, share, lend modify, adapt, edit, license or transfer the same. You are not entitled to carry any public performance, promotional use, commercial sale, resale, reproduction or distribution of the said encrypted digitized item/product that is been either downloaded or availed for online streaming.

Except for the license/right of personal use of the said encrypted digitized item/product that is been either downloaded or availed for online streaming, depending upon its type, you do not acquire any ownership right in respect of the said encrypted digitized item/product.

ENTERING OF PERSONAL INFORMATION

In order to facilitate the online transaction as aforesaid you shall be required, either by us or by any third party authorized by us, to enter certain information such as your full name, address and credit card/debit card/bank account details and/or other billing information. You agree to provide us or such third party with accurate, complete and current information, and to comply with the terms & conditions setforth herein. You shall be responsible for all charges made, in your [encrypted digitized product/item Cart Order] as well as any applicable taxes. Further we reserve the right to refuse or cancel any such online cart order placed by you in respect of the said encrypted digitized product/item.

PAYMENT TERMS

Terms of payment shall be within our sole discretion, and unless otherwise agreed, payment must be received by us prior to forwarding you the license key or the license user-id and password depending upon the type of encrypted digitized item/product you choose to avail. Your right to avail any encrypted digitized product/item is conditional on our receipt of the appropriate payment for such encrypted digitized product/item, in advance. If such payment cannot be charged to your credit card/debit card or your bank account or if a charge is refunded for any reason, you agree that we reserve the right to cancel your cart order i.e. we reserve the right to not forward you the license key or the license user-id and password, as the case may be, depending upon the type of encrypted digitized item/product you choose to avail.

DESCRIPTION OF ENCRYPTED DIGITIZED PRODUCT/ITEM

We attempt to be as accurate as possible in describing the digitized products/items (including pricing) offered for purchase or for one time lending/viewing/listening, as the case may be; however, we do not represent or warrant that all such descriptions are complete, current or error-free. From time to time there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to encrypted digitized product/item descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Despite our best efforts, a small number of the encrypted digitized items on the website may be mispriced. If an encrypted digitized item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions, before transacting or cancelling your order, and in the event we choose to cancel any of your order i.e. in the event we choose not to forward you the license-key or the license user-id and password, as the case may be, we will notify you of such cancellation and will refund your money to you.

CANCELLATION OF ORDER CART AND REFUND POLICY

An order cart of the said encrypted digitized product/item, on successful payment through the payment gateway facility, shall be final and no cancellation and refund in respect of the same shall be entertained. This is mainly because unlike physical product, downloaded product can not be "returned". However cancellation / refund may be considered at the discretion of the Company Management ONLY IF user have not activated or used license key.

DISCLAIMER OF REPRESENTATION AND WARRANTIES

Our website esrujan.com is an ecommerce website providing a marketing platform to talented aspirants in the field of writing, music composing, short films etc., by marketing their books, music, motion pictures (short films) and content (literature), through our aforesaid website on the World Wide Web protocol of the internet. For the purpose of facilitating our online marketing activity, we have digitized, encrypted the said books, music, motion pictures (short films) and content (literature) of the writers, music composers, motion picture makers, content developers etc. In other words apart from changing the mere form (i.e. apart from mere digitizing) of the said books, music, motion pictures (short films) and content (literature) of the writers, music composers, motion picture makers, content developers etc, we have not structured, altered, modified the subject-matter of the said books, music, motion pictures (short films) and content (literature). The entire subject–matter that is stated, expressed, played, depicted in the said books, music, motion pictures (short films) and content (literature) is that of the said writers, music composers, motion picture makers, content developers etc. and not SDPL’s. Therefore SDPL disclaims all warranties whether express or implied with regards to the subject-matter of the said books, music, motion pictures (short films) and content (literature). Further SDPL disclaims all warranties of non-infringement of IPR of any third party in respect of the said books, music, motion pictures (short films) and content (literature). Further SDPL does not warrant or does not make any representation as to the use or consequences of use of the said books, music, motion pictures (short films) and content (literature).

LIMITATION OF LIABILITY

Under no circumstances we or our affiliates or any of our officers, directors, employees, and/or agents (“SDPL Parties”) be liable to anyone for any indirect, special, incidental, consequential, punitive or other damages of any type or kind, arising out of or in anyways connected to any such online transaction in respect of the said encrypted digitized products/items that are been marketed by us through our website. In no event shall the ‘SDPL Parties’, total liability, to you for damages, losses, and causes of action exceed the amount paid by you, if any, in respect of such encrypted digitized product/item with regards to which you file a claim for damage or loss.

INDEMNIFICATION

You hereby agree to defend, indemnify and hold us and our affiliates, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your failure to comply with these terms & conditions, and your violation of any applicable laws or rights of any third party.

GOVERNING LAW AND JURISDICTION

The terms and conditions setforth herein and any disputes arising under or related to these terms & conditions or any such encrypted digitized product/item shall be governed by the laws of India only, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these terms & conditions or with respect to the said encrypted digitized products/items shall be subject to the exclusive jurisdiction of competent Courts in Pune only as to the exclusion of other courts competent to decide the said dispute, and you also hereby accept and submit to the exclusive jurisdiction of Pune Courts only. You also waive to the fullest extent permitted by law any right to a proceeding/trial by an adjudicatory body in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these terms & conditions or the said encrypted digitized items/products.

CONTACT

Any issue or query whether technical, commercial or otherwise in respect of the said online transaction or in respect of the said encrypted digitized product/item kindly contact customercare@esrujan.com