Terms and Conditions

Updated on 9th October 2023.

  1. Introduction

Studio Dynamics Private Limited ("Orderbooks" or "we" or “Company”) operates an ecommerce platform consisting of a website and mobile application ("marketplace"), together with supporting payment infrastructure, for the sale and purchase of products/services in India ("territory").

These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.

By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.

If you use our marketplace in the course of a business or other organizational project, then by so doing you: confirm that you have obtained the necessary authority to agree to these general terms and conditions; bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and agree that "you" in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

You must be at least 18 years of age to use this website, by using our website you agree to being of 18 years of age and by using our services or shopping through our Sites and Platforms and browsing through it, you agree to these terms and conditions in full.

ABOUT THE TERMS

What is Orderbooks and who operates it?

Orderbooks is an application and online platform which provides an online marketplace ("Application") where registered Sellers ("Sellers") can offer to sell their products to registered users of Application.

The Application and the website at www.myorderbooks.com ("Website") (collectively, "Platform") are operated by Studio Dynamics Private Limited ("Company").

The Company’s role is limited to the managing Application and associated marketing, facilitating payment collections, and other incidental services of similar nature to enable the transactions between the Seller and the buyers ("Services").

When are these Terms applicable and binding on User?

The Agreement is applicable to any person when they install, download or even merely visit or access any part of the Platform or utilise the Services, such persons are referred to as users, which include without limitation users who are browsers, Sellers, merchants, buyers, other purchaser or contributors of content (collectively, "User").

The Agreement between User and Company is effective on the date on which the Application is downloaded/Website is accessed and/or the date on which terms of Agreement are updated, creating a legally binding arrangement between the User and the Company.

Whether the terms of this Agreement can be modified?

Users can review the most current version of the Agreement at any time on the Website. Company reserves the right to unilaterally update, change or replace any part of the Agreement by publishing updates or changes on the Platform and such amended provisions of the Agreement shall be effective immediately upon being posted on the Platform.

It is the responsibility of the Users to check this page periodically for changes. The Users’ continued use of or access to the Application following the posting of any changes constitutes acceptance of those changes.

What if the terms of the Agreement are not acceptable to User?

If the User does not agree with the terms of the Agreement, the User is advised to refrain from using the Platform. By accessing or using the platform, the user irrevocably accepts the Agreement and agrees to abide by the same (as updated from time to time).

USE OF THE PLATFORM

Can User access and use the Platform at any time or could there be any limitations?

Company endeavours to make the Application available 24x7. However, the Company does not represent that access to the Application will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

Users understand and acknowledge that the use of Application requires internet connectivity and telecommunication links. Users shall bear the costs incurred to access and use the Application and avail Services, and Company shall not, under any circumstances whatsoever, be responsible or liable for such costs.

Company does not warrant that Application will be compatible with all hardware and software which is used by Users.

Application may be under constant upgrades, and some functions and features may not be fully operational. Application is provided on an 'as is' and 'as available' basis. Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to Users.

Users shall be solely responsible for damages to their data system or for loss of data arising from download of content from Application. No guidance or information, written or oral, obtained from Company or via Platform, shall constitute any warranty, unless stated otherwise.

Does the Company guarantee performance of the agreement or other arrangements inter se between User(s) or otherwise in respect of products on Platform?

Company, through Platform, is a mere facilitator of the transaction including between Seller and User and is not responsible for any non-performance or breach of any contract entered into towards User Transactions. The Company cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Platform. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the Users concerned including with any other third party.

The Company does not represent any of User or Seller, and disclaims any liability with respect to any error or inconsistency with respect to any information relating to such Seller or User displayed on the Platform.

The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. Company shall not be liable for any misuse of information shared by Users with it; or through the Users profile; or with a third party on the Platform, chat rooms, forums, or comments.

Users acknowledge and agree that the Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Seller selling or supplying merchandise on/through the Platform have the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform, which, according to the Users’ knowledge or belief infringe their rights or third party rights.

