Terms and Conditions of Sale
The Terms and Conditions of Sale ("Terms of Sale") detail the terms on which you may subscribe to or purchase print versions of books, magazines, and films or subscribe to or purchase digital versions of magazines and magazine articles ("Product"/"Products") from The Marg Foundation through our Website at www.marg-art.org ("Website").
Prior to placing an order for any Products you must click on a check box to declare that you have read and accept the Terms of Sale. Your acceptance would constitute this to be a legal, valid and binding Contract between The Marg Foundation and you.
These Terms of Sale being an electronic record are generated by a computer system and do not require any physical or digital signatures.
Any information contained in this Website is not intended to advertise or solicit any of our Products in any manner whatsoever.
(1) DEFINITION OF TERMS
The "Seller", "Marg" or "We" shall mean The Marg Foundation, a public trust registered under the provisions of the Maharashtra Public Trusts Act, 1950, and having its registered office at Army & Navy Building, 3rd Floor, 148, Mahatma Gandhi Road, Mumbai 400001, India, and includes its successors and assigns.
The "Buyer" or "You" shall mean you as the other party to this Contract, your heirs, legal representatives, successors, and permitted assigns.
(2) ORDER CONFIRMATION AND PAYMENT TERMS
- The order submitted will be confirmed by the Seller through the Website or by email. If the Buyer does not receive an order confirmation, the Buyer can contact us before trying to place another order for the same Product.
- Terms of payment are within the Seller's sole discretion, and unless otherwise agreed to by it, payment must be received by the Seller prior to dispatch of an order. Payment for the Products will be made by credit card, or some other payment method notified on the Seller’s Website. If the Buyer’s initial payment authorization is later revoked, the Buyer’s subscription or purchase of the Products, or access will be terminated.
- Products’ price does not include delivery cost, excise, customs, octroi, or other duties, taxes on sale, purchase, assignments, levies, or additional expenses occasioned by causes beyond the Seller's control (including statutory impositions) or by Force Majeure Event. Applicable taxes may vary. The Seller is not able to notify the Buyer in advance of changes in applicable taxes.
- If a stated price for a Product is determined by the Seller in its sole discretion to be in error, the Seller is not under any obligation to offer the Buyer the subscription or Product at that price. The Seller will notify the Buyer of the error and give the Buyer the opportunity to cancel its order and obtain a refund if payment already has been made.
- The Seller reserves the right to change prices and fees at any time.
- Discount eligibility is determined at the time of placement of the order for the Products. Discounts cannot be applied with retrospective effect.
- By subscribing to or purchasing a Product, the Buyer submits that all information provided during the order process is true and correct (including all credit card information), and that it is the authorized holder of the credit card.
- The Seller reserves the right to reject any order or purchase at any time.
The Buyer will be notified in advance of upcoming renewals. Digital Product subscribers will be sent a renewal reminder at the end of the cycle.
- When a Buyer uses the digital Product on a mobile device or a computer, it may incur charges from its service provider, such as telecommunications fees or data fees. These fees are not included in the price, and the Buyer is solely responsible for paying them separately. The Seller will accept no liability in respect of any additional costs under any circumstances.
(3) GIFT SUBSCRIPTIONS
The Seller allows subscriptions to be purchased as gifts. The person responsible for payments and fees is the person who initially purchased the gift subscription and only that person may receive any refunds or other payments that may be due in respect of the gift subscription.
These Terms of Sale will apply to the beneficiary of any gift subscription, who may use the Website and access or receive delivery of our Products in accordance with these Terms of Sale. All references to "Buyer" or "You" (other than in relation to renewal, payment, fees, refunds and cancellations) shall be read as references to the beneficiary of the gift subscription.
- By placing an order for purchase or subscription for a digital Product, the Buyer agrees that the Seller may start its digital subscription or deliver its paid Product immediately and the Buyer acknowledges that it will lose its right to a refund in relation to any issue that has been published or delivered before the Buyer cancels the order.
