BooksTerminal – A Sanwad Group Venture
BooksTerminal Service : These Terms of Service apply to all users of the BooksTerminal Service. Information provided by our users through the BooksTerminal Service may contain links to third party websites that are not owned or controlled by BooksTerminal. BooksTerminal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Also, BooksTerminal does not assume any liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of third party content on the Site. In addition, BooksTerminal will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that BooksTerminal shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect BooksTerminal's belief.
Errors, Corrections, and Right to Modify or Discontinue Service and Sites : We do not represent or warrant that the BooksTerminal Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the BooksTerminal Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the BooksTerminal Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. BooksTerminal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and/or Sites (or any part thereof) with or without notice. BooksTerminal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Sites.
BooksTerminal Access :
A. Subject to your compliance with these Terms of Service, BooksTerminal hereby grants you permission to use the Service, provided that:
your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service;
you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without BooksTerminal's prior written authorization;
you will not attempt to reverse engineer, alter or modify any part of the Service;
C. You agree not to use or upload, post or submit any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Application or of any computer software, hardware, or telecommunications equipment. You also agree to not decipher, decompile, disassemble, use sniffers (except Ethereal, tcpdump or HTTPWatch in general) or reverse engineer any of the software comprising or in any way making up part of the Application. We have to disallow use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the application. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service. You agree not to create any data back up of the content that is available to you by use of the BooksTerminal Site or BooksTerminal Mobile App. or use of BooksTerminal Service that is available through any other mediums.
1. BooksTerminal will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside BooksTerminal's reasonable control.
2. BooksTerminal does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
3. BooksTerminal will not be responsible for any support or maintenance for the Application.
SYSTEM REQUIREMENTS :
1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').
2. The Software Requirements for downloading the BooksTerminal Mobile App would vary as per the mobile platform. The BooksTerminal Mobile App would be available in English Language as of now.
3. The version of the Application software may be upgraded from time to time to add support for new functions and services.
Intellectual Property Rights :
The BooksTerminal / Sanwad Group company names, logos, all related products and service names, design marks, slogans, trademarks, service marks, copyright, database rights (and other intellectual property rights of any nature in the Application) together with the underlying software code in the App ("Intellectual Property") is owned by and used under license by BooksTerminal / Sanwad Group or its subsidiaries or affiliate companies. All other Intellectual Properties herein are the property of their respective owners. All copies that you make of the Materials on any of the Media must bear any copyright, trademark or other proprietary notice located on the respective Media that pertains to the material being copied. You are not authorized to use BooksTerminal's Intellectual Property in any advertising, publicity or in any other commercial manner. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BooksTerminal.
For removal of doubts, it is clarified that, by accepting theses terms, you hereby waive and grant to BooksTerminal / Sanwad Group all rights including intellectual property rights and also "moral rights" in the Reviews, Ratings and Comments posted by you at BooksTerminal through any of mediums of BooksTerminal and that BooksTerminal / Sanwad Group is free to use all such Review, Ratings and Comments as per its (BooksTerminal's / Sanwad Group’s) requirements from time to time.
User Submissions & Specific Features :
C. In connection with Ratings and Tag your friends, you further agree that you will not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BooksTerminal / Sanwad Group all of the license rights granted herein;
publish falsehoods or misrepresentations that could damage BooksTerminal or any third party;
submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
post advertisements or solicitations of business;
impersonate another person;
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. BooksTerminal does not endorse any Rating and/or Review or any opinion, recommendation, or advice expressed therein, and BooksTerminal expressly disclaims any and all liability in connection with ratings and/or submissions. BooksTerminal does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and BooksTerminal will remove all content and Ratings and/or Reviews if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the BooksTerminal Mobile App user allegedly infringing the copyrighted work;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at. BooksTerminal reserves the right to remove contents without prior notice. BooksTerminal may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than once. BooksTerminal also reserves the right to decide whether content or a Rating and/or Review is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. BooksTerminal may remove such contents and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the BooksTerminal Service you will be exposed to Ratings and Review submissions from a variety of sources, and that BooksTerminal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Submissions are not the responsibility of BooksTerminal. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BooksTerminal with respect thereto, and agree to indemnify and hold BooksTerminal, its officers, directors, employees, agents, affiliates, associates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the BooksTerminal Service.
F. BooksTerminal reserves the right to discontinue any aspect of the BooksTerminal Service at any time.
G. Right, But Not Obligation, to Monitor Submissions: BooksTerminal does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions in our sole discretion. In addition, we reserve the right to alter, edit or remove any Submissions, in whole or in part, at our sole discretion.
WARRANTY : THE MATERIAL AND THE MEDIA USED TO PROVIDE THE MATERIAL (INCLUDING THE WEBSITE ) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BooksTerminal DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE MEDIA AND MATERIALS. BooksTerminal DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BooksTerminal DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE MEDIA. SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION. IN NO EVENT SHALL BooksTerminal BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE MEDIA FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF BooksTerminal IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE MEDIA OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY MEDIA. BooksTerminal DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE MEDIA OR OTHER MATERIAL ACCESSIBLE FROM THE MEDIA. THE USER OF THE MEDIA ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS MEDIA. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH COUNTRIES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
ADDITIONAL DISCLAIMER : Users using any of BooksTerminal service across the following mediums i.e. through internet i.e. www.BooksTerminal.in Website, Wap site, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with BooksTerminal. All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and BooksTerminal does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with BooksTerminal. Further, BooksTerminal is not at all responsible for any act of Advertiser/s listed at BooksTerminal.
