Terms and Condition
DISCLAIMER

BookAllAds is not liable for any inaccurate / misleading information / advertisement. It is the responsibility of end‐user to research / verify / accept bonafide content. BookAllAds is not responsible for the consequences of any actions taken based on the information provided on the website. Buying and selling through BookAllAds is available only to individuals who confirm all the valid and legal requirements to enter into a valid contract enforceable under the law.

CONTENT

The Advertiser states that the contents of the advertisement given by him / her are true and correct and that nothing has been concealed from the newspaper and is in compliance with the laws in India. The Advertiser stands by the content of the said advertisement and indemnifies the Newspaper / portal / website of any action legal / civil that may follow because of the publication of the said advertisement. Under no circumstances will BookAllAds be liable for any loss to the advertiser for any error or omission on part of the publication. Cancellations and alterations will be accepted only in writing given to BookAllAds with at least 7 days prior notice and will be executed under our cancellation policy.

UTMOST GOOD FAITH

All Ads are accepted in good faith and BookAllAds accepts no responsibility whatsoever regarding the bonafides of the Advertisers’, nor can any interviews be granted or correspondence entered into regarding any advertisement published.

CONTENT OF ADVERTISEMENT

All information of whatsoever nature received from the user / advertiser is taken in good faith, without suspecting the bonafides of the advertiser. The contents of the advertisement is believed to be true and correct and in compliance with the laws of India.

INDEMNIFY

The advertiser indemnifies BookAllAds for any action or claim by any third party resulting from any advertisement given by the advertiser or its agency to BookAllAds to release.

LIMITATION OF LIABILITY

Under no circumstances will BookAllAds be liable for any loss to the advertiser for any error or omission. Cancellations and alterations will be accepted only in writing.

MODIFICATIONS TO TERMS AND CONDITIONS

BookAllAds in its sole discretion shall reserve the right to modify the Terms & Conditions at any time and without prior notice to its users / advertiser, and edit, modify and alter the content of the advertisement. In a situation where user selects multi publication / multi editions, the Publication will reserve the right to reschedule the ad, print dates subject to availability of space & dates with the publication.

RESCHEDULING ADVERTISEMENTS

BookAllAds reserves the unqualified right on behalf of the publication to decline, change or reschedule any advertisement / listing notwithstanding earlier acceptance by us or even if payment for the advertisement has been made. The conditions contained along with its modifications if any shall always govern the acceptance and publication of any advertisement.

DEALINGS WITH ORGANISATIONS AND INDIVIDUALS

BookAllAds does not take responsibility of being directly involved in any transaction including SMS and / or any other services between parties using the site. BookAllAds site is a venue only and do not screen or censor or otherwise control the listings offered to other Users, nor does BookAllAds, screen or censor or otherwise control the Users of its service. BookAllAds does not assume responsibility for the content or context of the user comment areas and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion.

CONDUCT

BookAllAds service may be used only for lawful purposes. Transmission, distribution or storage of material or conduct in violation of any applicable local, State, Central or foreign law or regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity, or violates export control laws. The user may use the information on our site only to the extent necessary to facilitate BookAllAds related transactions.

PROHIBITION OF OFFENSIVE CONTENT

BookAllAds prohibits the transmission (through SMS / Text / Advertisement or any other content), distribution or posting of unwanted or offensive content, prohibited transmissions include without limitation, profane or sexually explicit advertisements that include masking or misspelling the words, or images that would be illegal in any Law in force.

DANGEROUS/ STOLEN GOODS AND OFFENSIVE TEXT

BookAllAds prohibits the listing / sale / SMS of the following goods / services for any reason, including but not limited to any item that is illegal to sell under any applicable law, statute, ordinance or regulation including the following: any controlled substance; dangerous, counterfeit or stolen goods; goods which do not actually exist; any good that infringes or violates anyone's rights; any item which in BookAllAds's sole discretion is inflammatory, offensive or otherwise inconsistent with BookAllAds's standards of business ethics; any messages, data, or images that might be considered by a reasonable person to be obscene or which contain racial, ethnic, religious slurs or derogatory epithets, or advocating violence, hate or other language that is deeply or widely offensive.

