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3. Terms DISCLAIMER TERMS OF USE INCLUDING PRIVACY POLICY AGREEMENT BETWEEN USER AND YOGIIMPRESSIONS.COM TERMS OF USE Please read this agreement ("Agreement") carefully before accessing or using this web site ("Site"). By accessing or using the Site, you agree to be bound by this Agreement. Yogi Impressions Books Pvt. Ltd. (“yogiimpressions”), its associate companies, its consultants, its partners, printers, authors and suppliers provide the information and services (''Services'') on this Site to you, the User, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices. The information and Services offered on this Site are provided with the understanding that neither yogiimpressions.com nor its suppliers are engaged in rendering legal or other professional Services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. Yogi Impressions, its associate companies, its consultants, authors, partners, suppliers, printers and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Services or other materials on this Site. While yogiimpressions.com strives to keep the information on this Site accurate, complete and up-to-date, Yogi Impressions its associate companies, consultants, authors, partners, printers, agents and suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. PERSONAL AND NON-COMMERCIAL USE LIMITATION: PROHIBITED USES You may access, download and print materials on this Site for your personal and non-commercial use. If and when requested by yogiimpressions.com, you agree to provide true, accurate and complete User information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the prior written permission of Yogi Impressions, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution. PROPRIETARY RIGHTS All materials on this Site (as well as the organisation and layout of the Site) are owned and copyrighted or licensed by yogiimpressions, its affiliates or its suppliers. © 2000-2006 Yogi Impressions Books Pvt. Ltd. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on this Site is permitted without the prior written permission of Yogi Impressions. TRADEMARKS Yogiimpressions.com and other yogiimpressions.com logos, product and service names are trademarks owned by/licensed to yogiimpressions.com by Yogi Impressions (the "Marks"). Without the prior written permission of Yogi Impressions, or its appropriate affiliates, you agree not to display or use in any manner, the Marks. All other trademarks are the property of their respective owners. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of this Site, you warrant to yogiimpressions that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the yogiimpressions.com Site/Services in any manner which could damage, disable, overburden, or impair any yogiimpressions.com Site/ Services (or the network(s) connected to any yogiimpressions.com Site/Service(s)) or interfere with any other party's use and enjoyment of any yogiimpressions.com Site/Service(s). You may not attempt to gain unauthorised access to any yogiimpressions.com Site/Services, other accounts, computer systems or networks connected to any yogiimpressions.com Site/Services, through hacking, password mining or any other means (whether now known or hereafter developed or invented). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the yogiimpressions.com Site/Services. If you violate any of these terms, your permission to use the Site automatically terminates and you may be subjected to criminal and civil liability. ELIGIBILITY You warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this Agreement and to buy items and use any other Services offered on this Site in accordance with all terms and conditions herein. If you are buying goods or using the Services, you further warrant that you have legal authority to enter into other binding agreements for the purchase of goods or use of Services. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree and undertake to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties. LIABILITY DISCLAIMER You use this Site at your own risk. If your use of this Site or the materials sold thereunder results in the need for replacing material, neither yogiimpressions.com nor its affiliates are responsible for those costs. In the event of product sold requires replacing the product, Yogi Impressions shall, at its sole discretion, do one of the following: (a) replace the product sold that is returned to yogiimpressions with a copy of client’s receipt; or (b) refund the amount paid by you. You will receive the remedy elected by Yogi Impressions without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the product to Yogi Impressions). This limited warranty is void if defect in the product sold has resulted from accident, abuse, misapplication, negligence, abnormal use or improper or inadequate handling by the client, improper use or operation outside the specifications for the product. CHANGES ARE PERIODICALLY MADE AND ADDED TO YOGIIMPRESSIONS.COM WEBSITE AND TO THE INFORMATION HEREIN. YOGI IMPRESSIONS, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL YOGI IMPRESSIONS, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE OR PROFIT, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, SERVICES OR THIS AGREEMENT OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YOGI IMPRESSIONS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE YOGIIMPRESSIONS. COM SITE/SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE YOGIIMPRESSIONS. COM SITE/SERVICES. THE YOGIIMPRESSIONS.COM WEB SITE CONTAINS VIEWS, OPINIONS AND RECOMMENDATIONS OF USERS OF THE YOGIIMPRESSIONS.COM WEB SITE, ADVERTISERS, THIRD PARTY INFORMATION PROVIDERS AND ORGANIZATIONS. THE YOGIIMPRESSIONS.COM WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOGI IMPRESSIONS MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE WEB SITE OR ANY CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY USE OF SUCH CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDED THROUGH OR ON THE YOGIIMPRESSIONS.COM WEB SITE SHALL BE AT YOUR SOLE RISK. YOGI IMPRESSIONS EXPRESSLY STATES THAT YOGI IMPRESSIONS SHALL NOT BE RESPONSIBLE OR HELD LIABLE FOR ANY CONTENT, ADVERTISING, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEB SITE. YOGI IMPRESSIONS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THE YOGIIMPRESSIONS.COM WEB SITE; AND (B) WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OR