Company does not at any point of time during any transaction between any Seller and a User take possession of any product offered nor does it at any point gain title to or have any rights or claims over such products. At no time shall the Company hold any right, title or interest over the products nor shall the Company have any obligations or liabilities in respect of such contract entered into between the Users. Company is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.

Whether the use of Platform (a) is restricted in any manner; and (b) requires any generic compliances from User?

  1. User should not use the Platform to host, display, upload, download, modify, publish, transmit, update or share any information which:
    1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    2. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. harasses or advocates harassment of another person;
    4. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
    5. 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;
    6. tries to gain unauthorized access or exceeds the scope of authorized access to the Application or to the profiles, blogs, communities, account information, or other areas of the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    7. interferes with another User’s use and enjoyment of the Platform or any third-party users enjoyment of similar services;
    8. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the spirit of these Terms;
    9. violates any law for the time being in force;
    10. impersonates another person;
    11. contains software viruses or other computer programming routines that

may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; and

    1. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  1. When accessing or using the Platform or availing the Services, the User has to comply and ensure the following:
    1. All registration information submitted by User is truthful, lawful and accurate;
    2. User's use of the Application/Platform shall be solely for their use and they shall not authorize others to use the account;
    3. User does not submit, post, upload, distribute, or otherwise make available or transmit any information that: (i) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (iv) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
    4. All necessary licenses, consents, permissions and rights are owned by Users and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by the Agreement, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that Users submit, post, upload, distribute or otherwise transmit or make available;
    5. User will not use Platform in any way that is unlawful, or harms the Company or any other person or entity;
    6. User will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Application;
    7. User will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
    8. User will not or attempt to delete or modify any content of Platform, including but not limited to, disclaimers or proprietary notices such as copyright or trademark symbols, logos;
    9. User will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest;
    10. User shall not access Platform without authority or use Platform in a manner that damages, interferes or disrupts, any part of Platform or any equipment or any network on which Platform is stored or any equipment of any third party;
    11. User shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Platform by any means. User shall not probe, scan or test the vulnerability of Platform nor breach the security or authentication measures on Platform or any network connected to Platform.
    12. User agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Platform or any transaction being conducted on Platform, or with any other person’s use of Platform. User may not use Platform or any of its content for any purpose that is unlawful or prohibited by this Agreement.
    13. User shall at all times ensure full compliance with the applicable law, as amended from time to time, including that of (i) the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to Direct and Indirect Taxes applicable as per current statute in the country) regarding the use of the Application and listing, purchase, solicitation of offers to purchase, and sale of products or Services. User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
    14. In order to allow Company to use the information supplied by the Users, without violating any rights or any laws, Users agree to grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights. Company will only use the information in accordance with this Agreement, applicable to use of Platform and for provision of Services.
  1. Company shall at times and at their sole discretion reserve the right to disable any user identification code or password if any User has failed to comply with any of the provisions of this Agreement. Company shall have all the rights to take necessary action and claim damages that may occur due to User's involvement/participation in any way either on their own or through group/s of people, intentionally or unintentionally in hacking.

ACCURACY AND COMPLETENESS OF INFORMATION ON PLATFORM

  1. What is the accuracy and completeness of all information displayed on the Platform?
    1. Company takes all endeavours to the best of its efforts to keep information on the Platform accurate. However, the material and content on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Reference to paragraph below, User will agree that a majority of content including products displayed on Platform are provided by the respective Sellers, who shall at all times be responsible for provision of information related to such products listed by them. Apart from reasonable checks to ensure general hygiene of Platform, Company does not exercise any control over such content or information.
    2. Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on Platform is at the Users’ own risk.
    3. Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of Platform at any time, but has no obligation to update any information on Platform. User is solely responsible to monitor changes to the information on Platform. No specified update or refresh date applied to Platform, should be taken to indicate that all information on Platform or pertaining to the Services have been modified or updated.
    4. Occasionally there may be information on Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on Platform is inaccurate at any time without prior notice.
    5. The Information is provided 'as is' with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in this Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of User.
  2. Is information related to products on Platform provided by the Company?
    1. Not all information on the Platform is provided by Company. From time to time, Users who are Sellers provide information relating to the products proposed to be sold by them and are hence responsible for the same. In this connection, Sellers undertake that all such information shall be accurate in all respects. Sellers are discouraged from and should not exaggerate or overemphasise the attributes of such products so as to mislead Users in any manner.
    2. Company reserves the right, but has no obligation, to monitor the materials posted on Platform. Company, however, has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit of these Terms. In no event shall Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on Platform.
    3. Sellers take sole responsibility for the correctness of the details pertaining to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any products nor provide any warranty/guarantee of the products sold to Users, and in no event shall such products be the responsibility of Company. Company does not represent or warrant that the information available on Platform will be correct, accurate or otherwise reliable.
    4. Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Application, either provided by any User including Sellers.

