Terms & Conditions

LAST REVISION: --1/1/15

 

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS 

WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND 

BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

This Terms of Service Agreement (the "Agreement") governs your use of this website, 

www.bookmarked.co.in (the "Website"), Bookmarked ("Business Name") offer of products for 

purchase on this Website, or your purchase of products available on this Website. This 

Agreement includes, and incorporates by this reference, the policies and guidelines referenced 

below. Bookmarked reserves the right to change or revise the terms and conditions of this 

Agreement at any time by posting any changes or a revised Agreement on this Website. 

Bookmarked will alert you that changes or revisions have been made by indicating on the top of 

this Agreement the date it was last revised. The changed or revised Agreement will be effective 

immediately after it is posted on this Website. Your use of the Website following the posting any 

such changes or of a revised Agreement will constitute your acceptance of any such changes or 

revisions. Bookmarked encourages you to review this Agreement whenever you visit the Website 

to make sure that you understand the terms and conditions governing use of the Website. This 

Agreement does not alter in any way the terms or conditions of any other written agreement you 

may have with Bookmarked for other products or services. If you do not agree to this Agreement 

(including any referenced policies or guidelines), please immediately terminate your use of the 

Website. If you would like to print this Agreement, please click the print button on your browser 

toolbar.

I. PRODUCTS

Terms of Offer. This Website offers for sale certain products or services (the "Products"). By 

placing an order for Products through this Website, you agree to the terms set forth in this 

Agreement.

Customer Solicitation: Unless you notify our third party call centre reps or direct Bookmarked 

sales reps, while they are calling you, of your desire to opt out from further direct company 

communications and solicitations, you are agreeing to continue to receive further emails and call 

solicitations Bookmarked and its designated in house or third party call team(s).

Actual product may vary from the image shown on the website.

Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.

1. You may use the opt out link found in any email solicitation that you may receive. 

2. You may also choose to opt out, via sending your email address to: 

support@bookmarked.co.in

3. You may send a written remove request to Aakar Kale, B-205,Sierra Towers,Lokhandwala 

Township,Kandivali (East), , Mumbai, Maharashtra, 400101.

Proprietary Rights. Bookmarked has proprietary rights and trade secrets in the Products. You 

may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by 

Bookmarked. Bookmarked also has rights to all trademarks and trade dress and specific layouts 

of this webpage, including calls to action, text placement, images and other information.

II. WEBSITE

Content, Intellectual Property and Third Party Links: In addition to making Products available, this 

Website also offers information and marketing materials. This Website also offers information, 

both directly and through indirect links to third-party websites.Bookmarked does not always 

create the information offered on this Website; instead the information is often gathered from 

other sources. To the extent that Bookmarked does create the content on this Website, such 

content is protected by intellectual property laws of the India, foreign nations, and international 

bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. 

You acknowledge that your use of the content on this Website is for personal, non-commercial 

use. Any links to third-party websites are provided solely as a convenience to you. Bookmarked 

does not endorse the contents on any such third-party websites. Bookmarked is not responsible 

for the content of or any damage that may result from your access to or reliance on these third-

party websites. If you link to third-party websites, you do so at your own risk.

Use of Website: Bookmarked is not responsible for any damages resulting from use of this 

website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all 

applicable local, state, national, and international laws and regulations in your use of the Website 

(including laws regarding intellectual property), (2) not interfere with or disrupt the use and 

enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, 

directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of 

unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the 

Website

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to 

use the content and materials on the Website in connection with your normal, non-commercial, 

use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works 

of such content or information without express written authorization from Bookmarked or the 

applicable third party (if third party content is at issue).

Posting: By posting, storing, or transmitting any content on the Website, you hereby grant 

Bookmarked a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to 

use, copy, display, perform, create derivative works from, distribute, have distributed, transmit 

and assign such content in any form, in all media now known or hereinafter created, anywhere in 

the world. Bookmarked does not have the ability to control the nature of the user-generated 

content offered through the Website. You are solely responsible for your interactions with other 

users of the Website and any content you post. Bookmarked is not liable for any damage or harm 

resulting from any posts by or interactions between users. Bookmarked reserves the right, but 

has no obligation, to monitor interactions between and among users of the Website and to 

remove any content Bookmarked deems objectionable, in Bookmarked sole discretion.

III. DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE AND/OR PRODUCTS AND/OR SERVICES ARE AT YOUR 

SOLE RISK. THE WEBSITE AND PRODUCTS OR SERVICES ARE OFFERED ON AN "AS IS" 

AND "AS AVAILABLE" BASIS. BOOKMARKEDEXPRESSLY DISCLAIMS ALL WARRANTIES 

OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE 

AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR SERVICES OR 

WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR 

PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BOOKMARKED MAKES NO 

WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, 

COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS 

ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 

THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR 

SERVICES THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE 

WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO 

SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IV. LIMITATION OF LIABILITY

BOOKMARKED ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, 

OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND 

SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE 

AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS OR SERVICES 

PURCHASED VIA THE WEBSITE.