WORKMAN EFFORT OR TITLE OR AGAINST INFRINGEMENT. IN NO EVENT WILL YOGI IMPRESSIONS, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS, BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES RESULTING FROM OR CAUSED BY THE YOGI IMPRESSIONS WEB SITE, ITS PUBLIC POSTING BULLETING BOARDS, ITS CONTENT OR ANY ERRORS OR OMISSIONS IN ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS, CONSULTATIONS AND SERVICES OFFERED ON YOGIIMPRESSIONS.COM ARE NOT TO BE UNDERSTOOD AS A SUBSTITUTE FOR THE ACCURATE AND APPROPRIATE MEDICAL OR PSYCHOLOGICAL ASSESSMENT, DIAGNOSIS OR TREATMENT PRESCRIBED IN A ONE-ON-ONE RELATIONSHIP WITH A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. YOGIIMPRESSIONS.COM DOES NOT DISPENSE MEDICAL OR PSYCHOLOGICAL TREATMENT OR PRESCRIBE THE USE OF ANY TECHNIQUE AS A FORM OF TREATMENT FOR PHYSICAL, EMOTIONAL OR MEDICAL PROBLEMS AS AN ALTERNATIVE TO THE ADVICE OF A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. IF YOU HAVE, OR FEEL YOU HAVE, A MENTAL, EMOTIONAL OR PHYSICAL ILLNESS, OR IF YOUR SITUATION COULD BE SERIOUS OR LIFE-THREATENING, YOU SHOULD CONTACT A PHYSICIAN OR MENTAL HEALTH PROVIDER IMMEDIATELY. (C) ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. INDEMNIFICATION You agree to indemnify, defend and hold harmless Yogi Impressions, its parents, subsidiaries, affiliates, licensors, suppliers and any third party information providers, its officers and employees from any liability, loss, claim, demand, damage, costs and expense (including attorneys' reasonable fees) related to your violation of this Agreement. USE AND DISCLOSURE The personal information including your name, title, company or organization name, work e-mail, work phone, work or home address, information about your job function, information about your company collected on this Site will be used to operate the Site and to provide the Service(s) or carry out the transaction(s) you have requested or authorized. In support of these uses, Yogi Impressions may use personal information to provide you with more effective customer service, to improve the Site and any related Yogi Impressions products or services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Site to your particular preference or interests. In order to offer you a more consistent experience in your interactions with Yogi Impressions, information collected by yogiimpressions.com may be combined with information collected by other Yogi Impressions Services. We may use your personal information to provide you with important information about the product or Service that you are using, including critical updates and notifications. Additionally, Yogi Impressions may send you information about other Yogi Impressions products and services, and/or share information with Yogi Impressions partners so they may send you information about their products and services. Yogi Impressions merge site-visitation data with anonymous demographic information for research purposes, and Yogi Impressions may use this information in aggregate to provide more relevant content. In some limited-entry sections of yogiimpressions.com, with your approval, Yogi Impressions will combine site-visitation data with your personal information in order to provide you with personalized content. If you decline permission, Yogi Impressions will not provide you the personalized service and won't merge your personal information with site-visitation data. When you sign up for a newsletter or agree to receive promotional e-mail, Yogi Impressions may use customized links or similar technologies to track e-mail links that you click. Yogi Impressions may associate that information with your personal information in order to provide you more focused e-mail communications or purchase information. Each e-mail communication includes an unsubscribe link allowing you to stop delivery of that type of communication. Some services on yogiimpressions.com offer individuals the ability to publicly display certain personal information, such as for a Yogi Impressions partner who wishes to publish contact information as part of offering a business service. Participation in such services is always optional. Yogi Impressions occasionally hires other companies to provide limited services on its behalf, such as web site hosting, packaging, mailing and delivering, answering customer questions about products and services, and sending information about Yogi Impression’s products, special offers, and other services. Yogi Impressions will only provide those companies the personal information they need to deliver the service. Yogi Impressions shall endeavour to ensure that they maintain the confidentiality of the information and are prohibited from using that information for any other purpose. Yogi Impressions reserves the right to disclose any personal information about you or your use of the yogiimpressions.com Site/Services, including its contents, without your prior permission if Yogi Impressions has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Yogi Impressions or its affiliated companies; (3) enforce the terms or use for the purpose of rendering Services of providing information to the User; or (4) act to protect the interests of its members or others. Yogi Impression's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Yogi Impression's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the yogiimpressions.com Site/Services or information provided to or gathered by Yogi Impressions with respect to such use. USE OF SERVICES: yogiimpressions.com Site/Services may contain e-mail services, bulletin board services, or other communication facilities designed to enable you to communicate with Yogi Impressions, its parents, subsidiaries, affiliates and suppliers (collectively, "Communication Services"). Yogi Impressions has no obligation to monitor the Communication Services. However, Yogi Impressions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Yogi Impressions reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Caveat: Yogi Impressions undertakes no obligations for confidentiality of information provided by you and you would do so entirely at your sole risk. Always use caution when giving out any personally identifying information about yourself in any Communication Service. MATERIALS PROVIDED TO YOGIIMPRESSIONS.COM OR POSTED AT ANY YOGIIMPRESSIONS.COM'S WEB SITE Yogi Impressions does