Terms and Conditions / Terms of Sale
Last updated on 26 July 2018,
These terms of offer for sale (“Terms of Offer For Sale”) between M/s ExamGuess Papers d/b/a Exam18 (hereinafter referred to as “M/s ExamGuess Papers” or “Exam18″) and the users of the Website (“You” or “Your” or “Yourself” or “User”) describe, inter alia, the terms of offer for sale, purchase of goods and services through the redemption of cash vouchers/ coupons (“Voucher/s”) or otherwise on the Website, www.exam18.com (“Website”).
PLEASE READ THE TERMS OF OFFER FOR SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE FOR THE PRODUCTS/ SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF OFFER FOR SALE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
1.1 The Website is a platform that facilitates the online sale and purchase of branded merchandise and services (“Services”) offered by Exam18’s various affiliates/ registered merchants/ vendors/ service providers (“Vendor/s”). The Services are offered to the Users through various modes which shall include but not be limited to, sale of Vouchers that can be redeemed for various products and services, sale of products etc. The Vendors are the sellers of products and services on the Website and will be solely responsible to You for the products sold or for redemption of any Voucher purchased by You through the Website.
1.2 You acknowledge that Exam18 has the right to change or discontinue any Service at any time, without notice. You further acknowledge that Exam18 may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Exam18 may make to the Services. You agree that Exam18 shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
2.2 Exam18 will facilitate the provision of the best, pre-negotiated deals for a particular product/service at a given price for a given place. Purchase of such Vouchers will be subject to the Terms of Offer For Sale and such other terms, if any, as specified by the Vendor.
2.3 Each Voucher will have the necessary redemption instructions printed on it. The Vouchers may contain an offer period, or expiry date mentioned on it, You shall use it accordingly. Unless otherwise stated, You will not be entitled to receive any credit or cash-back for the value of the Voucher You don’t redeem or use within the stipulated time period as mentioned in the Voucher, if any. You agree that the Voucher issued is specific to the product or service selected such as ICSE, ISC, NEET, Printed Book, E-Book etc. and cannot be used for the purchase of any other product or service as offered by the Website and cannot be used for the purchase of any other product or service and cannot be combined with other special offers or promotions that may be made available on the Website.
2.4 On making payment for the Voucher through any mode, including cash on delivery, You will be issued a Voucher which must be presented to the venue/ store of the Vendor, pursuant to which You can complete Your purchase of the relevant product or avail of the relevant service from such Vendor. The displayed price stated on the Voucher shall be inclusive of applicable taxes unless mentioned otherwise..
2.5 Vouchers once sold are non-refundable, whether You use it or not. Only one Voucher is allowed per transaction.
2.6 You agree that neither Exam18 nor the Vendors shall be liable in the event You lose, misplace or destroy Your Voucher at any time.
3.1 Exam18, through the Website also makes available of variety of branded products and merchandise at an agreed price to You. Purchase of such products will be subject to the Terms of Offer For Sale and such other additional terms, if any, as specified by the Vendor.
3.2 Exam18 offers SHIPPING for all the products on the Website as per the company’s policy, which may be changed by Exam18 without any notice to You. Octroi charges, wherever applicable, is borne and paid by the Exam18 and not to be borne by User.
3.3 All the Products are governed by the terms of warranties provided by the respective manufacturer/ brands. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details.
3.4 The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price (“MRP”) i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its packaging in accordance with applicable laws.
3.5 In the event You purchase any electronic product/s from the Vendors, Exam18 shall not be liable for any fault arising from these electronic product/s. You are requested to visit the nearest service station as per user manual, if any or as indicated by the Vendor/s for any default in the electronic product/s. In case if there is no service station located close to you, then, in such circumstances, Exam18 shall recall the product/s upon your request and send it to the service station on Your behalf. The personnel of service station shall directly get in touch with You for the cost incurred.
4.1 You should take all responsibility for your own actions in utilizing the services purchased by You and Exam18 shall not be liable for any such action.
4.2 You represents that You are of legal age to form a binding contract with Exam18 and are not a person barred from receiving services under the laws as applicable in India.
4.3 You confirm that Exam18 shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.
4.4 Exam18 does not offer any refunds against any services already purchased from the Website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to Exam18.
5. Pricing Information
5.1 Exam18 strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, Exam18 does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
5.2 While Exam18 strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Exam18 may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Exam18 will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Exam18 cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
6. Credit Card Details
In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Exam18 expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
7. Exam18 Credits
The Exam18 credits would be issued in exchange of returns or as part of special promotions.