REFUSAL OF SERVICE

If BookAllAds, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, BookAllAds may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, cancellation of the user’s account and / or the exclusion of any person(s) who may have violated any Terms & Conditions. BookAllAds will cooperate with any investigation conducted by any Central, State, or local body or any court or tribunal legitimately exercising its rights. Such cooperation may be without notice to the user. If BookAllAds believes in its sole discretion that any ad that may create liability for BookAllAds, BookAllAds may take any actions that it believes are prudent or necessary to minimize or eliminate its potential liability, including but not limited to, the release of User information. In sum, BookAllAds reserves the right to refuse service to anyone at any time, and to remove any listings or any advertisements for any reason, and without notice.

APPLICABLE TAXES AND COSTS

User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the BookAllAds service. We may also, in our sole discretion, add or delete fees associated with the Service.

DISCLAIMER OF WARRANTIES

User agrees that use of the service is at user's sole risk. The service is provided on an "as is" and on an "as available" basis. BookAllAds expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

NO WARRANTY OF SERVICE

BookAllAds makes no warranty that the service will meet the user's requirements, that the service will be uninterrupted, timely, secure, or error free; nor does BookAllAds make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service.

USER DATA

The user gives BookAllAds exclusive, worldwide, royalty‐free, irrevocable, sublicense able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in the user listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the surfer (the "User") to BookAllAds with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of BookAllAds. The user shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.

NOTICE TO ADVERTISER/USER

Notice: Any notice to the advertiser / user or to us shall be made by either email or regular mail. We may also give notice of changes to these Terms & Conditions or other matters related to BookAllAds by displaying notices to Users on the Service.

EXCLUSIVE AGREEMENT

This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and or communications regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.

GOVERNING LAW

These Terms & Conditions and the relationship between User and BookAllAds shall be governed by the laws of the State of West Bengal, without regard to its conflict of law provisions. User and BookAllAds agree to submit to the personal and exclusive jurisdiction of the courts located within the State of West Bengal.

FILING OF CLAIM

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within 15 days after such claim or cause of action arose or be forever barred.

ACCEPTANCE OF ADVERTISEMENTS

BookAllAds is accepting the advertisements only on behalf of the publications featured on the site. It is in no way responsible for any delay by the publications to discharge any of their obligations towards the users.

SCHEMES, DISCOUNTS, SERVICES AND PUBLICATIONS

BookAllAds shall reserve the sole discretion and irrevocable right to offer / not offer schemes / services / products / new features / discounts / promotional packages on its website exclusive to any existing or future media, known or unknown mode and vice versa.

CANCELLATION OF CONTENT AND ITS CHARGES

BookAllAds shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the advertiser by the customer shall be at the applicable rates laid down in the cancellation and refund policy. This can be done till the Ad status does not read "Order Verified".

In the event of your need for cancellation of the advertisement booked, the advertiser shall need to send a written communication to 'Customer Care Team' to the mail id support@BookAllAds.com with the Booking ID, Name(s) of the Newspaper(s), Editions and the Release Date(s) along with the request for ad cancellation.

On receipt of the mail for Cancellation of the Advertisement booked, BookAllAds shall coordinate with the corresponding publication and commence the cancellation process. It will be an offline cancellation process and depends whether the ad request is already processed / forwarded to the corresponding section for publishing.

The cancellation can be made within 4 Days before the publishing date excluding Sundays and any Govt. / National / Regional holidays.

CANCELLATION & REFUND POLICY

Ad Cancellation for any reason would entail a charge of 25% on your total cost & would be only permissible till the Ad is not processed to the publication. Under the circumstances an ad is missed to release on schedule date, on request of the customer we can refund the amount with no charges. Ad refunds are processed in the same mode in which we receive the payment. In case of refund of payment made through cash collection from home, we will use Cheque mode to refund the payment. Refunds are processed within 10 business days.

SITUATIONS WHERE AN ORDER GETS AUTOMATICALLY CANCELLED:
  1. When we haven't received your payment in time.
  2. When we haven't been able to process your payment successfully
  3. When we haven't received the supporting documents.
  4. If the publication rejects the ad due to the abusive nature of content.


