Dogears Etc. Website TERMS & CONDITIONS

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE DOGEARS ETC. WEBSITE http://www.dogearsetc.com (THE "WEBSITE") OPERATED BY DOGEARS ETC. AND THE GENERAL PRINCIPLES FOR THE WEBSITE OF OUR SUBSIDIARIES AND INTERNATIONAL AFFILIATES AND CONSTITUTES YOUR BINDING OBLIGATIONS TOWARDS DOGEARS ETC.(TM) (HEREINAFTER REFERRED TO AS DOGEARS ETC) ("USER AGREEMENT "). BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEBSITE.

You must read, agree with and accept all of the terms and conditions contained in this document titled "Terms & Conditions" and with Dogears Etc.'s Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Dogears Etc.. We strongly recommend that, as you read these terms and conditions, you also access and read the information contained in the other pages and Websites referred to in this document, as they may contain further terms and conditions that apply to you as a Dogears Etc. user. Please note: Words and phrases marked in red are links to these pages and Websites. By accepting these terms and conditions, you also agree that your use of the Websites of our subsidiaries and international affiliates will be governed by the Terms and Conditions and Privacy Policies posted on those Websites.

1. CHANGES TO THESE TERMS AND CONDITIONS
Dogears Etc. may, at its discretion, change, supplement or amend these Terms and Conditions as they relate to Your future use of the Website from time to time, for any reason, and without any prior notice or liability to You or any other person, by posting the modified Terms and Conditions on the Website. You may not change, supplement, or amend these Terms and Conditions in any manner. This Agreement is effective upon acceptance in registration for new registering users. Each time you use the Website, You acknowledge and signify that You have read, understood, and agreed to be bound by these Terms and Conditions as they then read. In addition, we will notify you in accordance with your Notification Preferences. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

2. THE DOGEARS ETC. CUSTOMER AGREEMENT
These Terms and Conditions supplement the Dogears Etc. Customer Agreement, which applies to registered Dogears Etc. customers. The Dogears Etc. Customer Agreement may be viewed below.

3. PERMISSION TO USE THE WEBSITE
The Website may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the Website must comply with all applicable laws. Persons in jurisdictions may not use the Website where access to or use of the Website or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, You may no longer use the Website. Dogears Etc. may at its discretion refuse permission to access and use the Website.

You may access and browse the Website only using commercially available, SSL-capable Web browser software. You may print or download the pages of the Website for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Dogears Etc.. You may not reproduce, copy, duplicate, sell, or resell any part of the Website or access to the Website.

4. MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under applicable law. 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 cannot register as a member of the Website and cannot sellor purchase any items on the Website. If You wish to purchase or sell an item on the Website, such purchase or sale may be made by Your legal guardian or parents who have registered as users of the Website, provided that such purchase or sale is not in relation to any adult material/mature audience items displayed on the Website, the sale or purchase of which to/by minors is strictly prohibited. Dogears Etc. reserves the right to terminate Your membership and refuse to provide You with access to the Website if Dogears Etc. discovers that You are under the age of 18 years. The Website is not available to persons whose membership has been suspended or terminated by Dogears Etc.. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

The Website is a forum for Sellers, both individual and institutional, and Buyers. Buyers buy Items from Sellers, not from Dogears Etc.. Dogears Etc. only facilitates transactions, and does not enter into any sale or purchase contract in its own name on behalf of Buyers or Sellers. Dogears Etc is not involved in transactions between Buyers and Sellers. Only Buyers and Sellers (not Dogears Etc.) are responsible for all transactions through the Website and the terms and conditions of all transactions.

The Website allows registered Dogears Etc. Buyers ("Buyers") to purchase and Sellers ("Sellers") to sell brand new, used, rare and out-of-print books (including journals, catalogues, almanacs and printed matter in any form), and other items such as maps, sheet music, manuscripts and memorabilia in printed form. Through the website, Dogears Etc. will also engage in promoting and selling books by new authors, publishing, printing, reprinting, adaptation of books, translation, buying and selling of new books, maintaining libraries and catalogues of books and authors, periodicals, journals and any other literary work in any form, whether electronic, print or any other media or form recognized by law (collectively, "Items") from booksellers and individuals located all across India ("Sellers") acting on their own behalf.

The Seller must list a book for sale, specifying precisely the amount that the Seller expects for the book and the exact condition of the book must be described. The Buyer will search for a book and select a book that the Buyer wants to purchase. A decision to purchase implies acknowledgment of book conditions and agreement with the price quoted by the Seller.

5. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If You use the Website, You are responsible for maintaining the confidentiality of Your account and Password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under your account or Password. You agree to:

  1. Provide true, accurate, current and complete information about Yourself as prompted by Dogears Etc.'s registration form (such information being the "Registration Data")
  2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete or Dogears Etc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Dogears Etc. has the right to indefinitely suspend or terminate Your membership and refuse to provide You with access to the Website.
  3. By using the Web site, you confirm that You have read, understood, and agreed to be bound by the User Agreement.