8. Delivery of the Product
Your shipping address, pin code will be verified with the database of Exam18 before You proceed to pay for Your purchase. In the event case Your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request You to provide us with an alternate shipping address which we expect to have on our partner/merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Exam18, in such cases Exam18 will not be responsible for the non-delivery of the product. Exam18 doesn’t deliver items internationally. However, You can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India.
In case You book multiple order for the Products and Services in one transaction, Exam18 would endeavor to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics’ issues. If You purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.
For the E-Book formats, no physical delivery is done and you can download it from any part of the World under compliance with the digital goods policy laid down by your country.
9. Return Policy for Products
9.1 In the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through any of the below mentioned channels:
- 24-hour call center at +91 7506181854
- Sending us an email to [email protected]
9.2 Upon receiving Your complaint, Exam18 shall verify the authenticity and the nature of the complaint and if Exam18 is convinced that the complaint is genuine, Exam18 will take a request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, Exam18 reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by Exam18 in this regard.
9.3 Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If You observe that the package is damaged or tampered, request You to refuse to accept delivery and inform Exam18 at the earliest. The return process of the product may be restricted by Exam18 depending on the nature and category of the product.
9.4 In order to return any products sold through the Website, You are required to comply with the below mentioned conditions, viz:
- Please notify Exam18 of receipt of a damaged/ defective product/service within 48-hours of delivery to You. If You are unable to do so within 48-hours, Exam18 shall not be held liable for the failure to replace the order;
- Products should be unused;
- Exam18 will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Exam18 is unable to do so, Exam18 will notify You regarding the same and You will be required to dispatch the product using a reputed courier in Your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Exam18;
- Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
- It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
- The returned products are subject to verification and checks by Exam18 in order to determine the legitimacy of the complaint/ return.
9.5 In the event the return of a product is duly accepted by Exam18 , the value of such product, as originally paid by You during acceptance of delivery of product or otherwise, will be refunded to You. Refund will be processed based on the mode of payment and Exam18 or the approved payment gateway will credit Your refunds directly into Your debit/credit card or online accounts or provide You with a cheque in this regard. Refunds will be subject to the following:
- Orders paid online will be refunded within 7-21 working days through the online account or via cheque, depending on the then current circumstances as determined by Exam18;
- For Cash on Delivery payments, You will be provided with a refund cheque.
- If the product can be repaired by the service centre, Exam18 would get the same repaired and send it back to You.
- A promo code, once used shall not be refunded in case of cancellation of order either by customer or Exam18.
10.1 Cancellation by Exam18: There may be certain orders that Exam18 is unable to accept and must cancel. Exam18 reserves the right, at Exam18’s sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Exam18’s credit and fraud avoidance department – Invalid address given in order details, any malpractice used to place the order. Exam18 may also require additional verifications or information before accepting any order. Exam18 will contact You 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 credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Exam18.
10.2 Cancellation by the User: In case of requests for order cancellations, Exam18 reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Exam18 receives a cancellation notice and the order has not been processed/ approved by Exam18, Exam18 shall cancel the order and refund the entire amount to You within a reasonable period of time. Exam18 will not be able to cancel orders that have already been processed. Exam18 has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Exam18 and accept Exam18’s decision regarding the cancellation.
10.3 Exam18 reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Exam18 as per certain criteria. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address
- Bulk quantity of the same product ordered
Any Exam18 cash or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy.
11. Failure to Sell by the Vendor
Unless due to Your negligence, in the event the Vendor fails to complete a sale of a product or a service when presented by You with a valid Voucher or otherwise, You acknowledge that the vendor will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, You agree that Exam18 will not be held liable for failure of the Vendor to make available any product or service therein.
12.1 Exam18 DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. Exam18 MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR’S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND Exam18 DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. Exam18 ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
12.2 Exam18 SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND Exam18 SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
13. Indemnification and Limitation of Liability
13.1 You agree to indemnify, defend and hold harmless Exam18 from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Exam18 that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products and services on the Website.
13.2 In no event shall Exam18, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Exam18 has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Exam18’s entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You for any specific Voucher or product or service, under which the unlikely liability arises.
13.3 Exam18 shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the Voucher to the User.
14. Governing Law
14.1 These Terms of Offer For Sale and the relationship between You and Exam18 shall be governed in accordance with the laws of India without reference to conflict of laws principles.
14.2 You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer For Sale or any transactions entered into on or through the Website or the relationship between You and Exam18 shall be subject to the exclusive jurisdiction of the courts at Mumbai and You hereby accede to and accept the jurisdiction of such courts.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.
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