On all the above situations, the cancellation charge of 10% or Rs.200/- whichever is higher will be levied and the balance amount will be refunded. Please note this refund process will take upto 7 working days.

No cancellation request will be entertained if requested after the 4 day deadline.

SITUATIONS WHEN YOUR ADVT MAY NOT BE CARRIED OUT:
  1. Due to the publication's scheduling errors.
  2. Un-availability of Space on the specified day.
  3. Non Issue of publication on the day owing to some holidays or other reasons etc.

On all the above situations, on discussion with the publication, the next best available dates will be offered to the customers. On their acceptance of the new date of release, the advertisement will be rescheduled with the prevailing terms and conditions for the release on the particular day.

If the customer does not want to reschedule but wants to cancel, on the receipt of his cancellation order, full amount will be refunded on request.

As per the policy of BookAllAds, we do not issue refunds once the order is accepted and the advertisement is published.

VISUAL CONFIRMATION OF AD RELEASE

If you are not a subscriber of the newspaper then you can verify your advertisement via the epaper editions of your newspaper. The epaper is an online replica of the print version and is accessible for all leading newspapers and their major editions. If epaper edition is unavailable then you can ask your family or friends who subscribe to the newspaper to verify your ad. We currently do not provide any service to provide a scanned copy of the advertisement.

LISTING PLACEMENT / POSITION

No particular page / position shall be guaranteed by the publication/ website / portal to its clients for any advertisement.

STOP ORDERS / CANCELLATIONS

The Management shall not be bound by notices to stop orders, cancellations, pre-ponements / postponements or alterations / deletions / additions in the material(s) of advertisement(s) booked for publication.

DISCOUNT CONDITIONS

1) Coupons are valid for a limited time only. Bookallads reserves the right to modify or cancel coupons at any time.
2) If you do not purchase the qualifying items when placing the order, the discount will not apply.
3) The coupon applies only to qualifying items displaying the coupon offer in the Offers list of Bookallads.
4) The coupon offer will not be valid until it is applied at the time of placing the order.
5) The coupon may only be used on www.bookallads.com and in conjunction with the purchase of services offered by Bookallads.com and not on services offered by third-parties / re-sellers.
6) The promotion is limited to one coupon per order.
7) Promotion may not be combinable with mail-in rebates.
8) If an order on which coupon is applied is cancelled, the coupon discount or value shall be subtracted from the return credit.
9) Void where prohibited.
10) Bookallads has no obligation for payment of any tax in conjunction with the distribution or use of any coupon.
11) Consumer is required to pay any applicable taxes related to the use of the coupon.
12) Coupons are void if restricted or prohibited by law.
13) One coupon cannot be combined with any other coupon / offer.

PARTNER PUBLICATIONS

For all Ads booked for partner publications by the Advertiser, the partner publication will take the sole responsibility of publishing the advertisement and its contents. In the eventuality of any deficiency of service the partner publication shall bear the sole responsibility for the same. BookAllAds shall NOT be held responsible for it.

REPORTING VIOLATIONS OF TERMS AND CONDITIONS

Please help us keep the BookAllAds site an enjoyable experience for all Users. If users observe materials or behavior that may violate or are in violation of the BookAllAds Terms & Conditions, users are requested to contact BookAllAds at support@BookAllAds.com to inform us accordingly.

BULK SMS / VOICE CALL POLICY

In India, due to strict adherence of CLI Policy (as per TRAI) we have to abide by certain rules and regulations. As per the policy, SENDER ID’s in personal names is not permitted. Also, SENDER ID’s which resemble any celebrity or a known personality is not allowed. The SENDER ID needs to be approved by us. Once you have registered for our services, you need to place a request for SENDER ID approval. Our team shall then review your request and if deemed fit, will approve your request. However, if your SENDER ID is not approved, we shall provide you with relevant reasons for non-approval. If any SENDER ID is similar to any known brand, then for the approval of the same, you will be required to submit relevant documents supporting the same. Non-submission of the supporting documents may lead to suspension of the account. This is done to prevent any misuse of the services as per the guidelines of TRAI and NDNC registry.

