BodhaGamya

1. Acceptance of Terms

If you are accessing the Platform on behalf of a legal entity (such as a business), the entity accepts these Terms. The entity agrees to indemnify BodhaGamya Publication and its employees, directors, and affiliates from any suits, claims, legal proceedings, or actions arising out of or in connection with your/its use of the Platform, including but not limited to costs incurred in respect of claims, damages, losses, and attorney fees.

2. User Account

We reserve the right to require you to create a User Account in order to access parts or all of the Platform. You are responsible for all activities that take place on your account, and for ensuring that your login details remain confidential. If you share access to your account, any person accessing the Platform through your account is also bound by these Terms. We do not accept any liability for any losses that you may incur as a result of unauthorized access to your account. You may, however, be liable for any losses that BodhaGamya Publication incurs as a result of such unauthorized access.

You agree to provide us accurate and complete information when creating your account with us. You may never use another person’s user account or registration information without permission. You must notify us immediately of any change in your ability to use the Platform, breach of security, or any unauthorized use of your account. You should never publish, distribute, or post login information for your account.

Your access to the Platform or certain parts of it, including the kind of content you can post, is subject to the nature of the User Account that you create. Certain types of User Accounts may be allowed to post a wider variety of content than others. The rights and access granted to each type of User Account are determined at our sole discretion.

We reserve the right to delete, suspend, or remove access to your account, at our sole discretion, including for your non-compliance with these Terms.

You may delete your account with us at any time. When you delete your account with us, we will process any data you have provided us previously in accordance with our Privacy Policy.

3. Content

You may submit content to the Platform, including but not limited to comments, text, or other multimedia, provided that such content is in line with these Terms and our Community Guidelines, as updated from time to time. Notwithstanding anything else in these Terms, you are solely responsible for any and all content you submit onto the Platform, including any and all risks related to its publication and display, including someone else’s reliance on its accuracy and any claims relating to intellectual property or other legal rights.

If you are an author commissioned to provide content by BodhaGamya Publication ("Works"), you accept and acknowledge that all copyright in such Works commissioned by BodhaGamya Publication vests with BodhaGamya Publication, as per the terms of the Publishing Agreement executed by you earlier. Ownership of any Works created under any agreement with BodhaGamya Publication other than these Terms shall be determined according to the provisions of the Agreement under which it was created.

You acknowledge and agree that any content you submit onto our Platform will not violate the intellectual property or other rights of any third party. You further acknowledge and agree that any content you submit onto our Platform is either owned by you or you have the necessary licenses to do so (including to grant sublicenses), and that all content submitted to the Platform (including the Works of BodhaGamya Publication-commissioned authors) is original and free from plagiarism. We do not review content for plagiarism and therefore will not be held liable if any content posted is in violation of any third-party’s rights. We reserve the right to pursue legal action as best advised against any users who submit plagiarized or infringing content.

Subject to the provisions of Clause 3(b) above, BodhaGamya Publication makes no claim to the rights in copyright of any content submitted by you. However, in order to facilitate the use of the Platform, you hereby grant BodhaGamya Publication a non-exclusive, worldwide, royalty-free license to use your content for the purposes of digital publication on the Platform, as accessed through any means, whether yet invented or not.

The Platform may contain links or embedded material to third-party content, including, without limitation, other websites and third-party services, for various purposes relating to BodhaGamya Publication’s maintenance and provision of the Platform. Links to any third-party content do not mean that we endorse or agree with it, and we are not responsible for the accuracy or quality of services provided thereon. We are not able to control how third parties may process/use your personal data, or the quality of their services, and we disclaim all liability from any damages that you may incur as a result of the same.

We may enable advertising on the Platform to help us run the Platform. We may also use content submitted on the Platform for marketing/promotional purposes.

We do not validate or endorse any content submitted onto the Platform and disclaim any and all liabilities arising out of or in connection therewith.

We do not allow the infringement of copyright on the Platform and will remove any content that we deem to be in infringement of a third-party’s rights.

4. Intellectual Property

a) All rights, titles, and interests in and to the Platform are owned, licensed, or otherwise controlled by BodhaGamya Publication. This includes, without limitation, the Platform’s look and feel, source and object code, visual design elements, trademarks (whether registered or not), and any other works protectable under intellectual property or other applicable laws.

b) We do not own your content and make no claims to the rights in copyright therein, notwithstanding the provisions of Section 3(b) and the license granted to us by virtue of Section 3(d) above.

c) By agreeing to these Terms and subject to your compliance thereof, BodhaGamya Publication grants you a non-exclusive, non-sublicensable, non-transferable license to the rights in the Platform for the sole purpose of accessing the Platform and the content thereon. Nothing in these Terms shall, without the express written consent of BodhaGamya Publication, be deemed to create any rights in any subject matter over and beyond the expressly stated scope as mentioned in these Terms.

d) BodhaGamya Publication is committed to respecting intellectual property rights. If you feel that any content on the Platform is infringing on any copyrights, please let us know. We reserve the right to determine if any content on the platform is in violation of copyright or any other violation of these Terms.

e) If you believe that material located on or linked to by the Platform violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. We will respond to all such notices as required or may be appropriate, including by removing the infringing material or disabling all links to the infringing material if necessary. Nothing in these Terms transfers any BodhaGamya Publication or third-party intellectual property to you, and all right, title, and interest in and to such property will remain (as between the parties) solely with the respective owners.