LISTING AND SELLING

  1. As Seller, in addition to this Agreement, what other terms is a User required to abide by?
    1. Sellers, in addition to this Agreement are also bound by applicable laws of India, including without limitation, the following laws:
      1. The Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);
      2. Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945 (D&C Rules);
      3. Food Safety and standard Act, 2006, Food Safety and Standard (Packaging and labelling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).
    2. As per above mentioned statutes and regulations and any other relevant law in place during the tenure of this association, Company understands that there is an obligation on Seller to ensure that the package in which the products are sold complies with labelling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of Seller to comply with applicable laws and the Company shall not be held responsible in any manner. Sellers shall indemnify Company and Platform for any harm or loss in relation to contravention of above regulations or other applicable laws.
  2. When can the Seller get their products listed?
    1. Sellers are permitted to list products for sale on the website and platforms in accordance with the terms mentioned in this Agreement and other contract entered into with Company for the said purpose, wherein other rights and obligations of the parties are defined in detail.
    2. By listing its products on the Platform, the Sellers represent and warrant that they are legally capable to sell or list the products on Platform; and the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Sellers and Users agree that the Company is not responsible for the breach of the same.

USER INFORMATION AND THIRD PARTY TOOLS/LINKS

  1. What information is collected from the User? How does Company deal with the information provided to it by a User while using Platform?
    1. Company collects various types of information, some information is non-personal information and some is personal information.
    2. All information about Users that are collected, stored or transmitted in any way on Platform is processed for facilitating various operations on Platform, including registration, order placement, listing, or payments.
    3. For a more comprehensive understanding, Users are encouraged to view the Platform’s Privacy Policy available on the Platform.
  2. Does the Company use Third Party tools on Platform?
    1. The Company may provide User with access to third-party tools over the Platform which Company neither monitors nor has any control nor input. User acknowledges and agrees that access to such tools is on an 'as is' and 'as available' basis, without any warranties, representations or conditions of any kind and without any endorsement by Company. Company shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
    2. Any use by the User of the optional tools offered through the Application/Platform is entirely at its own risk and discretion and it is the responsibility of User that it ensures that it is familiar with and approves the terms on which such tools are provided by the relevant third-party provider(s).
    3. The Company may from time to time, offer new features through Platform which may include the use new third-party tools and resources. Such new features shall also be subject to this Agreement. Complaints, claims, concerns, or questions regarding third-party tools or third party websites should be directed to the third-party.
  3. Does Company use third party links or third party tools on Platform? Are these links and tools accurate and secure?
    1. Certain content or products available via the Platform may include materials from third-parties. Third-party links on the Application/Platform may direct User to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    2. Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites regardless of the existence of any third party link on Platform. Please review carefully such third-party’s policies and practices and make sure to understand them before engaging in any transactions.