The users are required to adhere to the NDNC policy of TRAI. They should send marketing and promotional messages to only opt-in subscribers. If they do not have their list of opt-in subscribers, they must filter the list from NDNC registry as per TRAI rules and regulations. Non-compliance with the TRAI NDNC Policy will be deemed as breach of contract and we shall not be responsible for discontinuance of the services. Any obligation arising out of non-compliance with the TRAI Policy shall be borne by the user. All the legal and monetary claims that arise out of non-compliance of the TRAI regulations shall be settled by the user. KPS BOOKALLADS PRIVATE LIMITED reserves the right to modify the policy at any time without any consent. All the subscribers of our services are required to follow the policy as modified from time to time.

The subscribers are required to go through the following terms of use and follow the same. In case you do not agree to any of the terms and conditions, you are free to not use our services:

  1. ILLEGAL USAGE – KPS BOOKALLADS PRIVATE LIMITED should be used only for lawful purposes. Transmission, distribution or storage of any material or content in violation of any applicable law or regulation is prohibited. This includes, without limitation, content protected by copyright, trademark, trade secret or any other intellectual property rights, used without prior and proper authorization, and content that is obscene, defamatory, constitutes an Illegal threat, violates any law or is anti-national. Any SMS containing adult content or illegal content like lottery winnings, etc. is completely prohibited. Any content which is misleading or influencing in any manner which induces involvement of money, is prohibited.
  2. SYSTEM AND NETWORK SECURITY – – Violation of system or network security is prohibited, and may result in Criminal and Civil Liability. If KPS BOOKALLADS PRIVATE LIMITED investigates incidents involving such violations and then it may involve / will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
    1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
    2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
    3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
    4. Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data.
    5. Harassing or threatening transmissions.
    6. Probing for means of gaining unauthorized access to computers or networks.
    7. Introducing or causing to be introduce any computer contaminant or computer viruses into system or network.
    8. Introducing or causing to introduce any pornography material, SMS etc.
  3. INDEMNIFICATION – Subscribers agree to defend, indemnify and hold harmless KPS BOOKALLADS PRIVATE LIMITED, its affiliates and their respective owners, directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the misuse of the services or non-compliance with any regulations and law enforced by any legal or civil authorities. The sole responsibility of any claim arising out of use by the subscriber shall rest on the subscriber and KPS BOOKALLADS PRIVATE LIMITED will not be held liable in any case.
  4. SMS – The subscribers are not allowed to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, State, National or International law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising. User cannot use any SENDER ID to send SMS other than his own name, company or firm’s name owned or managed by him / her. Using Sender ID other than owned by him will cause the termination of account and all credits will be set to zero. A formal complaint will also be lodged (FIR) with the law & order agency. Sending unsolicited SMS messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
  5. COST / CHARGES POLICY
    1. The mode of payment can be cheque, draft, cash, bank transfer, etc as available as per the order.
    2. Advance payment has to be made by the subscriber for using the services of KPS BOOKALLADS PRIVATE LIMITED.
    3. Service Tax as applicable will be levied on the charges mentioned.
    4. KPS BOOKALLADS PRIVATE LIMITED is entitled to reduce the balance of SMS Credits at the end of the validity period. Extension of validity is at the sole discretion of KPS BOOKALLADS PRIVATE LIMITED and the subscriber cannot claim the non-used credits after the validity is over.
    5. The subscriber agrees to pay in Indian Rupees.
    6. KPS BOOKALLADS PRIVATE LIMITED shall not be responsible in any manner whatsoever to the subscriber or any other third party for delayed, incomplete and non-delivery of SMS due to technical reasons.
    7. No objectionable / unsolicited message should be sent by the subscriber. Any liability arising due to such act shall be borne by the subscriber.
    8. The messages shall be sent between 9 AM and 9 PM, except critical transactional messages that are required to be sent immediately.
    9. The nature of business and the primary content of the SMS has to be specified by the subscriber.
    10. The rates are subject to change without notice.
    11. In case of change / revision of IUC for inter-operator termination charges; these bulk SMS charge will be revised. Subscribers will have to pay the differential amount in order to send non-consumed SMS. In case TRAI levies any Extra Charges above 1 Paisa per SMS e.g. interconnectivity Charges, the User will have to bear all such charges for the Balance SMS Credits in their account. The Provider Company reserves the Right to suspend User Account 7 days after giving a Notification by E-Mail or SMS to the Client in case the client does not deposit the Differential Amount to the Provider. A copy of all such Policies will be provided to the customer before charging anything extra.
  6. REFUND POLICY – All the payments have to be made in advance and once any service has been subscribed, it cannot be cancelled. We always advise the subscribers to test our services before opting for the same. We do not offer any refunds or cancellations. However, in case of a genuine issue, KPS BOOKALLADS PRIVATE LIMITED may agree to cancel the subscription and provide the refund after proper verification of the reasons thereof. The refund shall be made within 60 days of the settlement and a total of 20% shall be deducted as processing fee. However, if the subscriber is not satisfied with any of our services, we shall try our best to solve the same. If any subscriber asks for cancellation or refund wherein there is no fault of KPS BOOKALLADS PRIVATE LIMITED, then it shall not be entertained.

