Terms and Conditions
Terms of Use

These terms and conditions apply to this website and any other website, application, online portal or service that is in any way related or linked to this website and/or its terms and conditions such as author websites and such created, operated and/or made available by Orient Blackswan Private Limited (collectively referred to as sites). All software used on this site and all content included on this site (including without limitation site design, text, graphics, audio and video and the selection and arrangement thereof) is the property of Orient Blackswan Private Limited or its suppliers and is protected by international copyright laws.

These terms and conditions form the contract of usage between “you” (user) and “us” (Orient Blackswan Private Limited) and govern your use of the sites. This agreement, together with all updates, supplements, additional terms, and all of Orient Blackswan Private Limited’s rules and policies collectively constitute and shall be referred to as the “Agreement” between you and Orient Blackswan Private Limited. By accessing this site, you are giving your consent to be borrowed by this agreement. If you do not agree with the terms of usage provided as terms and conditions, please leave this site immediately.

All content provided and material made available on this site are purely for personal and/or non-commercial purposes only.

Your use of this site does not provide you with the ownership of any content or material available on the website.

Changes to Terms of Use

Orient Blackswan Private Limited reserves the right at its discretion, to change, modify, add, or remove portions of these terms and conditions of use at any time. Please check these terms and conditions of use periodically for changes. All changes will become effective immediately on posting and your continued use of the sites following the posting of changes to these terms of use will mean you accept those. There may be other extant terms and conditions governing the purchase of products such as the return and shipping policies.

Copyright and Ownership

All content on this site including but not limited to the text, music, sound, photographs, videos, graphical designs, interfaces, logos, graphics and images are governed and protected by the Indian Copyright Act, 1957 and subsequent amendments, the Trademark Act, 1999 and the subsequent amendments, moral rights, and other laws relating to intellectual property rights.

None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the material specifically made available for ‘downloads’ and sharing on social media on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact.

Modification of any of the content or use of any of the content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited.

Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re-using any copyrighted material that is available on the Sites. Such permission and requests to republish and/or reuse any of the content and to use quotations or extracts from any books published by Orient Blackswan Private Limited or made available on the website, should be addressed to the Rights and Permissions Department at the email address set out below:
Email to rights@orientblackswan.com

Site Access License

Orient Blackswan Private Limited grants you a limited, revocable, non-exclusive, non- transferable license to access and make personal, non-commercial use of the Sites or their Content and not to download (other than page caching or unless otherwise allowed by Orient Blackswan Private Limited or permitted by law) or modify all or any portion of the Sites and their Content. This license does not include any re-sale or commercial use of the Sites or their Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their Content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any portion of the Sites or their Content may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without Orient Blackswan Private Limited’s express prior written consent. You shall not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Orient Blackswan Private Limited, its content providers or its affiliates without express prior written consent. You shall not use any meta tags or any other “hidden text” utilising our name or trademarks without our express prior written consent. Additionally, you agree that you will not:

  1. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  2. interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
  3. bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
Corporate Identification and Trademarks

Please review the list of registered trademarks owned by Orient Blackswan Private Limited.

All of our trademarks, service marks and trade names used herein (including but not limited to the corporate names and logos of Orient Blackswan Private Limited and its publishing divisions and imprints, names and designs of the Sites, and any logos) are trademarks or registered trademarks of Orient Blackswan Private Limited or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute,or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without Orient Blackswan Private Limited’s express prior written consent. The use of our trademarks on any other website or network computer environment is not allowed. You are granted a limited, revocable, non-exclusive, non-transferable right to create a link to any page of the Sites so long as the link does not portray us, our content providers, our licensors, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Orient Blackswan Private Limited logo or other proprietary graphic or trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites. The Sites, the Content and all related rights shall remain the exclusive property of Orient Blackswan Private Limited and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the Sites.

The trademark and registered logos are protected under the trademark laws applicable in India including the Trademark Act, 1999 and the subsequent amendments to it, ifany.

Links to Third-Party Websites

The site may include links to third-party internet websites which are controlled and maintained by others. These links are included solely for the convenience of users and do not constitute any endorsement by Orient Blackswan Private Limited of the sites linked or referred to, nor does Orient Blackswan Private Limited have any control over the content of any such sites.

You shall not use Orient Blackswan Private Limited’s name or any language, pictures or symbols which could, in Orient Blackswan Private Limited’s judgment, imply Orient Blackswan Private Limited’s endorsement in any

  1. written or oral advertising or presentation, or
  2. brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
Fees

For all charges for any products and services sold on the Sites, Orient Blackswan Private Limited or its vendors or agents will bill your credit card or an alternative payment method.When you provide credit card information to us or our vendors, you represent to us that you are the authorized user ofthe credit card that is used to pay for the products and services. In the event legal action is necessary to collect balances due, you agree to reimburse Orient Blackswan Private Limited and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites.

Privacy Policy

Data collection and use, including data collection and use of personal information is governed by Orient Blackswan Private Limited’s Privacy Policy which is incorporated into and is a part of this Agreement.

Orient Blackswan Private Limited is committed to protecting your privacy. We collect information about you so that we can process your orders and provide a more personalized shopping experience. Please read the details below about our privacy policy.

How Do We Use the Information We Collect From You?

When you sign up for our e-Notices service, we need only an e-mail address-- to send you the information you requested.

We may also use the information we collect to occasionally notify you about important functionality changes to our website, new services, and special offers we think you'll find valuable. If you do not wish to receive this information, e-mail us at mail@orientblackswan.com with the subject: Unsubscribe to change your preferences.

How Do We Protect Your Information?

When you place orders or access your account information, we offer the use of a secure server. The secure server software encrypts all information you input before it is sent to us.In addition, all customer data we collect is protected against unauthorized access.

Will We Disclose the Information Collected to Others?

www.orientblackswan.com does not sell, trade, or rent your personal information to others.

Consent

By using our website, you consent to the collection and use of this information by www.orientblackswan.com. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

User Submissions

Where we have specifically invited or requested user submitted content of any kind, we encourage members ofthe public to submit such content (e.g., user generated content, postings to forums, comments on content, participation in communities) to Orient Blackswan Private Limited that they have created for consideration in connection with the Sites and any related programmes (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting your content on the Sites, you expressly grant Orient Blackswan Private Limited a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and Orient Blackswan Private Limited shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

By submitting any User Submissions, you consent to the following rules:

  • User Submissions must not infringe on the copyright, trademark, patent or other intellectual property right of any third party.
  • User Submission must be original works, and if they are not, the user must obtain all necessary permissions from any persons who contributed to or otherwise may control rights in all or part of the User Submission to submit the User Submission in accordance with these Terms.
  • User Submissions must be respectful of others. Epithets or other language or material intended to intimidate or to incite violence are strictly prohibited. Your User Submission may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
  • Do not impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • The user shall not attempt to gain unauthorized access to other computer systems through the Website.
  • The user shall not be a party in activities that may involve spidering, “screen scraping,” “database scraping,” logging-in or registering on the Site, harvesting of e-mail addresses,contact or personal information of Users or wireless addresses, or any other automatic means of registering, accessing or logging-in to the Websites or for any services or features provided on or through the sites, or obtaining or accessing other information or features provided on, from or through the Websites or the services offered on or through the Site, including and without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website.
  • The User shall not use the Website or the services provided on or through the Website in any way with the intent to interrupt, damage, disable, overburden, or impair the sites or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests.
  • Remember that forums and other areas of the Sites are public. It is advised not to post personal information (e.g., full name, password, phone number, address, email address or other personally identifiable information or contact information) in these areas.
  • Do not use the Websites or the services provided by the Websites in any way that may stand in conflict with laws in effect within the territory of India

All User Submissions must comply with these rules and any additional guidelines posted on the Sites, as applicable. User Submissions do not represent the views of Orient Blackswan Private Limited or any individual associated with Orient Blackswan Private Limited, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Orient Blackswan Private Limited’s endorsement of User Submissions. Orient Blackswan Private Limited does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Sites. Through your use of the Sites, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Sites, you assume all associated risks.

Representations and Warranties

You shall be solely responsible for your own User Submissions, your use of your registration and the consequences of posting or publishing or participating in the Sites. In connection with User Submissions and your use of the Sites, you affirm, represent and warrant the following:

  • you are over the legal age to contract (or your parent or guardian has consented to your User Submission and your use of the Sites) and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein;
  • you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses herein;
  • if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such person’s name or likeness in the manner contemplated by the Sites and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use;
  • you have read, understood, agree with, and will abide by the terms of this Agreement;
  • the User Submission and Orient Blackswan Private Limited’s use thereof as contemplated by these terms and the Sites will not infringe any rights of any thirdparty, including but not limited to any intellectual property rights, privacy rights and rights of publicity;
  • the User Submissions do not and will not contain: material falsehoods or misrepresentations that could harm Orient Blackswan Private Limited or any third party;
  • content that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give risetocivil liability or violate any law;
  • advertisements or solicitations of business; or
  • impersonation of third parties, other than those which are readily apparent and not otherwise in violation of these Terms of Use.
Removal of User Submissions

We will not monitor, edit, or disclose the contents of a user’s email unless required in the course of normal maintenance of the Sites and its systems or unless required to do so bylawor in the good-faith belief that such action is necessary to:

  1. comply with the law or comply with legal process served on Orient Blackswan PrivateLimited or the Sites;
  2. protect and defend the rights or property of Orient Blackswan Private Limited, the Sites, or the users of Orient Blackswan Private Limited; or
  3. act in an emergency to protect the personal safety of our guests, the Sites, or the public. Users shall remain solely responsible for the content of their messages and Orient Blackswan Private Limited shall have no obligation to pre-screen any such content. However, we shall have the right in our sole discretion to edit, refuse to post or removeany material submitted to or posted on the Sites. Without limiting the foregoing, weshall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails toconform to any provision of these Terms of Use access to the Sites.

In addition to any remedies that we may have at law or in equity, if we determine, in our solediscretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Sites. We will fullycooperate with any law enforcement authorities or court order or subpoena requestingor directing us to disclose the identity of anyone posting such materials.

Account Registration and Security

If you decide to register as a member of a Site, you may receive or establish one or more usernames, passwords and accounts. In consideration of use of your registration, you will:

  • provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information being the “Registration Data”) and
  • maintain and promptly update the Registration Data to keep it true, accurate, current andcomplete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Orient Blackswan Private Limited has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Orient Blackswan Private Limited has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (orany portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Sites. We have the right to provide user billing, account, content or user records, and related information under certain circumstances(such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) to third parties.
Termination

Orient Blackswan Private Limited may suspend or terminate any user’s access to all or anypart of the Sites including any account thereon, without notice, for any reason in Orient Blackswan Private Limited’s sole discretion, including without limitation Orient BlackswanPrivate Limited’s belief that such access would violate any applicable law or would be harmful to the interests of Orient Blackswan Private Limited or another user. Upon termination, you will lose access to all the Sites and all Content thereon. The obligations that you have to Orient Blackswan Private Limited under these Terms of Use will continue evenafter we suspend or terminate your access to the Sites.

Disclaimer and Limitation of Liability

Your use of and browsing of the Sites are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THE SITES, INCLUDING ANY PRODUCTS OR SERVICES OFFERED FOR SALE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. ORIENT BLACKSWAN PRIVATE LIMITED MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION OR CONTENT CONTAINED ON THE SITES, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT CONTAINED ON THE SITES FOR ANY PURPOSE. ORIENT BLACKSWAN PRIVATE LIMITED DOES NOT WARRANT THAT THE FUNCTIONALITIES CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ORIENT BLACKSWAN PRIVATE LIMITED DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT ORIENT BLACKSWAN PRIVATE LIMITED) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL ORIENT BLACKSWAN PRIVATE LIMITED OR ANY OF ITS VENDORS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE ORIENT BLACKSWAN PRIVATE LIMITED SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OR CONTENT OBTAINED FROM ORIENT BLACKSWAN PRIVATE LIMITED’S SITES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ORIENT BLACKSWAN PRIVATE LIMITED’S RECORDS, PROGRAMS, OR SERVICES, OR OTHERWISE. USER HEREBY ACKNOWLEDGES THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITES.

IN NO EVENT SHALL ORIENT BLACKSWAN PRIVATE LIMITED OR ANY AFFILIATED ORIENT BLACKSWAN PRIVATE LIMITED ENTITY OR INDIVIDUAL, LICENSOR OR VENDOR BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITES OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF ORIENT BLACKSWAN PRIVATE LIMITED OR A ORIENT BLACKSWAN PRIVATE LIMITED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ORIENT BLACKSWAN PRIVATE LIMITED’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF THE AGREEMENT AND YOUR USE OF THE SITES AND THE CONTENT EXCEED THE AMOUNT PAID BY YOU FOR ANY CONTENT PURCHASED BY YOU ON THE SITES OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES.

Force Majeure

Neither Orient Blackswan Private Limited nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their respective reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Governing Law

The Sites are created and controlled by Orient Blackswan Private Limited. These disclaimers, terms, and conditions of use are governed by and construed in accordance with the laws of India and any dispute will be subject to the jurisdiction of the Courts at Hyderabad in Telangana, India, in all disputes arising out of or relating to the use of the Sites. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

Orient Blackswan Private Limited’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

Agreement

This Agreement is the entire agreement between the user and Orient Blackswan Private Limited and supersedes any prior understandings or agreements (written or oral).

User Information

Orient Blackswan Private Limited collects information on what pages are accessed or visited by consumers, as well as information volunteered by the consumer, such as survey information and/or site registrations. Orient Blackswan Private Limited uses this information for internal review, in order to improve the content of the Site and to notify consumers about updates to the Site.

Orient Blackswan Private Limited guarantees that if you supply your postal address on-line you will only be sent the information for which you provided your address but if you do not wish to receive e-mail from Orient Blackswan Private Limited in the future, or if you wish to be removed from mailing lists, please let us know by sending an e-mail at info@orientblackswan.com.

Post Your Opinion

www.orientblackswan.com welcomes your questions and comments about privacy. Please send your e-mail to info@orientblackswan.com

 

 

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