Key Terms: The term “Website” shall refer to www.noveljunction.com, is owned by Prag Itech Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at 364 & 365, Vaibogh Building 3rd Floor, 5th Link Road, Nehru Nagar, Perungudi, OMR, Chennai – 900096, Tamilnadu, India in association with Pocket Books a unit of Geeye publications having their office at #352, Triplicane High Road, Triplicane, Chennai - 600005; the terms “You” or “User” shall refer to the user who is browsing the Website or a person who has agreed to become a buyer on the Website; the terms “NJ” "We", "Us", "Our" shall refer to Noveljunction.com. Throughout this Terms of Use, Noveljunction.com's prior written consent means a communication coming from Noveljunction.com specifically addressing the activity or conduct for which You seek authorization.
General Disclaimer: The information contained in this Website is for general information purposes only. Although Noveljunction has attempted to provide all users/visitors, accurate and current information on the Website, but we make no representations or warranties about the completeness, accuracy, reliability, suitability or availability of the content or that the Website’s operation will be error-free or uninterrupted, or that it will be free of viruses or other harmful components in the information. Noveljunction, its suppliers and partners disclaim all warranties, expressed or implied including without limitation, those of merchantability, fitness for a particular purpose and non-infringement or arising from a course of dealing, usage, or trade practice. Noveljunction, its suppliers and partners, shall not be liable for any direct, special consequential or incidental damagers including without limitation, lost profits or revenues, or costs of replacement goods, loss or damage to data arising out of the user or inability to use this Website and any of our services, damages resulting from use or reliance on the information present, even if Noveljunction, its suppliers and partners have been advised of the possibility of such damages. User use the Website at their own risk and any dependency they place on such information is therefore strictly at their own risk. Without limiting the Disclaimer of Warranties and Limitation of Liability in this Terms of use, in no event shall Our or Our and/or Our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content.
The following terms and conditions will be considered to have been accepted by the User on usage of the Website www.noveljunction.com. User is requested to read them prudently before they use this Website. By impliedly or expressly accepting these Terms of Use, the User has accepted and agreed to be bound by noveljunction.com “Terms of Use” and Policies (including but not limited to Privacy Policy, Refund Policy etc.) as amended from time to time. When You use any of the services provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to any. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. However, any disagreements with our terms of conditions in this Terms of Use, the User is advised not to use the Website. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Terms and Conditions
1. This Website is subject to periodic update and amendments. Materials should only be considered current as of the date of initial publication appearing thereon, without regard to the date on which you may access the information. NJ may change or suspend any aspect of its Website at any time, including, its content, features or services without any prior notice. NJ reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the Website.
2. You shall be responsible for maintaining the confidentiality of your login and password; You shall be responsible for all activities that occur under your login and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block your access to Our Website.
3. Children’s Privacy Policy: NJ takes children's privacy seriously and does not knowingly collect, use or disclose personal data from children. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. If you are under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, it should be done under the supervision of your legal guardian or parents. Noveljunction.com reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Noveljunction.com's notice or if it is discovered that you are under the age of 18 years.
4. Intellectual Property Rights: It is hereby specifically recorded that We, or our third party licensors, or creators, authors, own the copyright and all other intellectual property rights of the Content, or eBook available in the Website and no licence of any such intellectual property rights is granted to You by way of your use of the website. We are authorised by such third parties to upload the Content or e-Book on the Website for purchase of the end users. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. You must not copy, reproduce, re-Publish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Noveljunction.com as the owner of such domain name. Unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
5. Content posted on the Website: All text, graphics, pictures (collectively, "Content"), is a third party generated Content and Noveljunction.com has no control over such Content as Noveljunction.com is merely an intermediary for the purposes of this Terms of Use. The Website is a platform where Noveljunction.com is hosting Content/eBooks/other information which were written by various authors who had authorized directly noveljunction.com or through Publisher(s) who already obtained the copyright from the author, to use/sell their Content online. The Content were written by various authors who are the owner/creator and so responsible for the Content. NJ is not controlling or monitoring the Content in any manner, hence NJ take no responsibility for, and will not be liable for any issues or problems or consequences indulged because of the Content. The User can purchase these products online as e-version or printed copies based on the availability and You purchase eBooks from the Website at your own risk. In no event shall Noveljunction.com assume or have 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 the Website.
6. Payment: At noveljunction.com, We use a third party payment gateway service providers (Payment Facility) to make the payment for your online purchase. While You use any of the payment method/s available on the Website, NJ will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You a due to lack of authorization for any transaction/s, or exceeding the pre-set limit mutually agreed by You and between "Bank/s", or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. You agree that NJ has no control on those payment gateway service providers (Payment Facility) operating methodologies or their policies, hence You are advised to read the policies, terms & conditions and methodologies of those payment gateway services providers before you share your billing or payment details. Any disagreement with such policies, terms & conditions and methodologies you have the choice not to provide your personal information such as name, email ID, phone numbers, credit / debit card, bank details etc. NJ hold no responsibility for the information you share with the payment gateway service providers and not liable for any consequences arises because of such payments.
7. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the NJ to purchase the products and /or services from NJ using third party payment gateway service providers (Payment Facility), and You shall pay the product price through your issuing bank to NJ.
8. By accepting these Terms of Use you agree that Noveljunction.com is an independent contractor for all purposes, and does not have control of or liability for the products that are listed/displayed on Noveljunction.com's Website.
9. You, as a Buyer, may agree with NJ through electronic communication and electronic records and using the automated features as may be provided by third party payment gateway service providers (Payment Facility), on any extension / increase in the dispatch time and the transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent variation of the transaction should be in compliance with Payment Facility Rules and Policies.
10. Noveljunction.com reserves the right to refuse to process transactions by User with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Noveljunction.com or breach/violation of any law or any charges imposed by Issuing Bank or breach of any Policy.
11. You will need to be registered with noveljunction.com to make an online purchase. You shall be granted specified rights to download the eBooks/Content from the catalogue displayed on the Website into your online library in www.noveljunction.com. The e-Books which you purchase from the noveljunction.com Website shall be added in your noveljunction.com e-Books library from where you can read the e-Books. These purchased e-Books can be read using a web-browser whenever you are online. If you ordered Printed version of the Book(s) (if available), the same will be delivered to you with 7 business days from the date of purchase. If your order is taking longer than you expected, please email us at contact@noveljunction.com.
12. Rights Granted: Upon your payment of our fees for e-Book/Content/Printed version, we grant you a non-exclusive, non-transferable right to use the downloaded e-Book/Content or Printed book of the book, for your personal, non-commercial, entertainment use, subject to and in accordance with the Terms of Use. You represent, warrant and agree that you will use the e-Book/Content/Printed book, only for your personal, non-commercial, entertainment use and not for any redistribution of the same or other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the e-Book/Content. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, 12. share, lend, modify, adapt, edit, license or otherwise transfer or use e-Book/Content/Printed Book. You are not granted any synchronization, public performance, promotional use, commercial sale, resale, and reproduction, photocopy, scan copy or distribution rights for e-Book/Content. You acknowledge that the e-Book/Content/Printed Book embodies the intellectual property of a third party and is protected by law.
13. Explicit Consent: You agree that We shall have no liability for the e-Book/Content/Printed Book purchased by You on the Website, if you find the same to be offensive, indecent or objectionable.
14. The Price for each downloadable e-Book/Content/Printed Book displayed on the Website represents the full retail price (inclusive of all taxes unless specified otherwise) for said downloadable e-Book/Content/Printed Book. You shall pay for such downloadable e-Book/ Content/Printed Book using one of the payment options available on the Website. We reserve our right to change the prices of the e-Book/Content/Printed Book and Our other Services if any, and the availability of the same at Our sole discretion. Physical payment on Delivery such Cash, Cheque, DD and similar are not available for purchasing e-Book/Content/Printed Book, currently.
15. You bear all risk of loss after purchase and for any loss of e-Books you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, at Our sole discretion remove e-Books from the Service without notice.
16. Refund or Replacement Policy:
All sales of e-Books are final. We do not accept returns of e-Books. Once you have purchased e-Books, we encourage you to download it promptly to your online library. However, you as a Buyer, shall be entitled to claim a refund of the amount which has paid to purchase an eBook using the “complaint” link provided in your “my page”. You may note that ONLY for following reasons, you can request for a replacement / refund of an eBook, as it applicable,
a. Unable to download the eBook to your online library in www.noveljunction.com
b. Unable to open the eBook in your online library in www.noveljunction.com
c. Wrong eBook downloaded to your online library in www.noveljunction.com
d. Missing Content which interrupts the flow of the text.
You may note that any refund claim has to be requested within 2 days from the date of purchase date. If we could not solve the issue you have launched, either the eBook(s) will be replaced or only the amount you have paid to buy the eBook will be refunded. In case of refund, noveljunction.com takes no responsibility for, and will not be liable for, any other expense incurred or money paid other than the original price of the eBook which is displayed in noveljunction.com. Refunds from noveljunction.com are returned to the payment method used to make the original purchase. If your refund is taking longer than you expected, please email us at contact@noveljunction.com. Once we refund the amount, the e-Book will be removed from your online library in www.noveljunction.com
In case of Printed book, a refund can be requested ONLY for the following reasons
a. Missing Content which interrupts the flow of the text.
b. Wrong item sent
You may note that to make refund claim of a printed book, the defective book has to be sent back to us within 2 days from the date of receipt of the book. Upon our inspection if the book found to be a defective one as per the above said points either the Book(s) will be replaced or the amount will be refunded. In case of refund, noveljunction.com takes no responsibility for,and will not be liable for, any other expense incurred or money paid other than the original price of the Book which is displayed in noveljunction.com. Refunds from noveljunction.com are returned to the payment method used to make the original purchase. If your refund is taking longer than you expected, please email us at contact@noveljunction.com.
