You acknowledge that Website/App are only platforms that facilitate an interaction between You and customer/s and Bookwater is a mere facilitator between you and the customer.
You acknowledge and undertake that you are accessing the Services and transacting on the Website/App at your own risk and you are using your best and prudent judgment before entering into any transactions with any third parties through the App/Website.
You further acknowledge that Bookwater is not responsible for any loss or damage caused to You or Your device/s arising out of any issues on account of usage of the Website/App on Your device/s or any interaction of the Website/App with other applications on Your device/s including but not limited to loss of data or content or money due to unauthorized or failed transactions.
You agree that the Bookwater Website/App will be updated/ modified regularly at Our discretion and failure to download the updated/ modified versions may result in You not being able to access or utilise some of our Services. Bookwater also reserves the right to terminate Your account should You fail to download or access the newer versions of the Website/ App.
You agree that You shall provide true, accurate, current and complete information about yourself at the time of registration for the Services or at anytime so required thereafter (“Registration Data”). The Registration Data shall be identical to the information You provide Bookwater at the time of signing the Supplier Agreement. You further agree to maintain and update the Registration Data from time to time, so as to keep it true, accurate, current and complete at all times. In the event that Bookwater has reasonable grounds to suspect that You have provided Bookwater with untrue, inaccurate, incomplete or out of date information, Bookwater shall have the right to suspend or terminate Your account and cease to provide You with present or future Services.
You are solely responsible for maintaining the confidentiality of Your login name and password (“Login Details”). You shall further be responsible for all activities conducted on Your account. In the event that You suspect any unauthorized use of Your account You shall promptly notify Bookwater of the same.
Charges and Payment
All charges and payments that You and Bookwater may be required to pay to each other shall be in accordance with the Payment Policy published on the Website/ App and in accordance with your agreement with Bookwater. Please go through the same thoroughly.
Usage Guidelines and Restrictions
You agree that the Services are for Your use and You shall not host display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You have no right or contains any video, photographs, or images of any third-party person or group of persons without their consent (including minors represented by their parents / guardians);
- is misleading, abusive, harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, obscene, invasive of another’s privacy, defamatory, hateful, racially, ethnically objectionable, sexually explicit, bigotry, disparaging, relating or encouraging money laundering or gambling, or unlawfully threatening, unlawfully harassing or otherwise unlawful in any manner whatsoever;
- involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets, invasion of rights of privacy including but not limited to unauthorized disclosure of a person’s name, email address, physical address or phone number;
- promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website/App or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website/App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without prior written consent of Bookwater such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website/App;
- interferes with another user’s use and enjoyment of the Services;
- deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person or group of persons;
- contact customers directly;
- 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, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; providing or creating computer viruses;
- reverse-engineers or threatens to reverse engineer the App, gains or attempts to gain unauthorised access to or interferes with or removes Bookwater’s data, content or intellectual property including its trademarks, copyrights, designs and patents;
- threatens 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 to any other nation.
- is false, inaccurate or misleading and which may create any such liability for Bookwater or cause Bookwater to lose (in whole or in part) the services of its internet service providers (IPS) or other suppliers;
- competes or threatens to compete with Bookwater’s Services;
- uses the Website/App to promote Yourself or Your business, unless permitted by Bookwater in writing prior to such promotion.
You further agree that You shall not use any “page-scraper”, “robot”, “spider” or other automatic device, program, algorithm, hacking tool or methodology, or any similar or equivalent manual process or technology for the purpose of hacking, accessing, acquiring, copying, mining or monitoring any portion of the Website/App or any Content, or reproduce or circumvent the navigational structure or presentation of the Website/App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website/App. Bookwater reserve the right to terminate any such User’s account and bar any such activity.
You shall not probe, scan or test the vulnerability of the Services or any network connected to the Website/App nor breach the security or authentication measures on the Website/App, or any network connected to the Website/App. You shall not reverse look-up, trace or seek to trace any information of any other User, including but not limited to any account on the Website/App not owned by You, to its source, or exploit any or all of the Services or information made available or offered by or through the Website/App, in any way where the purpose is to reveal any information, including but not limited to personal identification.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Bookwater or its brand name or domain name, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Bookwater or its sellers or otherwise tarnish or dilute any of Bookwater’s trade or service marks, trade name and/or goodwill.
You agree that You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Bookwater’s systems or networks, or any systems or networks connected to Bookwater.
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website/App or any transaction being conducted on the Website/App, or with any other person’s use of the Website/App.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send Bookwater, on or through any of the Services offered on or through the Website/App.
You shall not engage in any transaction, which is prohibited by the provisions of any applicable law of India or Your respective domestic laws, including prevailing exchange control laws or regulations and / or international law.
You hereby grant Bookwater complete access to Your User Content including but not limited to a royalty free, worldwide, transferable license to use Your User Content for the purposes of rendering the Services or rendering you access to the Services (or to any part thereto).
You agree that under no circumstances shall Bookwater be liable to You or any third party for any modification or termination of Your access to the Services, or for Your inability to recover any User Content.
Bookwater, its affiliates, suppliers, and their respective officers, directors, shareholders, employees, and agents shall not be held liable for any indirect, speculative, consequential, exemplary, incidental, special or punitive damages, which may include but not be limited to loss or theft of data including User Content, failure in the Services, business interruptions, and loss of profits, revenues or data or any other financial loss, regardless of whether such persons had advance notice of the possibility of any such damages. To the extent permitted by law, Bookwater, its suppliers, distributors, shareholders, directors and employees’ liability shall not exceed the amount paid by the You for the purpose of availing the Services.
Bookwater shall not be liable for any conduct, behavior or actions of the customers. You agree that Bookwater is only a facilitator and Bookwater shall in no event be liable any mishaps, accidents, violations of applicable law which may take place during while You are delivering services to the customers.
Bookwater shall not be liable for any third-party content, actions, services; or links to third-party websites on the Website/App, which are not under the control of Bookwater. You are advised to exercise discretion while relying on the same.
Bookwater shall neither be liable nor responsible for any actions or inactions of the customers or other persons and hereby expressly disclaim and any all responsibility and liability in that regard.
For any issues relating to the Website/App or quality of services please email us at email@example.com .
Please report any payment or invoice related issues within 48 (Forty-Eight) hours of the issue arising.
Representations and Warranties
The Services and content thereto made available to You through the Website/App or otherwise are provided to You on an ‘as is’ basis, without representations or warranties of any kind. Bookwater disclaims all representations and warranties whether expressed or implied, oral or written with respect to the Services or content thereto, whether alleged to arise by operation of law, by reason of custom, usage or otherwise.
Bookwater further makes no representation or warranty with respect to the quality, value, scalability, functionality, accuracy, authenticity, title and non-infringement of the content or Services offered on the Website/App or otherwise.
You shall own all right, title and interest including all intellectual property rights to Your User Content. Bookwater shall not be responsible for any infringement of any third-party intellectual property rights in the User Content posted by You on the Website/App, in Your private messages or otherwise.
You shall not without the prior consent of Bookwater use any content, customer information and other intellectual property or part thereto from the App/Website, for any purpose whatsoever.
In no event shall Bookwater be liable for any loss or damage incurred by due to failure or deficiency in performance of its Services due to causes beyond her reasonable control including war, fire, blockade, strikes (excluding strikes by its/his/her own personnel) or natural catastrophe or any other force majeure event.
Governing Law and Dispute Resolution
The clauses pertaining to governing law and dispute resolution in the Supplier Agreement shall apply.
Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.