Terms and Condition
1.0 ACCEPTANCE OF TERMS
- 1.1
Welcome to Reado.com. Reado.com (“Reado”) website ("Website") is an internet based
digital media portal owned and operated by Think Ink Media Incorporated ("Think
Ink Media Inc."), a company incorporated under the laws of India, with its registered
office at J-12 Jangpura Extension, New Delhi-110014.
- 1.2
Through the Website, Think Ink Media Incorporated ("Think Ink Media Inc.") shall
provide you ("User") digital media content in the form of but not limited to audio
books, downloads, CD, DVD , podcasts, webcast, video ("Service"), as more particularly
described and defined in the terms of service ("TOS") relating to such Service.
If you visit or buy audio books or related products at reado.com, you accept these
Terms and Conditions.
- 1.3
This User Agreement ("Agreement") sets out the terms and conditions on which Think
Ink Media Inc. shall provide the Services to the User through the Website. In addition
to this Agreement and depending on the Services opted for by the User, the User
shall be required to read and accept the relevant TOS for such Service, which may
be updated or modified by Think Ink Media Inc. from time to time. Such TOS shall
be deemed to be a part of this Agreement and in the event of a conflict between
such TOS and this Agreement, the terms of this Agreement shall prevail.
- 1.4
Use of the Website is offered to the User conditioned on acceptance without modification
of all the terms, conditions and notices contained in this Agreement and the TOS,
as may be posted on the Website from time to time. For the removal of doubts, it
is clarified that use of the Website by the User constitutes an acknowledgement
and acceptance by the User of this Agreement and the TOS. If the User does not agree
with any part of such terms, conditions and notices, the User must not use the Website.
- 1.5
Additionally, Think Ink Media Inc. may provide terms and guidelines that govern
particular features, offers or the operating rules and policies applicable to each
Service (for example, audible books, podcasts, webcast download, video downloads,
gift vouchers, etc.). The User shall be responsible for ensuring compliance with
the terms and guidelines or operating rules and policies of the Service Provider
with whom the User elects to deal, including terms and conditions set forth in a
Service Providers. In the event that any of the terms, conditions and notices contained
in this Agreement or the TOS conflict with the additional/other terms and guidelines
specified by the Service Provider, then the latter terms/guidelines shall prevail.
2.0 MODIFICATIONS OF TERMS
Think Ink Media Inc. reserves the right to change the terms, conditions and notices
under which the Services are offered through the Website, including but not limited
to the charges for the Services provided through the Website. The User shall be
responsible for regularly reviewing these terms and conditions.
3.0 PRIVACY POLICY
The User hereby consents, expresses and agrees that he has read and fully understands
the Privacy Policy of Think Ink Media Inc. in respect of the Website, The User further
consents that the terms and contents of such Privacy Policy are acceptable to him.
4.0 LIMITED USER
- 4.1
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial
purposes, any portion of the Service. For the removal of doubt, it is clarified
that the Website is not for commercial use but is specifically meant for personal
use only.
- 4.2
The User further agrees and undertakes not to reverse engineer, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or services obtained
from the Website. Limited reproduction and copying of the content of the Website
is permitted provided that the Think Ink Media Inc.'s name is stated as the source
and Think Ink Media Inc. Is informed in written. For the removal of doubt, it is
clarified that unlimited or wholesale reproduction, copying of the content for commercial
or non-commercial purposes and unwarranted modification of data and information
within the content of the Website is not permitted.
5.0 DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
- 5.1
Think Ink Media Inc. has endeavoured to ensure that all the information on the website
is correct, but Think Ink Media Inc. neither warrants nor makes any representations
regarding the quality, accuracy or completeness of any data or information contained.
Think Ink Media Inc. makes no warranty, express or implied, concerning the website
and/or its contents and disclaims all warranties of fitness for a particular purpose
and warranties of merchantability in respect of services, including any liability,
responsibility or any other claim, whatsoever, in respect of any loss, whether direct
or consequential, to any user or any other person, arising out of or from the use
of the information contained in the website.
- 5.2
Although Think Ink Media Inc. makes reasonable commercial efforts to ensure that
the description and content in the TOS and on each page of the website is correct,
it does not, however, take responsibility for changes that occurred due to human
or data entry errors or for any loss or damages suffered by any user due to any
information contained herein. Also, Think Ink Media Inc. is the service provider
only for the digital media content available on the site. Think Ink Media Inc. cannot
control or prevent changes in the published descriptions which are based upon information
provided by the service providers or customers like (but not limited to author reviews,
narrator reviews, comments and the star ratings).
- 5.3
Think Ink Media Inc. does not endorse any advertiser on its website in any manner.
The users are requested to verify the accuracy of all information on their own before
undertaking any reliance on such information.