- Printed Products shall be delivered within approximately fifteen working days at the address provided. However, time of delivery is not guaranteed and will be extended by any delays occasioned by causes beyond the Seller's control, including but not limited to a Force Majeure Event.
- Delivery may be in one lot or in several lots at the Seller's option.
- The Buyer shall inspect the printed Products immediately on arrival and shall within 7 (seven) days from date of their delivery give the Seller notice of any matter or thing by reason whereof it may allege that the Products are not in accordance with the Contract. If the Buyer fails to give such notice within 7 (seven) days as aforesaid, the Buyer shall not be entitled thereafter to put in any claim against the Seller in respect thereof.
Notwithstanding anything to the contrary in any of the terms and conditions governing this Contract, with the delivery of the Products, the property in the Products will vest in the Buyer unless otherwise expressly stipulated.
The Buyer shall not assist third parties in accessing digital subscriptions or paid Products on an unauthorized basis, including by sharing the Buyer’s access credentials or providing any content or other materials that the Buyer obtained through a digital subscription or purchase of the Products.
In the event of any fraudulent, abusive, or otherwise illegal activity relating to the Buyer’s digital subscription or Products purchased, the Seller reserves the right to, in its sole discretion, terminate those accounts and refer the Buyer to appropriate law enforcement agencies, without any prior notice. The Buyer will be solely responsible for any loss or damage arising from any such fraudulent, abusive, or otherwise illegal activity.
(6) MOBILE ACCESS AND JURISDICTIONAL AVAILABILITY
Some portions or components of digital subscriptions or other digital Products may be accessible only using a particular kind of device – for example, an Apple iPad. The Buyer should investigate digital subscriptions or purchase of digital Products before the Buyer pays for access to them to ensure that they will work with the Buyer’s device. The Seller does not refund any fees the Buyer paid if the digital subscription or paid digital Product ordered by the Buyer is not compatible with its device.
(7) DISCLAIMER OF WARRANTIES
The Seller makes no express warranties except those stated in these Terms of Sale. The Seller disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
The Seller reserves the right to make changes to digital or print Products, without any prior warning or notice, at any time. If the Seller temporarily reduces or eliminates the charge for content or access that the Buyer is currently paying for under different terms, the Buyer will not be eligible for a refund.
(8) LIMITATION OF LIABILITY
Under no circumstances shall the Seller or its partners, associates, suppliers, vendors, officers, trustees, agents, employees and contractors be liable for any losses or damages whatsoever including without limitation, direct, indirect, punitive, special, incidental, remote and consequential damages, loss of profits, goodwill, other tangible losses or damages whatsoever arising out of or resulting from the use of the Products or inability to use the Products; unauthorized access to your registered account or password; any other matter, whether based on warranty, contract, tort, or any other legal theory; or otherwise whatsoever in respect of this Contract.
Without prejudice, it is agreed by you that the Seller including its partners, associates, suppliers, vendors, officers, trustees, employees and contractors shall not be held cumulatively liable for any damages or claims in excess of a sum equal to the amount paid or payable by the Buyer for the subscriptions or purchases in respect of one incident or series of incidents attributable to the same cause.
(9) EXCLUSIONS AND LIMITATIONS
The Buyer acknowledges, agrees and confirms that the disclaimers and exclusions of liability set forth in sections 7 and 8 represent a fair and reasonable allocation of the risks and benefits of the Contract between the Buyer and Seller, taking all relevant factors into consideration, including without limitation the value of the consideration provided by the Buyer and Seller. The Buyer further agrees that these disclaimers and limitations shall be enforceable to the fullest extent permitted under the applicable law.
The Buyer shall be solely responsible for compliance of all laws, rules and regulations for import or export of Products within the Buyer's local jurisdiction and payment of any duties, taxes and charges levied or charged. The Seller has no knowledge or control over these duties, taxes and charges that may be levied on the Buyer in the Buyer's local jurisdiction and cannot predict their amount. The Buyer undertakes to contact its local authorities for any further information prior to placing an order for the Seller's Products.