INTELLECTUAL PROPERTY (IP) AND IP INFRINGEMENT

  1. Can User use the content published on Platform such as "Orderbooks" mark when doing business with other parties?
    1. Users may not use any trademark, service mark or logo of any independent third parties without prior written approval from such parties.
    2. "Orderbooks" and related icons and logos whether registered or unregistered are the trademarks of the Company and are protected under applicable copyright, trademark and other proprietary and intellectual property laws. Users’ unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
    3. Users must not modify the paper or digital copies of any materials printed or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Users must not use any part of the materials on Platform for commercial purposes without obtaining a licence to do so from Company. All rights, not otherwise claimed under this Agreement by Company are hereby reserved.
    5. User understands that Platform and software embodied within Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company or other parties that facilitate the same. User agrees that it will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.
  2. How does the Company deal with IP infringement?
    1. Any trademark, word mark or intellectual property of any User(s) or Seller(s) belongs to such User(s)/Seller(s) alone, and Company has no right or claim over the same.
    2. Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in Company’s reasonable belief is unlawful or could subject Company to liability or is in violation of this Agreement or is otherwise found inappropriate in the Company’s opinion. Company reserves the right to cooperate with any investigation in this regard.
    3. Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event Company takes any of the actions pursuant to allegations of IP infringement.
    4. Users acknowledge and agree that Company is not an arbitrator or judge of disputes concerning intellectual property and it cannot, by any means, verify that any Seller selling or supplying merchandise on the Platform have the right to sell the products. Company encourages Users to assist it in identifying listings on the Platform, which, according to Users’ knowledge or belief infringe their rights or third-party rights.
    5. The delisting of product from Platform is to safeguard Company’s interest, by taking down a listing, Company does not and cannot be deemed to be endorsing a claim of infringement and further in those instances in which Company declines to take down a listing, Company does not and cannot be deemed to be endorsing that the listing is not infringing of third-party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.

DISCLAIMER AND LIABILITIES

  1. What are the standard disclaimers in relation to the Platform and the Services?
    1. Company, in no event, is or will be liable to User including the Reseller or anyone claiming through a User in respect of product or other User Transaction under contract, negligence, strict liability or other legal or equitable theory for any special, incidental, indirect, consequential, exemplary or punitive damages, loss of goodwill, loss of revenue, loss of opportunity, loss of anticipated profits, whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty or negligence or any other claim arising out of or in connection with the use of or access of Platform.
    2. Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of Platform, or for any other claim related in any way to the use of the Application, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Application/Platform or any content posted, transmitted, or otherwise made available via the Application/Platform, even if advised of their possibility.
    3. Users shall be solely responsible for damages, if any, to their data system or for loss of data arising from download of content from Platform. No guidance or information, written or oral, obtained from Company or via the Platform, shall constitute any warranty, unless stated otherwise.
  2. What happens to User order in case of a lockdown or other force majeure event?
    1. Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, epidemic or pandemic, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network.
    2. Force majeure or other events beyond the Company’s control, hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.
  3. Under what circumstances may User be liable for any damages to Company?

    4. User shall indemnify, defend, and hold harmless Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or in connection with:

    1. User’s breach of this Agreement;
    2. any claims made by any third party due to, or arising out of, or in connection with User’s use of Platform including by end users/consumers;
    3. the User’s violation of any rights of another, including intellectual property rights; and
    4. the User’s violation of any applicable laws.
  4. What happens when returns and refunds need to be processed?

    5. OrderBooks is a technology service which helps in the creation of online stores and the selling of the listed products. The products listed on the platform/app are not owned or promoted by OrderBooks. They are the property of the Sellers registered on the OrderBooks platform/app. Buyers are requested to contact the sellers directly regarding the return of the items and/or any refund for the same.

  5. Is KYC mandatory for Sellers/Merchants?

    6. Yes. Please visit KYC page on the website for details on the documents to be submitted.

COMMUNICATION

  1. How to contact Company in case of any queries regarding this Agreement or grievances relating to Platform?

All queries, concerns or questions about the Agreement should be sent to Company at support@myorderbooks.com .

  1. How will the Company contact User?

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.

Notice to a User(s) shall be deemed to be received by such User(s) if and either when sent to User at the address, email or other communication details provided by such User at the time of registration, whether in physical or electronic form, has been sent to such User(s), or immediately upon publishing of such notice on an area of the Platform that is publicly accessible.

  1. In case of a call from a person asking for access to User account registered with Company, what should User do?

Company urges the users to beware of fake offers and fraudulent callers/messengers who may impersonate themselves as representatives of the Company. The Company’s authorised representatives will never contact the Users to demand money for prizes or ask for password/PIN/CVV. In the event you are asked for confidential details by anyone posing as the Company’s representatives, please ask them to communicate with you through email and only respond to emails from @myorderbooks.com domain.