- 5.4
In no event shall Think Ink Media Inc. be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the services; (b) the cost of procurement of
substitute goods and services or resulting from any goods, information or services
purchased or obtained or messages received or transactions entered into through
the services; (c) unauthorized access to or alteration of the user's transmissions
or data; (d) any other matter relating to the services; including, without limitation,
damages for loss of use, data or profits, arising out of or in any way connected
with the use or performance of the website. Neither shall Think Ink Media Inc. be
responsible for the delay or inability to use the website or related services, the
provision of or failure to provide services, or for any information, software, products,
services and related graphics obtained through the website, or otherwise arising
out of the use of the website, whether based on contract, tort, negligence, strict
liability or otherwise. Further, Think Ink Media Inc. shall not be held responsible
for non-availability of the website during periodic maintenance operations or any
unplanned suspension of access to the website that may occur due to technical reasons
or for any reason beyond Think Ink Media Inc.'s control. The user understands and
agrees that any material and/or data downloaded or otherwise obtained through the
website is done entirely at their own discretion and risk and they will be solely
responsible for any damage to their computer systems or loss of data that results
from the download of such material and/or data. These limitations, disclaimer of
warranties and exclusions apply without regard to whether the damages arise from
(a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other
cause of action, to the extent such exclusion and limitations are not prohibited
by applicable law. The maximum liability on part of Think Ink Media Inc. arising
under any circumstances, in respect of any services offered on the site, shall be
limited to the refund of total amount received from the customer for availing the
services less any cancellation, refund or others charges, as may be applicable.
In no case the liability shall include any consequential loss, damage or additional
expense whatsoever.
6.0 PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the Website and the digital media including but not
limited to audio books, downloaded from Reado.com , the User warrants that they
will not use the Website or the digital media downloaded for any purpose that is
unlawful or illegal under any law for the time being in force within or outside
India or prohibited by this Agreement and/or the TOS including both specific and
implied. In addition, the Website shall not be used in any manner, which could damage,
disable, overburden or impair it or interfere with any other party's use and/or
enjoyment of the Website. The User shall refrain from obtaining or attempting to
obtain any materials or information through any means not intentionally made available
or provided for or through the Website.
- 6.1 HACKING AND SECURITY
We use a variety of means to protect the security of this Site. You agree not to
attempt to access data or materials not intended for you, log into a server or account
that you are not authorized to access, test the vulnerability of our network and
security systems or otherwise breach or circumvent our security in any way. Although
we attempt to prevent viruses and other malicious software from being passed along
through this Site, you agree that protection of your own software, personal computer
and other devices from malicious software is your responsibility and agree to install
anti-virus and other security protections.
7.0 USE OF COMMUNICATION SERVICES
The Website may contain services such as email, chat, bulletin board services, information
related to recommendations, news groups, forums, communities, personal web pages,
calendars, and/or other message (hereinafter collectively referred to as "Communication
Services"). The User agrees and undertakes to use the Communication Services only
to post, send and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a limitation, the
User agrees and undertakes that when using a Communication Service, the User will
not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of
others;
- upload files that contain software or other material protected by intellectual property
laws unless the User owns or controls the rights thereto or have received all necessary
consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Website or another's computer;
- advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Communication Service that the User
know, or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or
to any particular Communication Service;
- violate any applicable laws or regulations for the time being in force in or outside
India; and
- violate any of the terms and conditions of this Agreement or any other terms and
conditions for the use of the Website contained elsewhere herein.
- 7.1
Think Ink Media Inc. has no obligation to monitor the Communication Services. However,
Think Ink Media Inc. reserves the right to review materials posted through Communication
Service and to remove any materials in its sole discretion. Think Ink Media Inc.
reserves the right to terminate the User's access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
- 7.2
Think Ink Media Inc. reserves the right at all times to disclose any information
as is necessary to satisfy or comply with any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in Think Ink Media Inc.'s sole discretion.
- 7.3
Think Ink Media Inc. does not control or endorse the content, messages or information
found in any communication service and, therefore, Think Ink Media Inc. specifically
disclaims any liability or responsibility whatsoever with regard to the communication
services and any actions resulting from the user's participation in any communication
service.
- 7.4
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. User is responsible for keeping himself
updated of and adhering to such limitations if they download the materials.
8.0 TERMINATION/ACCESS RESTRICTION
Think Ink Media Inc. reserves the right, in its sole discretion, to terminate the
access to the website and the related services or any portion thereof at any time,
without notice.
9.0 FEES PAYMENT
- 9.1
Think Ink Media Inc. reserves the right to charge delivery fees for certain areas,
as well as transaction fees based on certain completed transactions using the Think
Ink Media Inc. Services. Think Ink Media Inc. further reserves the right to alter
any and all fees from time to time, without notice.