not claim ownership of the materials you provide to Yogi Impressions or post, upload, input or submit to any yogiimpressions.com Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Yogi Impressions, its affiliated companies, consultants, authors and agents the necessary permission to use your Submission for reviewing, analysing and examining the Submission by an expert or panel of experts on the subject of the Submission. PRIOR PERMISSION OF YOGI IMPRESSIONS Permission to use any documents (such as articles and other text) and related graphics (such as images, photographs, maps, charts, and illustrations) available from yogiimpressions.com is granted, provided that (1) the proper credit and Yogi Impressions copyright notice appears on all copies; (2) use of the documents and graphics available from this Web Site is for informational and non-commercial or personal use only; and (3) no documents or graphics, including logos, available from yogiimpressions.com are modified in any way. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. LINKS TO THIRD PARTY SITES This Site may contain hyperlinks to web sites operated by parties other than Yogi Impressions, or its affiliates. For example, clicking on a category in the links section on yogiimpressions.com may bring you to a site operated by a party independent of Yogi Impressions or its affiliates. Such hyperlinks are provided for your reference only. Yogi Impressions does not control such web sites, and is not responsible for their contents, including without limitation any link contained in the hyperlinks or any changes or updates of hyperlinks. Inclusion of hyperlinks by yogiimpressions.com to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and Services therein, solely at your own risk. Yogi Impressions shall not be responsible for webcasting or any other form of transmission received from any hyperlink nor is Yogi Impressions responsible, if the hyperlink is not working appropriately. Furthermore, because the privacy policy you just read is applicable only when you are on Yogi Impression’s Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information. Yogi Impressions shall not be responsible for any dealings with third parties (including advertisers) included within the yogiimpressions.com Site/Services or participation in promotions, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, as these dealings are solely between the User and the advertiser or other third party. CHANGES TO SITE Yogi Impressions, its associate companies, affiliates, consultants, partners, authors, and/or its suppliers reserves the rights to make improvements or changes in the information, Services, products, and other materials on this Site including but not limited to changes associated with the use of Site, or terminate this Site, at any time without notice. Yogi Impressions may amend and/or modify this Agreement at any time, and such amendments and/or modifications shall be effective immediately upon posting of the amended and/or modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the amended and/or modified Agreement. GENERAL TERMS AND CONDITIONS: • Yogi Impressions shall provide the Services/merchandise only after the receipt of 100% payment in advance. • After receipt of advance payment, if any of the Services offered by Yogi Impressions could not be undertaken for reasons not attributable to the User, the advance payment would be refunded to the User without any payment of interest. No refund will be permissible if the Services contracted could not be conducted for reasons attributable to the User. • Any liability on Yogi Impressions on any account shall be restricted to the value of the Service/product in question. Yogi Impressions shall not be responsible for any loss/claim/damage whatsoever beyond this value. • Prices quoted by Yogi Impressions for various Services/merchandise include expenses incurred by Yogi Impressions for procuring the Services/merchandise, bank transaction charges, communication charges, courier charges etc., except where it is indicated otherwise. • Prices quoted in US dollars are indicative only. However, due to exchange rate fluctuations, the actual price payable in US dollars by the User may vary from the indicated price. Users are requested to note that this is a requirement of the credit card issuing companies, and Yogi Impressions does not have much control over this matter. • Yogi Impressions reserves the right to revise the prices at any time at its sole discretion without any notice. However, the User agrees and undertakes that he/she would be liable to pay the prices prevailing at the time of dispatch of his order by Yogi Impressions. • These General Terms and Conditions (GTC) would be in addition to any other Special Terms and Conditions (STC) which may be specified by Yogi Impressions for any particular Service(s). • These GTC would be valid for all transactions with Yogi Impressions done through this portal unless specified otherwise for any particular transaction(s). • In the event that any GTC contained herein are in conflict with the STC or other terms and conditions contained with any particular yogiimpressions.com Site, then these terms shall prevail. Language of the Agreement It is the express will of the parties that this Agreement and all related documents have been drawn up in English. Governing Law This Agreement shall be governed by, interpreted, and enforced in accordance with the substantive laws of the India and disputes arising in respect hereto shall be subject to the exclusive jurisdiction of the relevant courts of Mumbai. No Agency This Agreement shall not constitute any party as the legal representative or agent of any other, nor shall any party have the right or authority to assume, create or incur any liability or obligation, express or implied, against, in the name of, or on behalf of another party. Except as may be expressly set forth herein, this Agreement is not intended to create and shall not be construed to create a relationship or partnership, joint venture or association between the parties. Partial Invalidity If any provision of this Agreement or the application thereof to any person or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision which is valid and enforceable and most nearly gives effect to the original intent of unenforceable provision.
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