DECLARATION

KPS BOOKALLADS PRIVATE LIMITED has no control on the contents of the SMS sent and that KPS BOOKALLADS PRIVATE LIMITED shall not be held responsible / liable directly or indirectly neither for the content of the SMS sent nor for any delay in delivery or non-delivery or for any errors routed by KPS BOOKALLADS PRIVATE LIMITED through its SMSC. KPS BOOKALLADS PRIVATE LIMITED shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems etc. User shall use the facilities provided by KPS BOOKALLADS PRIVATE LIMITED for delivery of SMS that terminates within India only. User also acknowledges that it will not use the capability of sending international SMS through KPS BOOKALLADS PRIVATE LIMITED SMSC.

User will not send unsolicited SMS (also referred to as ‘spamming’) to subscribers. All SMSs sent by the user using KPS BOOKALLADS PRIVATE LIMITED SMSC must conform to IT Act 2000 and other relevant laws of India. Any violation will be the sole responsibility of user.

User has complete control of the Sender-ID (Alphanumeric or Numeric) of the SMS sent through KPS BOOKALLADS PRIVATE LIMITED and will not misuse this facility. In case it is found that user is misusing this facility by sending a message on someone’s name without his / her approval, it shall be treated as a breach of this agreement and the connection will be disconnected forthwith. It shall be sole responsibility of user and KPS BOOKALLADS PRIVATE LIMITED shall in no way be responsible for any such message and the subsequent fallout.

KPS BOOKALLADS PRIVATE LIMITED shall strive to deliver SMS immediately upon receipt from the user. However KPS BOOKALLADS PRIVATE LIMITED shall not be responsible for any delay, non receipt of SMS or any other interruption in providing SMSC facility, which may occur due to technical reasons or snags in the system, break down of SMSC or any other equipment, server breakdown, maintenance shut down, breakdown of communication services and such interruption are beyond the control of KPS BOOKALLADS PRIVATE LIMITED. However, KPS BOOKALLADS PRIVATE LIMITED acknowledges that it will put in its best endeavors to achieve the best success rate in delivery of the SMS messages so routed through its SMSC.

ENFORCEMENT OF TERMS AND CONDITIONS

Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a KPS BOOKALLADS PRIVATE LIMITED subscriber or a subscriber’s end user shall be considered violation of the policy by such customer or end user. Any user found violating the above T&C is liable for action under the prevailing laws including termination of services without any prior notice.

BULK EMAIL POLICY

KPS BOOKALLADS PRIVATE LIMITED has ZERO TOLERANCE for Unsolicited Broadcast Email and Unsolicited Commercial Email (commonly known as “Spam”) whether originating from customers, from resellers’ customers, or from customers that provide services which are used to support Spam.