BOOKMARKED WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL 

OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE 

PRODUCTS OR SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM 

(1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS OR 

SERVICES; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES OR 

CONTENT; (3) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR 

TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS 

YOU ALLEGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY 

FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE 

LIMITATIONS MAY NOT APPLY TO YOU.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Bookmarked, and any of its contractors, 

agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, 

claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of 

third parties relating to or arising out of (1) this Agreement or the breach of your warranties, 

representations and obligations under this Agreement; (2) the Website content or your use of the 

Website content; (3) the Products or Services, or your use of the Products or Services (including 

Trial Products or Services); (4) any intellectual property or other proprietary right of any person or 

entity; (5) your violation of any provision of this Agreement; or (6) any information or data you 

supplied to Bookmarked. When Bookmarked is threatened with suit or sued by a third party, 

Bookmarked may seek written assurances from you concerning your promise to indemnify 

Bookmarked; your failure to provide such assurances may be considered by Bookmarked to be a 

material breach of this Agreement. Bookmarked will have the right to participate in any defence 

by you of a third-party claim related to your use of any of the Website content or Products, with 

counsel of Bookmarked choice at its expense. Bookmarked will reasonably cooperate in any 

defence by you of a third-party claim at your request and expense. You will have sole 

responsibility to defend Bookmarked against any claim, but you must receive Bookmarked prior 

written consent regarding any related settlement. The terms of this provision will survive any 

termination or cancellation of this Agreement or your use of the Website or Products or Services.

VI. PRIVACY

Bookmarked believes strongly in protecting user privacy and providing you with notice of 

Bookmarked use of data. Please refer to Bookmarked privacy policy, incorporated by reference 

herein, that is posted on the Website.

VII. AGREEMENT TO BE BOUND

By using this Website or ordering Products or Services, you acknowledge that you have read and 

agree to be bound by this Agreement and all terms and conditions on this Website.

VIII. GENERAL

Force Majeure: Bookmarked will not be deemed in default hereunder or held responsible for any 

cessation, interruption or delay in the performance of its obligations hereunder due to 

earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour 

strike, lockout, or boycott.

Force Majeure: Bookmarked will not be deemed in default hereunder or held responsible for any 

cessation, interruption or delay in the performance of its obligations hereunder due to 

earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labour 

strike, lockout, or boycott.

Cessation of Operation: Bookmarked may at any time, in its sole discretion and without advance 

notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement: This Agreement comprises the entire agreement between you and 

Bookmarked and supersedes any prior agreements pertaining to the subject matter contained 

herein.

Effect of Waiver: The failure of Bookmarked to exercise or enforce any right or provision of this 

Agreement will not constitute a waiver of such right or provision. If any provision of this 

Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless 

agree that the court should endeavor to give effect to the parties' intentions as reflected in the 

provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law, Jurisdiction: This Agreement will be governed by the laws of the State of 

Maharashtra without regard to its conflict of law principles to the contrary. Neither you nor 

Bookmarked will commence or prosecute any suit, proceeding or claim to enforce the provisions 

of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise 

arising under or by reason of this Agreement, other than in courts located in State of 

Maharashtra. By using this Website or ordering Products, you consent to the jurisdiction and 

venue of such courts in connection with any action, suit, proceeding or claim arising under or by 

reason of this Agreement. You hereby waive any right to trial by jury arising out of this 

Agreement and any related documents.

Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or 

cause of action arising out of or related to use of the Website or Products or Services or this 

Agreement must be filed within one (1) year after such claim or cause of action arose or be 

forever barred.

Termination: Bookmarked reserves the right to terminate your access to the Website if it 

reasonably believes, in its sole discretion, that you have breached any of the terms and 

conditions of this Agreement. Following termination, you will not be permitted to use the Website 

and Bookmarked may, in its sole discretion and without advance notice to you, cancel any 

outstanding orders for Products or Services. If your access to the Website is terminated, 

Bookmarked reserves the right to exercise whatever means it deems necessary to prevent 

unauthorized access of the Website. This Agreement will survive indefinitely unless and until 

Bookmarked chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use: Bookmarked makes no representation that the Website or Products are 

appropriate or available for use in locations outside India. Users who access the Website from 

outside India do so at their own risk and initiative and must bear all responsibility for compliance 

with any applicable local laws. Assignment. You may not assign your rights and obligations under 

this Agreement to anyone. Bookmarked may assign its rights and obligations under this 

Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE 

TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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