17. You may note that we monitor all the refund claims very carefully; and if we found that You claim refund for an unacceptable reason and or You are doing this as a practice, We shall have the right to indefinitely suspend or terminate or block your access to the Website.
18. While every effort is made to keep the Website up and running, we take no responsibility for, and will not be liable for, the Website being temporarily inaccessible due to technical issues which are beyond our control.
19. In no event shall NJ be accountable or liable for any loss or damage including without limitation any direct, indirect, special, or consequential loss or damage, loss of data, profits, business, reputation or any loss or damage whatsoever arising out of, or in connection with, the use of this Website or any information contained herein.
20. NJ shall have no responsibility for any damage to User’s computer system or loss of data that results from the download of any eBook, Content, materials, information from the Website.
21. User agrees to indemnify, protect and hold NJ harmless from and against all losses, expenses, damages and costs, including realistic attorneys’ fees, arising out of or relating to any misapplication by the User of the content and services provided on the Website.
22. The information contained in the Website has been obtained from sources believed to be reliable. NJ denies all warranties as to the accuracy, completeness or adequacy of such information.
23. The User’s right to privacy is of great importance to NJ. However, User is requested to read, understand and agree to the Privacy Policy posted in the Website, before using the content or services present in this Website.
24. The Website may provide links to Websites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website. User has understood and agreed that NJ is not responsible for the availability of, and content provided on, third party Websites. The User is requested to peruse the policies posted by other Websites regarding privacy and other topics before use. NJ is not responsible for third party content accessible through the Website, including opinions, advice, statements and advertisements, and User shall bear all risks associated with the use of such content. NJ is not responsible for any loss or damage of any sort User may incur from dealing with any third party.
25. Noveljunction.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Noveljunction.com reserves the right to introduce new Prices/Fees for the new services offered or amend/modify/introduce Prices/Fees for existing services, as the case may be. Changes to the Prices/Fees shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Noveljunction.com.
26. Unless otherwise stated, we own all intellectual property rights in the Website and any information or material on the Website. All our intellectual property rights in relation to the Website are reserved. Therefore, You shall not host, display, upload, publish, transmit, update or share any information which:
i. Intrude or attempt to Intrude the operation of the Website in any way; shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
ii. belongs to another person and to which You does not have any right to; infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy; promotes an illegal or unauthorized copy of another person's copyrighted work; contains video, photographs, or images of another person (with a minor or an adult).
iii. interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
iv. is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or is misleading in any way;
v. 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; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; harasses or advocates harassment of another person;
vi. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
vii. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
viii. engages in commercial activities and/or sales without Our prior written consent such as contests, surveys, advertising etc; buying or selling of "virtual" products related to the Website.
ix. harm minors in any way;
x. violates any law for the time being in force;
xi. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
xii. contains software viruses or any other computer code, destroy or limit the functionality of any computer resource; or contains any viruses such Trojan horses, worms and similar or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
xiii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
27. We at noveljunction.com, respect the intellectual property of others, in case You feel that Your Trademark has been infringed, You can write to us at complaint@noveljunction.com
28. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
29. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Noveljunction.com, noveljunction.com, or otherwise engage in any conduct or action that might tarnish the image or reputation of noveljunction.com or Noveljunction.com or dilute any noveljunction.com or Noveljunction.com’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
30. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You.
31. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
32. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic & International laws, rules and regulations.
33. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. You understand that We have the right at all times to disclose any information as necessary to satisfy any law, regulation or valid governmental request. In addition, You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes.
34. It is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
35. You shall be responsible for any notes, messages, emails, photos, drawings, profiles, opinions, ideas, images, videos, audio files posted or transmitted to the Website (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
36. We and our affiliates will share / transfer / license some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate may use such information to provide You various services with respect to your transaction whether such transaction is conducted on www.noveljunction.com or with third party Website.
37. We may make available to you, from time to time, software or updates for your use in connection with the download of e-Books. You may use them only in connection with the read the e-Books on the Website.
38. When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically. We may communicate with you by email or by such other mode of communication, electronic or otherwise. private communication, including email correspondence, is not regulated by noveljunction.com.
39. Noveljunction.com encourages its Users to be professional, courteous and respectful when communicating by email.
40. Noveljunction.com's spam policy applies only to unsolicited commercial messages sent by noveljunction.com Users. Noveljunction.com Users are not allowed to send spam messages to other Users.
41. Indemnify: You shall indemnify and hold harmless noveljunction.com, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party. Notwithstanding its reasonable efforts in that behalf, noveljunction.com cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe purchase when using the Website.
42. Compliance with Laws: Buyer shall comply with all the applicable laws (including but not limited to Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Noveljunction.com Website.
43. Applicable Law: This Terms of Use will be governed by and interpreted in accordance with the laws of India, and any differences relating to the Website or this disclaimer shall be subject to the exclusive jurisdiction of the courts in Chennai, India.