The users are required to adhere to the Anti-Spam policy of India and other countries if they are sending mails outside India. They should send marketing and promotional mails to only opt-in subscribers. If they do not have their list of opt-in subscribers, they must not send any marketing or unsolicited commercial mails. Non-compliance with the Anti-Spam Policy will be deemed as breach of contract and we shall not be responsible for discontinuance of the services. Any obligation arising out of non-compliance with the Anti-Spam Policy shall be borne by the user. All the legal and monetary claims that arise out of non-compliance of the Anti-Spam Policy and other regulations shall be settled by the user.

KPS BOOKALLADS PRIVATE LIMITED reserves the right to modify the policy at any time without any consent. All the subscribers of our services are required to follow the policy as modified from time to time.

The subscribers are required to go through the following terms of use and follow the same. In case you do not agree to any of the terms and conditions, you are free to not use our services:

  1. ILLEGAL USAGE – KPS BOOKALLADS PRIVATE LIMITED should be used only for lawful purposes. Transmission, distribution or storage of any material or content in violation of any applicable law or regulation is prohibited. This includes, without limitation, content protected by copyright, trademark, trade secret or any other intellectual property rights, used without prior and proper authorization, and content that is obscene, defamatory, constitutes an Illegal threat, violates any law or is anti-national. Any email containing adult content or illegal content like lottery winnings, etc. is completely prohibited. Any content which is misleading or influencing in any manner which induces involvement of money, is prohibited.
  2. SUBSCRIBER’S CONDUCT – The subscribers shall use KPS BOOKALLADS PRIVATE LIMITED only for lawful purposes. The subscriber shall not post or transmit any material or content which violates or infringes in any way upon the rights of others, is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a subscriber which restricts or inhibits any other subscriber from using our services is not permitted. Subscriber shall not use KPS BOOKALLADS PRIVATE LIMITED to advertise or perform any commercial solicitation, including but not limited to, the solicitation of users to become subscribers of other services similar to or competitors of KPS BOOKALLADS PRIVATE LIMITED. Subscriber shall not upload post or transmit, by using any of KPS BOOKALLADS PRIVATE LIMITED service, any content protected by copyright, trademark, patent or any other proprietary right without prior written permission of the owner. The responsibility of determining that any content is not protected by copyright, trademark or any other proprietary right rests with the subscribers. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
  3. SYSTEM AND NETWORK SECURITY – Violation of system or network security is prohibited, and may result in Criminal and Civil Liability. If KPS BOOKALLADS PRIVATE LIMITED investigates incidents involving such violations and then it may involve / will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
    1. Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
    2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
    3. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
    4. Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data.
    5. Harassing or threatening transmissions.
    6. Probing for means of gaining unauthorized access to computers or networks.
    7. Introducing or causing to be introduce any computer contaminant or computer viruses into system or network.
    8. Introducing or causing to introduce any pornography material, SMS etc.
  4. INDEMNIFICATION – Subscribers agree to defend, indemnify and hold harmless KPS BOOKALLADS PRIVATE LIMITED, its affiliates and their respective owners, directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the misuse of the services or non-compliance with any regulations and law enforced by any legal or civil authorities. The sole responsibility of any claim arising out of use by the subscriber shall rest on the subscriber and KPS BOOKALLADS PRIVATE LIMITED will not be held liable in any case.
  5. EMAILS – The subscribers are not allowed to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, State, National or International law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising. Sending Unsolicited Broadcast Email and Unsolicited Commercial Email (commonly known as “Spam”) messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
  6. ANTI-SPAM POLICY – KPS BOOKALLADS PRIVATE LIMITED strictly prohibits the use of their services to send or relay mass unsolicited email or spam. Any subscriber who participates in the sending of unsolicited mail, unsolicited spot mails, unsolicited commercial mail or any other form of mailing commonly known as spam, will be deactivated. His subscription shall be cancelled immediately with the credits being forfeited. Users are allowed to only send in mails to subscribed members who have agreed to receive their marketing or promotional mails. Any breach of this policy shall be leading to discontinuance of the services. Any liability arising out of the misuse of the services and non-compliance with any rules and regulations shall be borne by the subscriber and KPS BOOKALLADS PRIVATE LIMITED shall not be held liable for any penalty or claim arising out of such act.
  7. COST / CHARGES POLICY
    1. The mode of payment can be cheque, draft, cash, bank transfer, etc as available as per the order.
    2. Advance payment has to be made by the subscriber for using the services of KPS BOOKALLADS PRIVATE LIMITED.
    3. Service Tax as applicable will be levied on the charges mentioned.
    4. KPS BOOKALLADS PRIVATE LIMITED is entitled to reduce the balance of SMS Credits at the end of the validity period. Extension of validity is at the sole discretion of KPS BOOKALLADS PRIVATE LIMITED and the subscriber cannot claim the non-used credits after the validity is over.
    5. The subscriber agrees to pay in Indian Rupees.
    6. KPS BOOKALLADS PRIVATE LIMITED shall not be responsible in any manner whatsoever to the subscriber or any other third party for delayed, incomplete and non-delivery of SMS due to technical reasons.
    7. No objectionable / unsolicited message should be sent by the subscriber. Any liability arising due to such act shall be borne by the subscriber.
    8. The nature of business and the primary content of the SMS has to be specified by the subscriber.
    9. The rates are subject to change without notice.
  8. REFUND POLICY –– All the payments have to be made in advance and once any service has been subscribed, it cannot be cancelled. We always advise the subscribers to test our services before opting for the same. We do not offer any refunds or cancellations. However, in case of a genuine issue, KPS BOOKALLADS PRIVATE LIMITED may agree to cancel the subscription and provide the refund after proper verification of the reasons thereof. The refund shall be made within 60 days of the settlement and a total of 20% shall be deducted as processing fee. However, if the subscriber is not satisfied with any of our services, we shall try our best to solve the same. If any subscriber asks for cancellation or refund wherein there is no fault of KPS BOOKALLADS PRIVATE LIMITED, then it shall not be entertained.