Limitation of Liability : IN NO EVENT SHALL BooksTerminal, ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSOCIATES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS,
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY,
ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BooksTerminal CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR
YOU SPECIFICALLY ACKNOWLEDGE THAT BooksTerminal SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity : You agree to defend, indemnify and hold harmless BooksTerminal officers, directors, employees, associates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the BooksTerminal Service;
your violation of any term of these Terms of Service;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that one of your Ratings and/or Reviews or Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the BooksTerminal Service.
Assignment : These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BooksTerminal without restriction.
GOVERNING LAW : These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws' provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in India. Courts at Pune will have the exclusive jurisdiction. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. BooksTerminal reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. BooksTerminal reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Privacy Notice : BooksTerminal is committed to protecting the privacy and confidentiality of all Personal Information that you may share as a user of Media. In furtherance thereof, we have this policy to demonstrate our good faith.
The Information BooksTerminal Collects : BooksTerminal may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below ("Personally Identifying Information") :
You provide certain Personally Identifiable Information, such as your mobile phone number, and mobile device information to BooksTerminal when choosing to participate in various uses of the BooksTerminal Service, such as registering as a user, and viewing ratings of contacts in your address book. In order to provide the BooksTerminal Service, BooksTerminal will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers that have been used to avail BooksTerminal services and to provide ratings of establishments we have received from users of these mobile numbers. BooksTerminal may access your location information to provide search results based on your geo location. BooksTerminal does store historical location information of users at its end. This allows the software to provide relevant search results.
The Information BooksTerminal Does Not Collect : BooksTerminal does not collect emails, addresses or other contact information from its users' mobile address book or contact lists other than name and mobile phone numbers. BooksTerminal App integrates (may integrate in future) with facebook SDK and may send aggregate usage statistics to facebook from time to time. Usage of information sent to facebook is governed by Facebook's data usage policies which can be found at www.facebook.com/about/privacy. Same applies to other third party integrations like twitter, linkedin and so on.
The Way BooksTerminal Uses Information : If you submit Personally Identifiable Information to us through the BooksTerminal Site, or BooksTerminal Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the BooksTerminal Site and BooksTerminal Service. In particular, your mobile phone number is essential to your use of the BooksTerminal Service and will be retained. Your name (as it is saved in other user's mobile phone address book or contact list) may be displayed to other users if they tag your mobile number and access your ratings in the App. For more information on our ratings feature, please read the note below :
BooksTerminal will use your mobile number and contacts list to identify friends in your network who have rated establishments and/or are users of BooksTerminal Services. BooksTerminal collects ratings in the following ways :
When a user calls our service and is prompted to rate an establishment
When a user rates establishments on the website or mobile site or Applications
Where are the ratings shown ? Ratings are shown in the following ways on BooksTerminal :
In SMS when user asks for information by calling the BooksTerminal Service
Ratings are displayed on various places on the website, mobile site and mobile applications in pages such as the overall ratings count page, search results pages, company details pages etc. User information such as mobile phone number is masked and personally identifiable information is not displayed unless user is registered with BooksTerminal and is accessing the tag friends feature.
Ratings are shown in the "Tag your friend" feature available across BooksTerminal services platforms where user can access friends' ratings of establishments.
Benefits : Your contacts list will allow BooksTerminal to provide you with ratings given by your friends and help make the experience on BooksTerminal even better. Your friends' ratings will allow you to make a better decision about choosing a product/service/establishment on BooksTerminal.
You can build your friends network and choose your friends on BooksTerminal and access your friends' ratings across the range of our platforms including mobile site, website and our applications.
How BooksTerminal uses your information : BooksTerminal "tags" the contacts in your address book as your friends, but at anytime, you can review the list of your tagged friends and choose to untag any of them at any time. Untagging your contacts will hide your ratings from them and will also result in their ratings not being shown to you.
Only users of BooksTerminal will be displayed in your tagged friends list. If a contact in your address book has rated an establishment/s on BooksTerminal, the ratings associated with the contact will be displayed as part of your friends' ratings. If a contact in your address book has used BooksTerminal's service across any platform and has not rated an establishment, although their name is displayed in your friends list, no ratings will be shown associated with the said contact.
If any of your tagged friends registers with our Service across BooksTerminal's platforms, ratings of such a friend will be visible to you only if
Your mobile number is present in his contacts list
You have not been untagged by your friend
BooksTerminal will also provide users with a privacy settings option that will allow the user to choose appropriate privacy levels. By default, the user's contact list will be used to identify friends in the network. A user may choose to allow anyone to tag him/her as a friend and may also choose to allow nobody to tag him/her as a friend.
remember information so that you will not have to re-enter it during your visit or the next time you use BooksTerminal;
provide custom, personalized content and information;
monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and
track your entries, submissions, views and such.
When BooksTerminal Discloses Information : Other users of the BooksTerminal Service may see your ratings submissions in a way that is consistent with the use of the BooksTerminal Service. For example, a rating of "ABC Restaurant" on BooksTerminal will be available to every user of the BooksTerminal Service who has that mobile phone number in their mobile phone's address book or contact list and has tagged the mobile phone number as a friend in the BooksTerminal App friends ratings feature. For more information on this feature, please refer paragraphs above.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the BooksTerminal Service.
Third-party Advertisers, Links to Other Sites : BooksTerminal is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, we will update this section. Note that, businesses listed on BooksTerminal can promote their listings to sponsored listings though.
Our Commitment to Data Security : BooksTerminal uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to BooksTerminal and you do so at your own risk.
Copyrights 2014 - 2015. Sanwad Group All Rights Reserved