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Part I.
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ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF SERVICE This page
states the Terms and Conditions under which you may use this website. Please read this page carefully. If you do
not accept the Terms and Conditions stated here, do not use the website. Amar Chitra Katha Pvt. Ltd. ("Company")
reserves the right to change these Terms and Conditions at any time without notice and with immediate, retroactive
effect. Each visitor agrees to review the website regularly for changes in the Terms and Conditions. By using Amar
Chitra Katha Pvt. Ltd.'s services, you are agreeing to be bound by these terms of service.
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Part II.
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INTERPRETATION In these Terms of Service the following meanings will
apply: * "Agreement" means this agreement between Amar Chitra Katha Pvt. Ltd. and the User for the provision of
the Services; * "Services" means, services offered by Amar Chitra Katha Pvt. Ltd. * "Website" means the Websites
operated by Amar Chitra Katha Pvt. Ltd. whose URLs are www.ack-media.com, www.amarchitrakatha.com, www.tinkleonline.com and/or such other websites and web pages operated by Amar
Chitra Katha Private Limited or its affiliates.
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Part III.
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USER'S OBLIGATIONS 3.1 The User agrees: 3.1.1 to provide
true, accurate, current and complete information about the User as prompted by the support form; 3.1.2 to
abide by all applicable laws and regulations when using the Service; 3.1.3 not to frame the Website or
provide a link to a page on the Website without the consent of Amar Chitra Katha Pvt. Ltd; 3.1.4 not to
transmit through the Service any unlawful, unsolicited, abusive, threatening, obscene or otherwise objectionable
material of any kind, or any material that violates the rights of a third party, including but not limited to the
intellectual property rights of that party; 3.1.5 not to transmit through the Service any computer viruses,
Trojan horses, worms, dialers or other software routine designed to permit unauthorised access to a computer
system or to disable, erase or otherwise damage software, hardware or data or cause computer system to become
inoperative; and 3.1.6 not to transmit "junk mail", "spam", "chain letters", or distribute unsolicited mass
messaging of any nature.
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Part IV.
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MEMBER ACCOUNT, PASSWORD, AND SECURITY If a particular Service
requires the User to open an account, the User must complete the registration process by providing current,
complete and accurate information as prompted by the applicable registration form. The User is entirely
responsible for maintaining the confidentiality of the User's password and account. Furthermore, the User is
entirely responsible for any and all activities that occur under the User's account. The user agrees to notify
Amar Chitra Katha Pvt. Ltd. immediately of any unauthorized use of the account or any other breach of security.
Amar Chitra Katha Pvt. Ltd. will not be liable for any loss that the User may incur as a result of someone else
using the User's password or account, either with or without the User's knowledge. However, the User shall be held
liable for losses incurred by Amar Chitra Katha Pvt. Ltd. or another party due to someone else using the User's
account or password. The User shall not use anyone else's account at any time, without the permission of the
account holder.
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Part V.
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Cancellation and Refund Policy Amar Chitra Katha Pvt. Ltd. reserves
the right to cancel orders in the following scenarios: 1.Credit card payment is found to be fraudulent
2.Cheque for order placed is not received within 2 weeks of placing order 3.Item runs out of stock in the
interim period between placing and fulfilling the order. In this case, the amount corresponding to any items out
of stock will be refunded to the customer by electronic transfer/cheque.
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Part VI.
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NO UNLAWFUL OR PROHIBITED USE As a condition of use of the Services,
the User will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and
notices. The User will not attempt to gain unauthorized access to any Service, other accounts, computer systems or
networks connected to any Service, through hacking or any other means. The User shall not obtain or attempt to
obtain any materials or information through any means not intentionally made available through the Services.
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Part VII.