- 9.2
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies
and assessments for availing the Think Ink Media Inc. Services.
10.0 USER'S OBLIGATIONS AND USER ACCOUNT
- 10.1
In consideration of use of the Website, the User represent and confirm that the
User is of legal age to enter into a binding contract and is not a person barred
from using the Website and/or receiving the Services under the laws of India or
other applicable law.
- 10.2
To avail a Service the User has and must continue to maintain at his sole cost:
(a) all the necessary equipments including a computer and modem etc. to access the
Website/avail Services; (b) own access to the World Wide Web. The User shall be
responsible for accessing the Services and that access may involve third party fees
including, airtime charges or internet service provider charges which are to be
exclusively borne by the User.
- 10.3
The user also understands that the services may include certain communications from
Think Ink Media Inc. as service announcements and administrative messages. The user
understands and agrees that the services are provided on an "as is" basis and that
Think Ink Media Inc. does not assume any responsibility for deletions, mis-delivery
or failure to store any user communications or personalized settings.
- 10.4
Registration of the User on the Website is mandatory. If the User opts to register
himself on the Website, upon completion of the registration process, the User shall
receive a user id , password with a verification code emailed to the address provided
by the user during signup. The User agrees and undertakes at all times to be responsible
for maintaining the confidentiality of the password and user id, and shall be fully
responsible for all activities that occur by use of such password or user id. Further,
the User agrees not to use any other party's user id and password for any purpose
whatsoever without proper authorization from such party. You are responsible for
the security of your password and for all transactions undertaken using your password
through our service. The Password entered by you is transmitted in one- way encrypted
form to our database and stored as such. Thus the Password will not be known even
to Think Ink Media Inc. You confirm that you are the authorised holder of the credit
card or the original account holder used in the transactions you make using the
Think Ink Media Inc. services. Think Ink Media Inc. will not be responsible for
any financial loss, inconvenience or mental agony resulting from misuse of your
ID/password/credit card number/account details number for using Think Ink Media
Inc. Services.
- 10.5
The user also agrees and undertakes to immediately notify Think Ink Media Inc. of
any unauthorized use of the user's password or user id and to ensure that the user
logs off at the end of each session at the website. Think Ink Media Inc. shall not
be responsible for any, direct or indirect, loss or damage arising out of the user's
failure to comply with this requirement.
- 10.6
The User also agrees to: (a) provide true, accurate and complete information about
himself and his beneficiaries as prompted by the registration form ("Registration
Data") on the Website; and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If the User provide any information
that is untrue, inaccurate, not current or incomplete or Think Ink Media Inc. has
reasonable grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Think Ink Media Inc. has the right to suspend or terminate the User's
registration and refuse any and all current or future use of the Website and/or
any Service.
- 10.7
Furthermore, the User grants Think Ink Media Inc. the right to disclose to third
parties Registration Data to the extent necessary for the purpose of carrying out
the Services.
11.0 BREACH
- 11.1
Without prejudice to the other remedies available to Think Ink Media Inc. under
this agreement, the TOS or under applicable law, Think Ink Media Inc. may limit
the user's activity, or end the user's listing, warn other users of the user's actions,
immediately temporarily/indefinitely suspend or terminate the user's registration,
and/or refuse to provide the user with access to the website if:
(a) the user is in breach of this agreement, the TOS and/or
the documents it incorporates by reference;
(b) Think Ink Media Inc. is unable to verify or authenticate
any information provided by the user; or
(c) Think Ink Media Inc. believes that the user's actions
may infringe on any third party rights or breach any applicable law or otherwise
result in any liability for the user, other users of the website and/or Think Ink
Media Inc..
- 11.2
Think Ink Media Inc. may at any time in its sole discretion reinstate suspended
users. once the user have been indefinitely suspended the user may not register
or attempt to register with Think Ink Media Inc. or use the website in any manner
whatsoever until such time that the user is reinstated by Think Ink Media Inc..
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the
documents it incorporates by reference, Think Ink Media Inc. reserves the right
to recover any amounts due and owing by the user to Think Ink Media Inc. and/or
the service provider and to take strict legal action as Think Ink Media Inc. deems
necessary.
12.0 PROPRIETARY RIGHTS
- 12.1
In case of Think Ink Media Inc. providing the User with content such as sound, photographs,
graphics, video or other material contained in downloads or as information, the
material may be protected by copyrights, trademarks or other intellectual property
rights and laws. The User may use this material only as expressly authorized by
Think Ink Media Inc. and shall not copy, transmit or create derivative works of
such material without express authorization from Think Ink Media Inc.
