Terms of Use
Amendments: Prachi[India] Pvt. Ltd. (PIPL) may amend this User Agreement and other Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via the Website and/or as per the notification preference provided by you to PIPL. The revised version will be effective at the time PIPL posts it on the Website or as communicated to you per the notification preference provided by you to PIPL (as the case may be). In addition, if the revised version of this User Agreement includes a Substantial Change, PIPL will provide you with a minimum seven (7) days' prior notice of such Substantial Change/s as per the notification preferences provided by You to PIPL. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in other Policies. For this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by www.prachiindia.com Rules and Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.
Prachiindia.com is a marketplace that allows users to buy School Textbooks and E-books in a variety of prices and category. The actual contract for sale is directly between PIPL and buyers.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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. If you are a minor i.e. under the age of 13 years, you shall not register as a member of the Website and shall not purchase for any items on the Website. As a minor if you wish to purchase an item on the Website then such purchase should be made by your legal guardian or parents or other knowns who have registered themselves as users of the Website. PIPL reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to PIPL’s notice or if it is discovered that you are under the age of 13 years.
If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password. You agree, inter alia (among other things), to: 1. Provide true, accurate, current and complete information about yourself as prompted by the prachiindia.com registration form. 2.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 PIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, PIPL has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
When You use the Website or send emails or other data, information or communication to prachiindia.com, You agree and understand that You are communicating with PIPL through electronic records and You consent to receive communications via electronic records from PIPL periodically and as and when required. PIPL will communicate with You by email or by electronic records on the Website which will be deemed adequate service of notice / electronic record.
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which is misleading in any way:
- Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
- Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, account information, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- Infringes any patent, trademark, copyright or other proprietary rights or rights of publicity or privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or shall not be fraudulent.
- Violates any law for the time being in force.
- Impersonate another person.
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
- Interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- Shall not be false, inaccurate or misleading;
- creates liability for us or cause us to lose (in whole or in part) the services of our ISPs.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
- You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of prachiindia.com.
- You shall always ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and all applicable Domestic laws, Ordinances and Regulations regarding Your use of Our service, purchase, solicitation of offers to purchase. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, we will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
- Prachiindia.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DOS/DDOS (Distributed Denial of Services).
By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by PIPL in accordance with the prachiindia.com User Privacy policy.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing text, PIPL does not warrant that: This Website will be constantly available, or available at all, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to thirty (30) days from the date of first use. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if we are unable to deliver such Products due to implications of different state laws, then will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, you consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
In no event shall PIPL or its suppliers, affiliates and service providers be liable for any direct, indirect, 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 Website and its services or this User Agreement (however arising, including negligence).
PIPL’s liability in any circumstance is limited to the amount of fees, if any, paid by you to PIPL. Its associates, affiliates and service providers 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 using the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, PIPL assumes no liability whatsoever for any monetary or other damage suffered by you because of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and/or any occurrence of natural disaster or outage.
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Payment:
You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the PIPL to purchase the products and /or services from the PIPL using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:- Lack of authorization for any transaction/s, or
- Exceeding the pre-set limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
- Except for Cash on Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
- For Cash on Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
- Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- Refund shall be conditional and shall be with recourse available to PIPL in case of any misuse by Buyer.
- Refund shall be subject to Buyer complying with Policies.
Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users. -
Compliance with Laws:
- As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 50,000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
- Buyer shall comply with all the applicable laws (Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and PIPL’s Website.
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Replacement:
If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s subject to the following terms and conditions:
- Notify us of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
- If any damage made during transit by courier company during time of return of item by buyer, then Prachiindia.com is not liable to return the amount.
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Replacement can be made for the entire product/s or part/s of the product subject to availability of the same with us.
Following products shall not be eligible for return or replacement:
- Damages due to misuse of product;
- Digital products/services.
- Products with tampered or missing serial/ISBN numbers.
