The domain name www.16leaves.com (hereinafter referred to as “Website”) is owned by ThinkMines Media a firm incorporated under the Indian Partnership Act, 1932 with its registered office at Block 3, Door no. 4, Sai AyushRamesha Flats, 2nd Cross Street, Kalki Nagar Main Road, AGS Colony, Velachery, Chennai, Tamil Nadu, India (hereinafter referred to as “ThinkMines Media”).
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the ThinkMines Media website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. ThinkMines Media reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to ThinkMines Media’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. ThinkMines Media is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Membership on the Website is free for buyers. ThinkMines Media does not charge any fee for browsing and buying on the Website. ThinkMines Media reserves the right to change its Fee Policy from time to time. In particular, ThinkMines Media may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event ThinkMines Media reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to ThinkMines Media.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
Third Party Contents Posted on Site
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Disclaimer of Warranties and Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, ThinkMines Media does not warrant that:
ThinkMines Media will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. ThinkMines Media does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. ThinkMines Media reserves the right to delete such multiple listings of the same product listed by you in various categories.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
Compliance with Laws:
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and ThinkMines Media Website.
Buyer’s arrangement with Issuing Bank:
If ThinkMines Media has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then ThinkMines Media may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.
ThinkMines Media reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, ThinkMines Media may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
Digital Content: eBooks
ebook (ePub format/PDF/Others):
You will be able to purchase DRM-encrypted eBooks in ePub file format on the ThinkMines Media Website and the eBooks application. Such ePub files shall be provided to you as per your selection, subject to certain limitations as described herein. You shall be granted specified download rights of DRM-encrypted ePub files from the catalog of eBooks displayed on the Website.
You will need to be registered with ThinkMines Media to make an ebook purchase. The eBooks which you purchase from the ThinkMines Media Website or eBooks application shall be added in your ThinkMines Media eBooks library from where you can download the eBooks onto your device(/s). Each downloaded ebook is locked to the User account and the downloader device. These downloaded eBooks cannot be transferred onto other devices. Each device used by you will have to be synced with your online eBooks library. You can sync a maximum of six (6) devices against your user account. You can download the eBooks to your mobile or tablet devices for offline reading and can read the eBooks using the eBooks Application only.
eBooks application will enable you to read the digital books purchased from the eBooks store, on your mobile or tablet devices. The app also has an in-app, eBooks store where the user can quickly purchase eBooks. The eBooks app will be available in the Android, IStore, Blackberry platform. The Android app will be compatible with both mobiles and tablet devices. You can download the eBooks android app for free from the ThinkMines Media Website and also Google Play.
Currently you can purchase downloadable eBooks only through the Website and eBooks Application as may be made available from time to time on the Website, only within the territory of India. You have to be within the Indian Territory to even download the already purchased files from your ThinkMines Media eBooks library.
The DRM (Digital Rights Management) enables us to restrict certain permissions. The DRM specifications restrict the following permissions:
|Side Loading (One device to another)
|Read out aloud
|Number of distinct devices for file downloading
|Social Media Sharing
You agree that we shall have no liability to you for ebook downloaded by You on the Website or Apps if you find the same to be offensive, indecent or objectionable.
The Price List for each downloadable ebook displayed on the Website represents the full retail price (inclusive of all taxes unless specified otherwise) for said downloadable ebook. You shall pay for such downloadable ebook using one of the payment options available on the Website. The Price List mentions the prices of each downloadable ebook and the User shall pay in Indian Currency (i.e. INR). We reserve our right to change the prices of the ebook and services and the availability of the same at our sole discretion.
ThinkMines Media will allow the user to buy ebook using the following forms of payments.
Please note that payment can be made only in India Rupees and all the above payment instruments must have been issued by entities operating in India and subject to Indian regulations.
Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that you shall pay all amounts due upon demand by us.
All Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are final. We do not accept returns of eBooks. Once you have purchased eBooks, we encourage you to download it promptly. If you are unable to complete a download, please contact customer service within 30 days of the payment. The ebook will be removed from your library and the amount that was charged during the payment will be refunded in the form of store credit. The eBooks will also be replaced in cases of genuine technical errors as mentioned in the replacement policy.
You bear all risk of loss after purchase and for any loss of eBooks you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, at our sole discretion remove eBooks from the Service without notice.
Intellectual Property Rights:
It is hereby specifically recorded that the copyright and other Intellectual Property in the ebook available on the Website is the sole and exclusive property of ThinkMines Media & third parties. We are authorised by such third parties to upload the ebook on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of ThinkMines Media as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.
Your request to download an ebook is personal to you, and the ebook may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. The license to downloaded eBooks includes only those rights explicitly stated herein (typically, the right to read the ebook in eBooks Application), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies, or to use the ebook in any commercial manner. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.
We may make available to you, from time to time, software or updates for your use in connection with the download of eBooks (any and all such software, individually and collectively, the “Software”).
You may use the Software only in connection with the download of eBooks on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. ThinkMines Media make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and ThinkMines Media is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by ThinkMines Media and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
ThinkMines Media we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Limitation of Liability