Please read the following terms and conditions carefully before using the websites of Phulwadi (hereinafter referred as “Company”, “we” or “us”) and before installing/subscribing to various applications designed by us on your mobile phone or on your tablet or any other electronic device:
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of these User Terms you should stop accessing the services provided by us through our website or applications navigate away from it.
These terms of use (Terms) constitute a legally binding agreement between you and the Company regarding your use of either of the websites and/or app and any services offered by the company, which also includes delivering content via the Site, any mobile or internet-connected device or otherwise.
By accessing the Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions.
It is to be noted that certain content and services available on the websites/apps of the Company are only for the purposes of individuals above the age of 18 years.
Our Service does not address anyone under the age of 18 years (“Children”). It is presumed that any individual under the age of 18 years accessing the content and information on the website is doing so under the parental guidance and supervision of a parent/guardian/adult and that the terms and conditions have been consented to and binding upon such parent/guardian/adult.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Information about us:
Our website ‘phulwadi.com’ and various applications are designed and developed to provide the best quality magazines or any other product (hereinafter referred as product) to buyers and to spread the contemporary knowledge or on use of such product. With 33 magazines in 10 languages, including some of the biggest, including some of the biggest names in the country like Phulwadi. The magazines are distributed and sold by Phulwadi.
Discontinue or Suspend or Terminate Use:
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our sites or apps (or any part thereof) with or without notice without any liability whatsoever. We reserve the right to suspend/cancel, or discontinue without notice, make modifications and alterations in any or all of the content, products and services contained on either of our websites or apps without prior notice.
We shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our company and of our users as a whole.
Intellectual Property Rights:
Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of India, and we have all rights/licenses therein. You must abide by all copyright notices/ restrictions on our site.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Company; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site/Service, including without limitation, the size, color, location or style of all proprietary marks.
Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
Use of Content:
We do not grant any permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our site or any content thereon. You may not distribute any part of this site or any content thereon over any network.
The contents of our site shall not be used in any manner that constitutes an infringement of our rights, including copyright.
We forbid you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Site/Service; displaying the name, logo, trademark or other identifier of another person in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags.
You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site.
No part of the Site may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
Requests to republish our material for distribution should be addressed to hello@phulwadi.com
Registration
For accessing/subscribing to some of our services on our Website/Applications, you would need to register your details and create an account with us (“Log-in Information”). If you decide to register with us, you agree:
- to provide true, accurate, current and complete information about yourself as prompted by us in the registration form;
- to maintain and promptly update the registration data/Log-in information to keep it true, accurate, current and complete;
- that your account details are personal to you and you shall not disclose your account details to any third party;
- that you will not allow a third party to use your password for the purposes of gaining entry to services meant for registered users only and that you will take all reasonable steps to ensure that your user details are kept confidential and secure. In case you disclosed it, we have no obligation or responsibility with regard to your use, distribution, disclosure or management of your Log-in Information.
- that you will not create an account using false information or impersonate another person when registering for a service on the Website.If you know or suspect someone else knows your password, you should notify us by contacting us immediately through an email in writing. If we have a reason to believe that there is likely to be a breach of security or misuse of our site/applications, we may require your o change your password or we may suspend your account without any liability to us. We may cancel your account at anytime if for any reason we believe you have breached these requirements. We also reserve the right to disable your account details, whether chosen by you or allocated by us, at any time if in our sole opinion you have failed to comply with any part of these User Terms.
Subscription
A user may be required to subscribe with us either on our website or by our various mobile applications of our particular brand.
- Subscription on our website
Our website provides an option of subscription on our homepage. Users can select the desired subscription by, firstly, clicking the relevant brand/magazine at our website. Then, in the input masks that follow, users must enter the data required for conclusion of the agreement and select their preferred subscription plan. The desired subscription will be added to a shopping cart and the users may proceed to check out even without registering with us and with their select their preferred method of payment. Before placing the order, users can correct their entries at any time. After the agreement offer has been sent, the data entered by the user will be forwarded to and managed by the Readers’ Service. A subscriber account will be set up for the user.
Terms of Subscription for online access:
- For purposes of your payment, you agree to provide true, accurate and complete information as required by the subscription, including your legal name, address, email address and applicable billing information (e.g., credit card number, expiration date and security code), and to allow us to share your Subscription/Payment Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account.
- A subscription cannot be terminated before the expiry of the agreed subscription period.
- The subscription price must be paid in advance for the whole subscription period.
Cancellation by the Company
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by fraud detecting team of software processional. We may also require additional verifications or information before accepting any order. We will contact you, through your email id or otherwise, if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
Cancellations of Order and Refund of Amount:
In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. On cancellation of an order, after it has been processed/approved by us, we shall refund proportional to the services already used. The company has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by the company and accept our decision regarding the cancellation.
Debit/Credit Card Details
You agree, understand and confirm that the debit/credit card details provided by you for availing services either on our website/applications will be correct and accurate and you shall not use the credit card, which is not lawfully owned by you i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details. Further, the said information will not be utilized and shared by us with any of the third parties unless required by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card frequently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
Material Posted/transmitted on our Sites:
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted/posted, is the sole responsibility of the person from where such content is originated (the Originator). By posting any material which contains images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images.
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify us or our affiliates for all claims arising out of any content that you post on the Site.
We accept no responsibility for the said Content/Images. However, you understand that all Content/Images posted by you becomes our property and you agree to grant/assign to us and our affiliates, a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content/Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world.
You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.
Comments posted on our websites:
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not our opinions. We are not responsible for the accuracy and completeness of Blogger/Contributor content, neither do we endorse or guarantee the same, nor accept any obligation or liability for the same. The Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor its site for inappropriate or unlawful content.
We assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
We reserve the right to block or remove communications, postings or materials at any time in its sole discretion.
Linked Sites:
We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
Prohibited Activities:
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You shall not post, display, upload, modify, publish, transmit, update or share any information on the Site, that:
a) Belongs to another person and to which you do not have any right to;
b) Is grossly harmful, harassing, blasphemous, 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;
c) Harm minors in any way;
d) Infringes any patent, trademark, copyright or other proprietary rights;
e) Violates any law for the time being in force;
f) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g) Impersonate another person;
h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
j) Results in Advertising or solicitation to anyone to buy or sell products or services, or to make donations of any kind.
k) Promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
l) Discloses any personally identifying information or private information about any third parties without their express consent.
In addition, you are prohibited from doing anything on the Site or in respect of the Services that:-
m) Results in spamming, phishing or password harvesting email addresses that have been posted by other users of the Sites.
n) Uses or attempt to use another person’s account, password or services.
o) Disrupts, interferes with or otherwise violates the security of the Sites or any services, accounts, passwords, servers or networks related to the Site
p) Sends repeated messages to another user or repeat postings of the same message under the same or multiple subjects or engage in cyber stalking or become a nuisance for other users.
q) Damages, disables, overburdens, or impairs The Company’s servers, or the network(s) connected to The Company’s servers, or interferes with any other party’s use and enjoyment of any Services.
r) Attempts to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means.
s) Obtains or attempts to obtain any materials or information through any means not intentionally made available through the Services.
Indemnity:
You agree to indemnify and hold harmless The Company and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors and content providers, from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement and damages or resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder including in respect of content posted or information provided by you for The Company’s use or information or material posted or transmitted through your password account even if not posted or transmitted by you. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification hereunder. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Liability:
Our Sites include links and pointers to Internet sites, content and services provided by third parties. Our linking to any third party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on websites linked to by us. We and our affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions).
Disclaimer:
USE OF THE SITES IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND ANY THIRD-PARTY SITES ARE PROVIDED ON “AS IS. BASIS AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US.
TERMINATION:
We may terminate or restrict your use of the Sites or any part of the Sites at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the Sites affected by such termination or restriction.
Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to/usage of the Site, fully or partially, and we reserve the right to immediately remove any non-compliant Content/comment uploaded by you without any liability and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.
Miscellaneous:
These Terms of Use shall be governed by and construed in accordance with the laws of India without giving effect to any of its conflicts of law provisions. You agree that any cause of action relating to your use of the Sites must be filed in the courts located in New Delhi, India.
We may transfer its rights and obligations under the Terms of Use at any time without notice.
Any failure of The Company to enforce or exercise any provision of these Terms of Use shall not constitute a waiver of that right or provision. In the event of termination of these Terms of Use for any reason, the provisions entitled Disclaimers, Liability, Liability, Indemnification, and other provisions for which survival is equitable or appropriate, shall survive.
Privacy Policy
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy (https://www.phulwadi.com/privacy-policy).
Contact Us
If you have any questions about these Terms, please contact us at hello@phulwadi.com