  1. Can User disclose its communication through calls with the Company to third parties?

All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and recorded.

MISCELLANEOUS PROVISIONS APPLICABLE TO AGREEMENT

  1. This Agreement is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Agreement or the Platform shall be subject to the jurisdiction of the courts at Telangana, India.
  2. Company shall have the right to assign its obligations and duties in this Agreement to any person or entity.
  3. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
  4. Platform is controlled and operated from India and Company makes no representation that the content, information or materials made available herein are appropriate or will be available for use in other locations. Access and use of this Platform from outside India is entirely at User's sole risk and User agrees and undertakes to be responsible for compliance with all applicable local laws and agrees to release, discharge and absolve Company from any liability or loss in this respect.
  5. Company reserves the right to introduce and initiate new features, functionalities and components to Platform and/or change, alter, modify, suspend, discontinue or remove the existing ones without any prior notice to you. Further, Company is entitled to discontinue (either permanently or temporarily) one or more of the Services provided or terminate the Platform or charge for Service which were early free of cost, without any prior notice to User.

PROHIBITED USES

User(s) undertake and warrant that they will not list the following Products on the Platform:

  1. Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.);
  2. Alcohol;
  3. Animals and wildlife products – examples include live animals, mounted specimens, and ivory;
  4. Artifacts;
  5. Counterfeit goods and services infringing the IP
  6. Crude oil;
  7. Electronic surveillance equipment prohibited by law;
  8. Embargoed goods from prohibited countries;
  9. Endangered species of animals and plants, whether alive or dead;
  10. Event tickets which are exempted from resale by law;
  11. Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns;
  12. Any financial services;
  13. Food and healthcare items without holding requisite permits;
  14. Grey market products;
  15. Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the Indian army, etc.)
  16. Government issued documents like passports etc.;
  17. Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants;
  18. Human remains and body parts;
  19. IP in any form (including but not limited to music, movies, books, designs) for which the Merchant do not hold the distribution rights;
  20. Invoices and receipts (including blank and pre-filled);
  21. Liquefied petroleum gas cylinder;
  22. Lottery tickets;
  23. Mailing lists and personal information;
  24. Maps and literature where Indian external boundaries have been shown incorrectly;
  25. Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription;
  26. Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985;
  27. Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture;
  28. Radioactive materials;
  29. Reptile skins;
  30. Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994;
  31. Stocks and securities;
  32. Real estate;
  33. Radioactive materials;
  34. Stolen property;
  35. Tobacco;
  36. Any other sanctioned or prohibited items or services as per applicable laws; and
  37. Any other item deemed unfit by Company.

In addition to other prohibitions as set forth in the Terms of Service, User(s) are prohibited from using the Platform or its Content:

  1. for any unlawful purpose;
  2. to solicit others to perform or participate in any unlawful acts;
  3. to violate any international, federal, provincial or state regulations, rules, laws, or any applicable ordinances;
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. to submit false or misleading information;
  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Platform, other Platforms, or the internet;
  8. to collect or track the personal information of others;
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. for any obscene or immoral purpose; or
  11. to interfere with or circumvent the security features of the Service or any related Platform, other Platforms, or the internet.

Company reserves the right to terminate the User(s) use of the Service or any related Platform for violating any of the prohibited uses.

SUBSCRIPTIONS

Subscription: Subscribers agree to pay a recurring non-refundable monthly or annual fee until they cancel their subscription. Annual subscribers must make an initial pre-payment for one year of service.

Automatic Renewal Terms: Platform charges monthly/yearly subscription renewal fees based on billing cycle. Fees are automatically charged at current subscription rate. Users are responsible for all charges until cancellation. Annual billing users will be notified prior to renewal.

Subscription Fees: The platform retains the right to revise subscription fees as necessary at any given time. Users are advised to review the updated fees on the website. The revised fees will apply to all users henceforth.

Change of Subscription Plan: Users can switch from monthly to annual billing anytime. Annual billing subscribers can switch to monthly billing at the end of their current billing cycle.