E-book (e-pub format): You will be able to purchase DRM-encrypted E-books in e-pub file format on the PIPL’s Website and the Readedge application. Such e-pub files shall be provided to you as per your selection, subject to certain limitations as described herein. You shall be granted specified download rights of DRM-encrypted e-pub files from the catalogue of E-books displayed on the Website.
Download rights: You will need to be registered with Prachiindia.com to make an E-book purchase. The E-books which you purchase from the Website or our E-books application shall be added in your E-books library from where you can download the E-books onto your device(/s). Each downloaded E-book is locked to the User account and the downloader device. These downloaded E-books cannot be transferred onto other devices. Each device used by you will have to be synced with your online E-books library. You can sync a maximum of 4 devices against your user account. You can download the E-books on your Desktop/Windows System for offline reading and can read the E-books using the Readedge E-books Application only.
Readedge application: This application will enable you to read the digital books purchased from the website E-books store, on your Desktop/Windows System devices. The app also has an in-app E-books store where the user can quickly purchase E-books. The application will be available on windows-based platform which you can download from Our website.
Territory: Currently you can purchase downloadable E-books only through the Website and Readedge Application as may be made available from time to time on the Website. You must be within the Indian Territory to even download the already purchased files from your E-books library.
DRM Specifications: The DRM (Digital Rights Management) enables us to restrict certain permissions. The PIPL’s DRM specifications restrict the following permissions:
| Default Restrictions | PIPL Settings |
|---|---|
| Printing | Yes |
| Copying | No |
| Side-Loading (from one device to other) | Yes |
| e-mailing | No |
| Saving Images | Yes |
| Read out aloud | Yes |
| Number of distinct devices for file downloading | Allowed (four) |
| Social media sharing | No |
Rights Granted: Upon your payment of our fees for E-book, we grant you a non-exclusive, non-transferable right to use the downloaded E-book for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that you will use the E-book only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the copyright and to comply with all applicable laws in your use of the E-book. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for E-book. You acknowledge that the E-book is an intellectual property and is protected by law.
The Price List for each downloadable E-book displayed on the Website represents the full retail price (inclusive of all taxes unless specified otherwise) for said downloadable E-book. You shall pay for such downloadable E-book using one of the payment options available on the Website. The Price List mentions the prices of each downloadable E-book and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve our right to change the prices of the E-book and services and the availability of the same at our sole discretion.
We will allow the user to buy E-book using the following forms of payments:
- Credit Cards
- Internet Banking
- Debit Cards
- any other mode of payment, as may be decided and made available on the Website.
Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, you agree that you shall pay all amounts due upon demand by us.
Please note that payment can be made only in India Rupees and all the above payment instruments must have been issued by entities operating in India and subject to Indian regulations.
Cash on Delivery as a mode of payment is not available for purchasing E-book on the Website currently.
Availability of E-books.
All sales of E-books are final. We do not accept returns of E-books. Once you have purchased E-books, we encourage you to download it promptly. If you are unable to complete a download, please contact us within 5 days of the payment. The E-book will be removed from your library and the amount that was charged during the payment will be refunded in the form of store credit. The E-books will also be replaced in cases of genuine technical errors as mentioned in the replacement policy.
You bear all risk of loss after purchase and for any loss of E-books you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, at our sole discretion remove E-books from the Service without notice.
Software: We may make available to you, from time to time, software or updates for your use in connection with the download of E-books (all such software, individually and collectively).
You may use the Software only in connection with the download of E-books on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for sale in India. PIPL make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and PIPL is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
This site is controlled and operated by Prachi[India]Pvt. Ltd. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, re-publish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Prachi[India]Pvt. Ltd. respects the intellectual property of others. In case You feel that Your Trademark has been infringed, you can write to PIPL at info@prachiindia.com
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
Prachi [India] Pvt. Ltd.
309/10, ALLIED HOUSE,
INDER LOK, DELHI-110035
Landline: 011-47320666 (8 Lines)
011-43852438, 47320680
Website: www.prachiindia.com
E-mail: info@prachiindia.com
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