- 12.2
The User acknowledges and agrees that they shall not upload, post, reproduce or
distribute any content on or through the Website that is protected by copyright
or other proprietary right of a third party, without obtaining the permission of
the owner of such right. Any copyrighted or other proprietary content distributed
on or through the Website with the consent of the owner must contain the appropriate
copyright or other proprietary rights notice. The unauthorized submission or distribution
of copyrighted or other proprietary content is illegal and could subject the User
to personal liability or criminal prosecution.
13.0 RELATIONSHIP
None of the provisions of this Agreement, terms and conditions, notices or the right
to use the Website by the User contained herein or any other section or pages of
the Website and/or the Linked Sites, shall be deemed to constitute a partnership
between the User and Think Ink Media Inc. and no party shall have any authority
to bind or shall be deemed to be the agent of the other in any way. It may be noted,
however, that if by using the Website, the User authorizes Think Ink Media Inc.
and its agents to access third party sites designated by them or on their behalf
for retrieving requested information, the User shall be deemed to have appointed
Think Ink Media Inc. and its agents as their agent for this purpose.
14.0 HEADINGS
The headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope, extent
or intent of this Agreement, the TOS or the right to use the Website by the User
contained herein or any other section or pages of the Website or any Linked Sites
in any manner whatsoever.
15.0 INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural
form of the terms defined. Whenever the context may require, any pronoun shall include
the corresponding masculine and feminine. The words "include", "includes" and "including"
shall be deemed to be followed by the phrase "without limitation". Unless the context
otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words
of similar import refer to this Agreement as a whole.
16.0 INDEMNIFICATION
The User agrees to indemnify, defend and hold harmless Think Ink Media Inc. from
and against any and all losses, liabilities, claims, damages, costs and expenses
(including legal fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred by Think Ink Media Inc. that arise out of,
result from, or may be payable by virtue of, any breach or non-performance of any
representation, warranty, covenant or agreement made or obligation to be performed
by the User pursuant to this Agreement and/or the TOS.
17.0 SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable
in whole or in part, such invalidity or unenforceability shall attach only to such
provision or part of such provision and the remaining part of such provision and
all other provisions of this Agreement shall continue to be in full force and effect.
18.0 TERMINATION OF AGREEMENT AND SERVICES
- 18.1
Either the User or Think Ink Media Inc. may terminate this Agreement and a Service
with or without cause at any time to be effective immediately.
- 18.2
The User agrees that Think Ink Media Inc. may under certain circumstances and without
prior notice, immediately terminate the User's user id and access to the Website/Services.
Causes for termination may include, but shall not be limited to, breach by the User
of this Agreement or the TOS, requests by enforcement or government agencies, requests
by the User, non-payment of fees owed by the User in connection with the Services
as specified in the applicable TOS.
- 18.3
This Agreement may be terminated by either the User or Think Ink Media Inc. through
a written notice to the other. Think Ink Media Inc. shall not be liable to the User
or any third party for termination of any Service. Should the User object to any
terms and conditions of this Agreement, any TOS or become dissatisfied with the
Service in any way, the User's only recourse is to immediately: (a) discontinue
use of the Website/Service; and (b) notify Think Ink Media Inc. of such discontinuance.
- 18.4
Upon termination of the Service, User's right to use the Website/Services and software
shall immediately cease. The User shall have no right and Think Ink Media Inc. shall
have no obligation thereafter to execute any of the User's uncompleted tasks or
forward any unread or unsent messages to the User or any third party. Once the User's
registration or the Services are terminated, cancelled or suspended, any data that
the User has stored on the Website may not be retrieved later.
19.0 NOTICES
All notices and communications (including those related to changes in the TOS, Service,
termination of Service etc.,) shall be in writing, in English and shall deemed given
if delivered personally or by commercial messenger or courier service, or mailed
by registered or certified mail (return receipt requested) or sent via email/facsimile
(with acknowledgment of complete transmission) to the following address:
- If to Think Ink Media Inc., at admin@Reado.com or at the address posted on the Website.
- If to a non registered User, at the communication and/or email address specified
in the application form availing of a Think Ink Media Inc. Service.
- If to a registered User, at the communication and/or email address specified in
the registration form.
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched,
displayed, as the case may be, unless, where notice has been sent by email, it comes
to the knowledge of the sending party, that the email address is invalid.
20.0 GOVERNING LAW
This agreement and each TOS shall be governed by and constructed in accordance with
the laws of India without reference to conflict of laws principles and disputes
arising in relation hereto shall be subject to the exclusive jurisdiction of the
courts of New Delhi.
Terms and Conditions for Local Deliveries:
- Orders will be delivered within 15 working days depending on the location of the
address.
- The above product will be delivered all over India.
- No Deliveries on National Holidays and Sundays.
- We cannot commit exact date of delivery for courier products.
- Courier product will reach in advance/late within 15-20 days as per date of delivery.