(11) NOTICES AND COMMUNICATION
When using the Seller's Website, the Buyer accepts that communication with the Buyer will be mainly in electronic form. For contractual purposes, the Buyer agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that the Seller provides to the Buyer electronically at the email address provided to the Seller, complies with any legal requirement that such communications be in writing.
The Buyer agrees and understands that in ordering any Products, the Buyer may decide to access third-party websites including partner and associate websites linked to the Seller's Website. The Buyer undertakes that it shall read the privacy policies and terms and conditions of such websites after which the Buyer shall decide to access any third-party sites linked to this Website, entirely at the Buyer's own risk. Any links to any partner and associate of the Website is the responsibility of the linking party, and the Seller shall not be responsible for notification of any change in name, location of any information on the site and not liable for any actions, claims, losses or damages arising thereto.
(13) COMPLIANCE WITH APPLICABLE LAWS
This Website may be accessible from places that are out of the geographical boundaries of the Republic of India. Marg makes no representation that the content or material available on the Website is appropriate for use in other locations. Visitors and users that access the Website from locations beyond the geographical boundaries of India do so at their own risk, and shall be responsible for compliance with the laws of India and the laws of their local jurisdiction.
The Buyer hereby agrees to indemnify and hold the Seller, its trustees, employees and partners, safe and harmless from, against and in respect of all actions, notices, claims, allegations, suits, investigations, judgments, settlements, demands, losses, damages, expenses, costs, liabilities or other proceedings of whatsoever nature (including attorney’s fees) arising from: (i) the Buyer's use of and access of the Website; (ii) violation by the Buyer of any term of these Terms of Sale; (iii) the Buyer’s violation of third party rights; (iv) breach of any applicable laws.
(15) EVENTS BEYOND SELLER'S CONTROL
The Seller will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under any Contract, that is caused by events beyond the Seller's reasonable control or a Force Majeure Event.
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the reasonable control of the Seller and includes (without limitation)
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- technical failures, server problems, virus attacks;
- the acts, decrees, legislation, regulations or restrictions of any government.
The Seller's performance under any Contract with the Buyer is deemed to be suspended for the period that the Force Majeure Event continues, and the Seller will have an extension of time for performance for the duration of that period.
(16) NO THIRD-PARTY BENEFICIARIES
The Buyer agrees that, except as otherwise expressly provided in these Terms of Sale, the Buyer shall not be entitled to have any third-party beneficiaries to this Contract.
(17) GENERAL INFORMATION
- Entire Agreement. These Terms of Sale constitute the entire agreement between the Seller and the Buyer and supersedes any prior understandings and agreements between them on the subject matter of the Contract. The Buyer may also be subject to additional terms and conditions that may apply to the Buyer when using the Seller-partner and associate services.
- Waiver and Severability of Terms. The failure of the Seller to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms of Sale is found by a court of competent jurisdiction to be invalid, such provision shall be severed from the Contract and the other provisions of the Terms of Sale remain in full force and effect.
- Headings. The headings in these Terms of Sale are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Sale.
- Severability. Each of the provisions in these Terms of Sale are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Sale shall not in any way be affected or impaired thereby.
(18) GOVERNING LAW AND JURISDICTION
The Terms of Sale (including the documents referred to and thus incorporated herein) are governed solely and exclusively by the laws of India. The Courts in Mumbai only shall have the exclusive jurisdiction in respect hereof.
(19) CHANGE OF TERMS OF SALE
The Seller may change these Terms of Sale without notice to the Buyer. The Seller recommends that the Buyer visits these Terms of Sale from time to time to understand and be fully aware of any changes.
(20) THIRD PARTIES
If the Buyer has purchased or subscribed to a Product offline or through a third party, these Terms of Sale may not apply to it. The Seller is not liable to the Buyer for any claims related to purchases or subscriptions made through third parties. Please contact the third party directly which would include application providers or suppliers.