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The User acknowledges and agrees that all intellectual property rights, including but not limited to copyrights,
trademarks, service marks or patents, in all material and content (including but not limited to text, software,
music, sound, photographs, graphics and video) made available to User through the Service is at all times vested
in Amar Chitra Katha Pvt. Ltd. or its licensors. The User acknowledges and agrees that the User is permitted to
use this material and information only as set out in these Terms of Service or as otherwise expressly authorised
by Amar Chitra Katha Pvt. Ltd. or its licensors in writing, and that the User may not otherwise copy, reproduce,
transmit, distribute, commercially exploit or create derivative works of such material and information. Unless
otherwise specified, the Services are for the User's personal and non-commercial use. The User shall not modify,
copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained from the Services. This website and websites
accessible through this website contain trademarks, copyrights and intellectual property rights of ACK MEDIA DIRECT PVT.Ltd and other entities. ACK Media Direct Private Limited does not stake
claim in the ownership and/or rights in the intellectual property rights of which it is not an owner or licensee
or permitted user.
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Part VIII.
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DATA PROTECTION By agreeing to these Terms of Service or using the
Website and/or Service, the User grants his/her express and unequivocal authorisation to Amar Chitra Katha Pvt.
Ltd to process his/her personal data, as well as to communicate, assign and transfer the said data as described
above and as further set out in the Privacy Policy.
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Part IX.
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MATERIALS PROVIDED TO AMAR CHITRA KATHA OR POSTED AT THE WEB SITE
Amar Chitra Katha Pvt. Ltd. does not claim ownership of the materials the User may provide to Amar Chitra Katha
Pvt. Ltd. However, by posting, uploading, inputting, providing or submitting the User's Materials, the User
unconditionally grants to Amar Chitra Katha Pvt. Ltd., its affiliated companies and necessary sub licensees
permission to use the User's Materials in connection with the operation of its Internet businesses including,
without limitation, the rights (without payment of any compensation to the User) to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat the User's Materials. Amar Chitra
Katha Pvt. Ltd. may remove the User's Materials from the Website at any time in its sole discretion without
reference to the User.
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Part X.
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CHANGES IN THE TERMS OF SERVICE AND THE SERVICE AND NOTICES BETWEEN AMAR
CHITRA KATHA PVT. LTD. AND THE USER We reserve the right to: 1.Change the terms, conditions, and
notices under which the Services are offered, including but not limited to the charges associated with the use of
the Services. 2.Modify or withdraw temporarily or permanently the Services (or any part thereof) with or
without notice to the User and the User confirms that we shall not be liable to you or any third party for any
modification to or withdrawal of the Services; and/or 3.Change the conditions from time to time. The User's
continued use of the Services or any part thereof following such change shall be deemed to be the User's
acceptance of such change. 4.The User shall be responsible for regularly reviewing these terms and
conditions.
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Part XI.
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INDEMNITY You agree fully to indemnify, defend and hold us and our
offices, directors, employees and suppliers harmless immediately on demand and against all claims, liability,
damages, losses, costs and expenses including reasonable legal fees arising out of any breach of these Terms of
Service by you or any other liabilities arising out of your use of the Services or the Website or the use by any
other person accessing the Services or Website using your account and all your personal information.
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Part XII.
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LINKS TO THIRD-PARTY WEBSITES 12.1 The Service may provide links to
other Websites or resources. The User acknowledges and agrees that Amar Chitra Katha Pvt. Ltd is not responsible
for the availability of such external sites or resources, and does not endorse and is not responsible or liable
for any content, advertising, products, services or other materials on or available from such sites or resources.
12.2 The User's dealings with any third parties accessed through the Service, including payment and delivery of
any goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between the User and such third party. The User agrees not to hold Amar Chitra Katha Pvt. Ltd
liable for any loss or damage incurred as a result of such dealings.
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Part XIII.
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GOVERNING LAW AND DISPUTE RESOLUTION 13.1 These Terms of Service
and the relationship between the User and Amar Chitra Katha Pvt. Ltd will be governed by Indian law. Courts in
Mumbai, Maharashtra shall have jurisdiction in respect of all the terms, conditions and disclaimers. 13.2
The failure of User and Amar Chitra Katha Pvt. Ltd. to exercise or enforce any right or provision of these Terms
of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is
found to be invalid, the parties agree that the invalid provision will be deemed to be replaced by a valid,
enforceable provision that reflects the parties' original intentions, and the other provisions of these Terms of
Service remain in full force and effect. 13.3 Any claim or cause of action arising out of or related to use
of the Service or these Terms of Service must be filed within one calendar month of such claim or cause of action
arising or be forever barred.
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Part XIV.
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WARRANTIES 14.1 Amar Chitra Katha Pvt. Ltd will endeavour to provide
the Service using reasonable skill and care. Amar Chitra Katha Pvt. Ltd makes no further representations or
warranties (express or implied) in relation to the Service other than as set out in this Agreement. 14.2
Subject to section 12.1 and to the extent permitted by law, Amar Chitra Katha Pvt. Ltd expressly disclaims all
conditions and warranties of any kind, whether express or implied, including but not limited to the implied
conditions of satisfactory quality, fitness for a particular purpose and non-infringement of proprietary rights.
14.3 The User expressly agrees that use of the Service is at the User's sole risk. The Service is provided on an
"as is" and "as available" basis and that the content available through the Service may be incomplete or
inaccurate. 14.4 Subject to section 13.1 and to the extent permitted by law Amar Chitra Katha Pvt. Ltd
makes no warranty that the Service will meet the User's specific requirements, or that the Service will be
uninterrupted, timely, secure, or error free; nor does Amar Chitra Katha Pvt. Ltd make any warranty as to the
results that may be obtained from the use of the Service. 14.5 No guidance, advice or information, whether
oral or written, and whether or not it is provided prior to agreeing to these Terms of Service or not obtained by
the User from Amar Chitra Katha Pvt. Ltd or through or from the Service will create any warranty not expressly
stated herein. The Terms of Service constitute the entire agreement between Amar Chitra Katha Pvt. Ltd and the
User.
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Part XV.
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THIRD PARTY RIGHTS A person who is not a party to this Agreement
has no rights to enforce any term of this Agreement.
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Part XVI.
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LIABILITY 16.1 Subject to section 15.4, Amar Chitra Katha Pvt. Ltd
will not be liable for any direct, indirect, incidental, special or consequential damages, including but not
limited to damages for loss of profits, use, data or other intangibles, resulting from: 16.1.1
The User's use of or inability to use the Service; 16.1.2 unauthorised access to or alteration
of the User's transmissions or data; 16.1.3 interruption, modification, suspension or
termination of the Service, whether such interruption, modification, suspension or termination was justified or
not, negligent, inadvertent or intentional. 16.2 Subject to section 16.4, Amar Chitra Katha Pvt. Ltd
accepts no liability for any errors or omissions in content or information contained on the Website. 16.3
The User understands that Amar Chitra Katha Pvt. Ltd is not responsible for the security of the data transmissions
between Amar Chitra Katha Pvt. Ltd and the User, including but not limited to the transmission of the payment
information such as credit card numbers. Subject to section 16.1 and to the extent permitted by law, Amar Chitra
Katha Pvt. Ltd expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of
the data transmission between Amar Chitra Katha Pvt. Ltd and the User. 16.4 Nothing in these Terms of
Service excludes or limits Amar Chitra Katha Pvt. Ltd's liability for death or personal injury resulting from its
negligence, or loss or damage caused by Amar Chitra Katha Pvt. Ltd's fraud, gross negligence or willful
misconduct. 16.5 The User understands and agrees that any material and/or data downloaded or otherwise
obtained through the use of or from the Service is obtained at the User's own discretion and risk.
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Part XVII.
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TERMINATION/ACCESS RESTRICTION Amar Chitra Katha Pvt. Ltd. reserves
the right, in its sole discretion, to terminate access to any or all Services and the related services or any
portion thereof at any time, without notice. Amar Chitra Katha Pvt. Ltd. may also terminate or suspend access to
the Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period
of time, as determined by Amar Chitra Katha Pvt. Ltd. Amar Chitra Katha Pvt. Ltd. shall have no obligation to
maintain any content or to forward any unread or unsent messages to the User or any third party.
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Part XVIII.
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FORCE MAJEURE Amar Chitra Katha Pvt. Ltd's performance of its
obligations under this Agreement will be suspended for so long as Amar Chitra Katha Pvt. Ltd is prevented from
doing so by an event of force majeure (which means an event beyond Amar Chitra Katha Pvt. Ltd's reasonable control
including, without limitation, strikes, labour disputes, acts of God, war, riot, civil action, malicious damage,
compliance with any law or governmental order (whether in force at the time these Terms of Service are agreed or
at a later date), rule, regulation or direction, accident, equipment or electrical or telecommunications services
failure, fire, flood or storm). Copyright © 2012 Amar Chitra Katha Pvt. Ltd.. All Rights Reserved.
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Part XIX.
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Communications When the User uses our website or send emails or
other data, information or communication to the Company, the User agrees and understands that he/she is
communicating with the Company through electronic means and he/she consents to receive communications /
notifications via electronic means from the Company periodically and as and when required. The Company may
communicate with the User by email or by such other mode of communication, electronic or otherwise.
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Part XX.
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Return policy The Company offers 30 (Thirty) days replacement
guarantee for all products sold on its website, under certain conditions which are mentioned below. Customers need
to notify the Company of any damage or defect within 72 hours from the date of receipt of delivery of the
products, in case customer fails to inform the Company within the stipulated time frame, the Company reserves the
right to accept or reject such request at its discretion. The Company undertakes to replace the defective product
with a brand new product at no extra cost. The Company will try to replace the specific product ordered.
However, the Company reserves the right to offer an alternate product in case the product is out of stock/
production. The 30 (Thirty) days replacement guarantee is valid only in cases of manufacturing defects and
transport damages and is invalid in cases of damages due to normal wear and tear and negligence on part of the
customer. Should customers come across any issue with our products, they are advised to contact customer service
within 72 hours, failing which the Company may decide not take a request for replacement. Digital content
such as e-books is not returnable at all. The Company makes every effort to ensure that the order is
carefully dispatched to the customer. The Company is committed to superior customer service, quality products and
the customer’s complete satisfaction. However, if the customer wishes to return the product(s), he/she should keep
in mind a few things before sending the item(s) and follow the below procedure: Product(s) must be unused
and in their original condition with all packaging. Any product that is returned without all original packaging,
will not be eligible for a replacement. Please do take care that that you pack Product(s) securely and
safely to prevent any loss or damage during transit. For all self shipped returns, the Company recommend the
Customers to use a reliable courier service. In order to offer a hassle free replacement service, it is
required to get the product condition checked before sending out the replacement unit. Hence, the Company needs to
acquire the defective/damage product before processing replacement or a refund.
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Part XXI. |
Exchange/Returns The Company does not offer cash refunds. In case of
returns customers have the following two options - Get equivalent amount of Coupon for redemption on any
future purchase on the website. In case of damaged or incorrect product, the Company would ship the correct
product upon receipt of the damaged or incorrect product from the customer. Customers will have to bear the return
shipment and packaging costs. All Product(s) to be returned must be unused and in their original condition.
Product(s) must be in their original unused, unsoiled condition, please make sure that you pack Product(s)
securely and safely to prevent any loss or damage during transit. For all self-shipped returns, we recommend you
use a reliable courier service and share the tracking details after dispatching the product. Product
replacement - In case of damaged or incorrect product(s), the Company would replace it with a new one, upon
receipt of the returned Product.
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Part XXII. |
Refund Refunds are issued in the following two ways In case
you do not wish to receive the replacement, you may specify that in your communication with our customer service.
You would receive a redemption coupon of the equivalent amount which can be used for future purchases on our
website. To claim full refund of any item purchased, you are required to return the item within 7 days from
the day of delivery. The refund amount will be in the form of a redemption coupon.
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Part XXII. |
Free Gifts The free gift(s) [if any offered with any of our
Product(s)] will be delivered in the 2nd month of subscription / sale to the destination mentioned at the time of
placing the order. The National Geographic fleece jacket [as offered with our select Product(s)] is free
sized, i.e. size is standardized for all. The National Geographic fleece jacket [as offered with our select
Product(s)] is manufactured in India.
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Part XXIV. |
Customer Service Our customer service team is available from Monday
to Friday between 9 am to 7 pm. They can be reached at 022-40497435, 022-40497436, 022-40497431, 022-40497417 or
via email at customerservice@ack-media.com
If you face any issues with price, quality or delivery of products we will take every measure to address the issue
and make it up to you. Please contact our customer support team with details or your order as well as the issue
you faced.
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