6. NO ADVICE
The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.

7. ELECTRONIC COMMUNICATIONS
When You visit the Website or send emails to Dogears Etc., you are communicating with Dogears Etc. electronically. You consent to receive communications from Dogears Etc. electronically. Dogears Etc. will communicate with You by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Dogears Etc. provides to You electronically satisfy any legal requirement that such communications be in writing. Communications sent to Dogears Etc. by means of the Website or email are not considered delivered or effective unless and until they are actually received and processed by a Dogears Etc. responsible representative.

8. USE OF WEBSITE
Dogears Etc. permits the sale and dispatch of only those Items listed on the Website which the Buyer has agreed to buy according to the description of the Item as posted by the Seller. The Item should not differ in form or quantity or type.

You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:

  1. "Your Information" is defined as any information you provide to us or other users of the Site ("Users") in the registration, buying, selling or listing process, in the feedback area or through any e-mail feature.
  2. Your Information (or any items listed):
    1. Shall not be false, inaccurate or misleading;
    2. Shall not be fraudulent or involve the sale of counterfeit or stolen items;
    3. Shall not infringe on any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
    4. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
     Without prejudice to the generality of the above, Dogears Etc. does not permit transactions in the following items:
    1. "Securities" within the meaning of the Securities Contract Regulation Act, 1956, including shares, bonds, debentures, etc. and/or any other financial instruments/assets of any description.
    2. Religious items, including books, artifacts, etc. of any description or any other such item which is likely to affect the religious sentiments of any person.
    3. "Antiquities" and "Art Treasures" in violation of the provisions of the Antiquities and Art Treasures Act, 1972 ("the Act").
    4. Shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
    5. Shall not be obscene or contain pornography or contain an "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    6. Shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    7. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972).
    8. Weapons of any description or any item that causes or may lead to bodily injury and/or loss of human life.
    9. Liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description, medicines, palliative/curative substances.
    10. Used/unused cellular phone SIM Cards.
    11. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
    12. Shall not link directly or indirectly to or include descriptions of items, goods or services that:
      1. are prohibited under the Terms and Conditions and the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860 ;
      2. are identical to other items you have up for auction but are priced lower than your item's price, the reserve price of the item or minimum bid amount;
      3. are concurrently listed for sale on a web site other than the Website; or
      4. you do not have a right to link to or include
  3. Solely to enable Dogears Etc. to use the information You supply Dogears Etc. with, so that Dogears Etc. is not violating any rights You might have in Your Information, You agree to grant Dogears Etc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) You have in Your Information, in any media now known or not currently known, with respect to Your Information. Dogears Etc. will only use Your Information in accordance with the Terms and Conditions, User Agreement and Dogears Privacy Policy
  4. You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that You wish to offer for sale on the Website. You declare that You have complete right, title and authority to deal in and offer for sale such items, goods or products.
  5. In the event that any transaction or attempted transaction relating to any item, good or service which is in violation of the Terms and Conditions or applicable law comes to Your knowledge, You shall take all steps to inform Dogears Etc. of the same.
  6. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website any such detection would make You liable towards Dogears Etc. and You shall also be liable to pay such damages as may be computed by Dogears Etc..
  7. You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of the services of Dogears Etc. and Your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular You shall ensure that if any of Your items listed on the Site qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), You shall indicate that such Artwork is "non-exportable" and shall ensure that it is not delivered to any User/Buyer at any place outside India.
  8. From time to time, You shall be responsible for providing information relating to the items proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
  9. You will not disclose Your contact details like Phone number, address, emailing address in the buying or listing process and selling process, or anywhere on the Website including the feedback area, discussion forum or through any e-mail feature to bypass Dogears Etc..
  10. You may find potential adult material/mature audience items being displayed on the website. Such material or items are to be viewed/sold/bought on by adults aged 18 years or older only. If You are not 18 years of age You cannot view/sell/buy on such material/items. If You do not qualify, please do not use the Website. If You choose to view /sell/ buy on mature audience items or items that are restricted to adult use, You are certifying that:
    1. You have the legal right to view / sell/ buy / bid on such items;
    2. You are not offended by the adult content/item
    3. It is Your decision to view / sell/ buy on the adult content/item on the Website; and
    4. Such items/content are being viewed/sold/bought on by Yourself only and You are not allowing underage minors to view / sell/ buy on such items/content from Your computer.
  11. You certify that You will not sell, list or display any mature audience items or items that are restricted to adult use on the Website, without following the procedure prescribed by Dogears Etc. for selling, listing or displaying such items on the Website. You acknowledge that Dogears Etc. will not be responsible for any liability arising from Your default in complying with the provisions of this clause.
  12. The Website is only a medium that facilitates the transaction between the parties. Dogears Etc. is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:
    1. Dogears is not responsible for any non-performance or breach of any contract entered into between Users. Dogears cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Site. Dogears shall not and is not required to mediate or resolve any dispute or disagreement between Users. However Dogears has taken such precautions to avoid unscrupulous users and shall appreciate if such incidents are brought to their notice to enable Dogears to take such steps to avoid repetition of the incidents.
    2. Dogears does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or purchased on the Site. In particular, Dogears Etc. does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Dogears Etc. accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    3. Dogears Etc. does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
    4. The Website is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Dogears Etc. is only providing a platform for such communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and Purchaser. At no time shall any right, title or interest over the items vest with Dogears Etc. nor shall Dogears Etc. have any obligations or liabilities in respect of such contract. Dogears Etc. is not responsible for unsatisfactory or delayed performance of services or damages to items or delays in delivering the same.
    5. You shall agree upon the manner and terms and conditions of delivery, payment, insurance etc. with Dogears Etc. and such payments shall be made to Dogears Etc. who shall in turn make the payment to seller by deducting facilitation charges of upto 40% (depending on the format of the book and the mode of shipping chosen by the buyer) and such other miscellaneous expenses as agreed upon.
    6. You release and indemnify Dogears Etc. and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Dogears Etc. cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. Please note that there are also risks of dealing with underage persons or people acting under false pretence.