DECLARATION

KPS BOOKALLADS PRIVATE LIMITED has no control on the contents of the emails sent and that KPS BOOKALLADS PRIVATE LIMITED shall not be held responsible / liable directly or indirectly neither for the content of the Emails sent nor for any delay in delivery or non-delivery or for any errors routed by KPS BOOKALLADS PRIVATE LIMITED. KPS BOOKALLADS PRIVATE LIMITED shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems etc.

User will not send unsolicited emails (also referred to as ‘spamming’) to subscribers. All emails sent by the user using KPS BOOKALLADS PRIVATE LIMITED services must conform to IT Act 2000 and other relevant laws of India. Any violation will be the sole responsibility of user.

User has complete control of the Email-ID of the email sent through KPS BOOKALLADS PRIVATE LIMITED and will not misuse this facility. In case it is found that user is misusing this facility by sending a message on someone’s name without his / her approval, it shall be treated as a breach of this agreement and the connection will be disconnected forthwith. It shall be sole responsibility of user and KPS BOOKALLADS PRIVATE LIMITED shall in no way responsible for any such message and the subsequent fallout.

KPS BOOKALLADS PRIVATE LIMITED shall strive to deliver emails immediately upon receipt from the user. However KPS BOOKALLADS PRIVATE LIMITED shall not be responsible for any delay, non receipt of email or any other interruption, which may occur due to technical reasons or snags in the system, break down of server or any other equipment, server breakdown, maintenance shut down, breakdown of communication services and such interruption are beyond the control of KPS BOOKALLADS PRIVATE LIMITED. However, KPS BOOKALLADS PRIVATE LIMITED acknowledges that it will put in its best endeavors to achieve the best success rate.

ENFORCEMENT OF TERMS AND CONDITIONS

Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a KPS BOOKALLADS PRIVATE LIMITED subscriber or a subscriber’s end user shall be considered violation of the policy by such customer or end user. Any user found violating the above T&C is liable for action under the prevailing laws including termination of services without any prior notice.

GENERAL INFORMATION

Each & every Term & Condition mentioned herein forming the ‘General Terms and Conditions’ shall be automatically applicable and shall govern the terms and conditions for every advertisement published and ignorance of these terms and conditions shall be no defense and cannot be a ground for non‐applicability of these general terms and conditions.

OTHER TERMS
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