5. Use of the Platform

b) You will not, via the Platform or otherwise, cause damage to the Platform or impair the availability or accessibility of the Platform in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Platform to change, de-crypt, interrupt, destroy, or limit the functionality of our, or other users’ computer software, hardware or telecommunications equipment or attempt to gain unauthorized access to our servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Platform. Without limiting the foregoing, you must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the servers on which the Platform is stored, or any server, computer, or database connected to the Platform. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity and any other relevant information to them as may be required to support law enforcement activities.

c) You will not upload, post, host, or transmit unsolicited correspondence, emails, “spam” messages, worms, or viruses or any code of a destructive nature to the Platform nor contact any other visitor or user of the Platform for any illicit purpose or who has requested not to be contacted; access the Platform through unpermitted means;

d) You will not link to our Platform in a way that is unfair, illegal, is likely to cause damage to our reputation, or suggests our approval or endorsement of you or your content when no such approval or endorsement exists;

e) You agree to not remove or tamper with any copyrights, trademarks, service marks, or other legal notices present on the Platform;

f) To the fullest extent possible under applicable law, we disclaim all warranties, whether express or implied, including without limitation, warranties of fitness, merchantability, or for a particular purpose, in respect of the Platform.

6. Indemnification

You shall defend and hold harmless BodhaGamya Publication and any of its directors, employees, consultants, retainers, agents, and affiliates from any and all liabilities, costs, claims, damages, losses, or injuries arising out of or in connection with your use of the Platform.

Some jurisdictions do not provide for the exclusion of implied warranties on applicable statutory rights; or limitations on a contracting party's liability with regards to damages or death caused due to its negligence or intentional misconduct. Accordingly, in such jurisdictions, you shall indemnify BodhaGamya Publication to the fullest extent possible under applicable law.

7. Limitation of Liability

Notwithstanding anything to the contrary contained herein, to the fullest extent permissible by applicable law, BodhaGamya Publication shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability) whether or not BodhaGamya Publication has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes.

In all cases, BodhaGamya Publication will not be liable for any loss or damage that is not reasonably foreseeable

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. Fees & Payments

There are premium fees applicable in respect of some services available on the Platform. By selecting a premium service, you agree to pay BodhaGamya Publication the applicable one-time monthly or annual fees. Payments will be charged on the day you sign up for a premium service.

9. Refund Policy

Premium service fees are not refundable. 


 

10. Delivery Policy

Products ordered through the Platform for India, are shipped through our courier partners. If our courier partner does not service the desired location, the products are shipped through the Indian Postal Service. All orders are processed within 3-5 business days. The shipping times mentioned on the Platform is approximate and delivery is subject to our courier partners and local conditions at the delivery location. Orders are not shipped or delivered on weekends or holidays. If we are experiencing a high volume of orders, shipments may be delayed by a few days. If there will be a significant delay in shipment of your order, we will contact you via email or telephone. You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours. We currently do not ship outside India.

11. Shipping, Cancellation, & Returns

We allow cancellations of services only if the applicable service has not commenced, for a full refund minus payment processing fees, if applicable.

12. General Terms

Amendments – The conditions set forth in these Terms may change from time to time. While we will attempt to notify you of major changes, we recommend that you regularly check this page for any update to the Terms. Please note that your continued use of the Platform after any change means that you agree with, and consent to be bound by, the new Terms. If you disagree with any changes in the Terms and do not wish to be subject to the revised terms, you will need to deactivate your account and/or stop using the Platform.

Waiver – In the event that BodhaGamya Publication chooses not to enforce a particular right or remedy under these Terms, it does not mean that we have waived those rights. No waiver shall be valid unless specifically consented to by BodhaGamya Publication in writing.

Severability – All portions of these Terms are severable. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Independent Parties – Nothing contained in these Terms shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between you and BodhaGamya Publication.

Interpretation – The headings in these Terms are for convenience only and shall not be used in their interpretation.

Governing Law and Jurisdiction – These Terms shall be construed in accordance with and governed by the laws of India, without reference to its choice or conflicts of law rules. All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts at Delhi, India.

Assignment – The rights granted by BodhaGamya Publication to you under these Terms are exclusive to you. They cannot be sublicensed, transferred, or assigned to any third party. BodhaGamya Publication shall be entitled to assign, transfer, or delegate any of its rights and obligations under these Terms without prior notice to you.

Agreement – These Terms (including any document incorporated by reference into them, as well as our website’s Terms of Use) constitute between the entire agreement between BodhaGamya Publication and you regarding your use of the Platform. In the event that BodhaGamya Publication has signed a separate agreement specifically with you, in the case of any discrepancies between these Terms and that separate agreement, the provisions of the separate agreement shall prevail.

13. Contact

If you have any questions or concerns regarding these Terms, please feel free to reach out to us at the details below: