Terms And Conditions | Engage Learning

Terms & Conditions

This Website www.engagelearningmag.com, and associated sites are owned and operated by Engage Learning Pvt Ltd, an India-based company incorporated under the Indian Companies Act of 1956 and having its registered office at Anand Vihar, 69A Bhulabhai Desai Road, Mumbai 400026, India (hereinafter called “Engage Learning Magazine”).

By electronically accepting this agreement, you confirm your acceptance and it would be accepted as would a written agreement with your signature. “Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time. You accept all the terms and conditions as follows:

This Agreement is between Engage Learning Pvt Ltd a company incorporated under the Indian Companies Act, 1956 and having its registered office at Anand Vihar, 69A Bhulabhai Desai Road, Mumbai 400026, India (hereinafter called “Engage Learning Magazine” which expression shall, unless repugnant to or inconsistent with the context, mean and include the successors and permitted assigns, heirs, executors, legal representatives and administrators, as the case may be) of the One Part and you, the user of the website and websites operated by Engage Learning Magazine as a website visitor or as a person intending to make a purchase or actually making a purchase on one or more of our websites which are owned, fully or partially or operated by Engage Learning Magazine as a licensee.

Engage Learning Magazine is in the business of publishing educational magazines and creating an Internet retail platform that powers online sales of products across various categories, directly to consumers, as an online retailer for various brands and companies operating in India.

The liability of Engage Learning Magazine under this agreement is limited to a maximum of the value of the product purchased from Engage Learning Magazine plus shipping charges that may have been charged. Under no circumstances shall Engage Learning Magazine be liable for any direct or indirect costs or loss incurred by you for any reason related to the purchase or intended purchase of products and services on sites operated by Engage Learning Magazine. Engage Learning Magazine will not be responsible for any liability arising out of the conduct of its employees, associates, contractors and suppliers that may cause any financial or other loss to you.

Unless expressly mentioned in this agreement Engage Learning Magazine shall not be held liable for any other express or implied warranty, guarantees or any other Liabilities under this agreement.

Engage Learning Magazine may at any time make changes or modify the Website, its contents, the policies and terms and conditions including the privacy policy, shipping policy, return policy without any prior notice and it may do so with no prior permissions from users of the site or service.

Engage Learning Magazine is a channel for sales and as such aims to make information about products and service accurate. However should there be unintentional errors relating to the product, pricing, availability, shipping and product supply, Engage Learning Magazine will make good by correcting the amount (if incorrectly charged) and will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description

The content of this Website and other websites operated by Engage Learning Magazine may contain materials that are created by suppliers, vendors and others who sell their products and services. If any of the material is found to be objectionable or is found to have violated any law or copyright, the responsibility of this would be with the producer of the materials and Engage Learning Magazine will not be liable or responsible for any of the content. Any issues relating to this would need to be dealt with the original producer of the content and materials.

Engage Learning Magazine has the right to assign or transfer all or part of its rights or obligations under this Agreement without prior notification

This Agreement shall be subject to and construed in accordance with the laws of India and the Parties hereby submit to the exclusive jurisdiction of the courts of Mumbai.

In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Mumbai. The award of such arbitration shall be final and binding upon the Parties hereto.

All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made (i) if delivered by hand or (ii) sent by pre-paid registered post addressed to Engage Learning Magazine.

Use of Site

Your use of this website confirms your agreement to follow these rules and to be bound by them. Engage Learning Magazine reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as they are and as and when they are changed.

You warrant that you are at least 18 years old or visiting the Website under the supervision of a parent or guardian. Engage Learning Magazine owns the Website and shall retain all intellectual property rights, and ownership and proprietary rights and shall have the sole right, title and interest in and over the Website. Subject to the terms and conditions of this Agreement, Engage Learning Magazine hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your Internet browser only for the purpose of browsing and shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Engage Learning Magazine in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by Engage Learning Magazine in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Website for the benefit of another business unless explicitly permitted by Engage Learning Magazine in advance. Engage Learning Magazine reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Engage Learning Magazine believes that customer conduct violates applicable law or is harmful to Engage Learning Magazine interests. You shall not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

Engage Learning Magazine may assign you a password and account identification to enable you to access and use certain portions of this Website. Each time you use a password or identification, you will be deemed to be authorised to access and use the website in a manner consistent with the terms and conditions of this Agreement, and Engage Learning Magazine has no obligation to investigate the authorisation or source of any such access or use of the website. You will be solely responsible for all access to and use of this website by anyone using the password and identification originally assigned to you, whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred though such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Engage Learning Magazine of any unauthorised use of your password or identification or any other breach or threatened breach of this Site’s security.

Reviews and Comments

Except as otherwise provided elsewhere in this Agreement or on the Website, anything that you submit or post to the Website and/or provide Engage Learning Magazine, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and Engage Learning Magazine shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Engage Learning Magazine and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant Engage Learning Magazine the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Website and that use of your reviews, comments, or other Content by Engage Learning Magazine will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead Engage Learning Magazine or third parties as to the origin of any Submissions or Content. Engage Learning Magazine may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

Subscriptions

Your subscription order will be fulfilled by Engage Learning Pvt Ltd together with its agents and sub-contractors. Your subscription will start between 4 to 6 weeks after payment has been received by Engage Learning Pvt Ltd. Subscription will commence from the current issue if available, if not then from the next issue. All subscribers will receive 6 issues per subscription.

Print magazine subscribers will receive printed and online magazines. Online magazine subscribers will receive online magazines only.

If the magazine changes frequency per annum, we will honour the number of issues paid for, not the term of the subscription.

We reserve the right not to fulfil and to cancel orders if we are unable to obtain payment authorisation from the issuer of your payment card.

Our subscriptions are normally auto-renewing (unless you requested otherwise by contacting our customer service team at the time of placing your order).

Shipping Policy

We will deliver the magazines to the address you notify to us when you place your orders. Subscriptions will start with the current issue if available, if not then from the next issue. Please allow up to six weeks for delivery of your first issue. You agree that we will not be responsible for failure to deliver the magazines if you have supplied us with an incorrect address. We reserve the right not to refund you or any other person if we do not receive correct address details.

We will not be liable to you for any delay in delivery, non-delivery, loss or damage of magazines in the following circumstances:

- Where the issuer of your payment card refuses to authorise payment to us;
- Where such delay or failure or damage is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.

Our liability to you in the event of magazines being lost in despatch shall at our discretion, be limited either to replacement of the missing issues or refund of the cost of the missing issues, to the extent permitted by law we exclude all other liability to you. These Terms and Conditions do not and shall not affect your statutory rights as a consumer.

Shipping of products will be done by the method indicated in the order. If for any reason Engage Learning Pvt Ltd decides to send the product using an alternate method, other than the one indicated in the order, you will not need to pay any additional charges for this.

Payment

Prices displayed on the subscriptions and store sections of the website will prevail at all times in relation to orders placed online. Prices quoted on screen include delivery charges (in India) and taxes (where applicable). We reserve the right to increase our prices at any time and will notify you in writing with 14 days notice of any such price increase.

Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid. If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking “Place Order” or “Submit” you are confirming that you have obtained the express prior permission of the credit/debit card holder.

Returns, Cancellations and Refunds

The product colour and actual size and content may vary from the visual representation on the website. If for any reason you do not wish to use the product you may return it back to Engage Learning Pvt Ltd in its original packaging and condition without any use or wear and tear to the address given on the invoice. This facility is available for subscription copies only and must be received by Engage Learning Pvt Ltd within 14 days from the time it is received by you.

Once you place an order with Engage Learning Pvt Ltd for an individual magazine you cannot cancel or return this order once it is processed.

Our subscriptions are normally auto-renewing (unless you requested otherwise by contacting our customer service team at the time of placing your order). This means that your chosen payment method will be debited every twelve months. Subscribers ordering online from June 2017 onwards will be sent an email confirmation once their payment has been processed. Payments are normally taken on the 12th of the month preceding each renewal date. If you did not want to continue your subscription you can request a refund by contacting our customer service team.

If you cancel your subscription before the end of your term you will continue to receive the magazines that you have paid for but will not be charged again. If you wish to cancel the delivery of magazines that you have paid for, please contact our customer services team.

Please note that all credit card payments and refunds will be issued in Indian Rupees. For overseas customers, your credit card company will convert the Indian Rupee amount into your local currency and may charge an additional fee for completing the transaction.

Personal Information

We use the personal and transactional information (e.g. name, address, e-mail address, credit card details) (“Personal Information”) you supply to us in order to fulfil your subscription order. We will never share your Personal Information with any third party companies. By placing your order your email will be added to our email newsletter and you will be sent updates from Engage Learning Pvt Ltd. You can opt out of receiving these emails at any time by clicking on the link provided in the emails.

Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use.

Contact

Please send your questions and comments regarding this Website to info@engagelearningmag.com.