9. SELLING
As a registered member, You may list item(s) for sale on the Website. You must be legally able to sell the item(s) You list for sale on Dogears Etc.. You must ensure that the listed items do not infringe upon the intellectual property, trade secrets or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category and sub-category on the Website. Soliciting business offline or outside of the Website, by indicating your contact details (e.g. contact phone number, address or e-mail ID) in the item listing or elsewhere on the Website other than in the Registration data is expressly prohibited and would be considered as a breach of the Terms and Conditions. All listed items must be kept in stock for successful fulfilment of sales. 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, and the Buyer refuses to accept because of such non-conformance, the item will be returned to the Seller after payment of all costs borne for postage or transportation and of the facilitation fee charged by Dogears Etc. You agree not to list a single product in multiple quantities across various categories on the site. Dogears Etc. reserves the right to delete such multiple listings of the same product listed by you in various categories.

Additionally, in the case of Institutional Sellers or Individual Retailers, the sale of backlists and/or old inventories is permitted. In such a case, these books may be listed only after (3) months following the date of publication.Further, Dogears Etc. does not assume any responsibility and cannot be held liable for the violation of or adherence to any contractual obligations such Sellers may have with their respective publishers and/or distributors.

Without limiting any other remedies, Dogears Etc. may suspend or terminate your account if You are found to have engaged in fraudulent activity in connection with the use of the Site.

10. BUYING 
All purchases on the Website are a firm commitment to purchase. If You are the Buyer of any item and the Seller accepts Your purchase, you are obliged to complete the transaction with the Seller. An action to purchase may be increased in price or volume later but may not be withdrawn. Purchases cannot be cancelled. By purchasing an item You agree to do so after considering the conditions of the item as specified in its description and you also agree to the conditions governing sale as incorporated in these Terms and Conditions. Dogears Etc. strongly advises You not to test the site with false purchases, as it will put You at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit Card to make purchases. Willfully entering erroneous or fictitious purchases may result in prosecution by Dogears Etc.. Please be aware that even if You do not give Dogears Etc. your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You.

If the Seller is found guilty of defrauding the Buyer, for which Dogears Etc. may reimburse the Buyer at the discretion of Dogears Etc., the Seller will have his/her account on Dogears Etc. blacklisted and/or have his/her membership terminated and Dogears Etc. shall charge the Seller the value of the item and a penalty of 50% of the value of the item. Further Dogears Etc. reserves the right to recover the dues and take strict legal action (including initiating criminal proceedings )against the Seller. As Buyers on the Website we encourage You to post feedback on the Seller after the deal is closed.

Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraud 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.

11. FEES AND SERVICES
Although membership of the site is free and no charges shall be levied for registering and browsing of the site, whenever any sale/purchase is made by You through the site, Dogears Etc. being the facilitator is entitled to receive up to 40% of the maximum retail price as facilitation charges (depending on the format of the book and the mode of shipping chosen by the buyer) excluding the amount of delivery/handling charges payable by the Buyer.

Upon the sale being agreed to, Buyer should pay the purchase price and handling/postage charges by any of the following media a] cheque, b] demand draft, c] credit-card, d] debit card, e] paypal and direct deposit into a bank account of Dogears Etc. either f] online or g] physically. All payments are to be made directly in favour of Dogears Etc. or in the account of Dogears Etc..

Should the User choose to pay by cheque or demand draft, these instruments should be made to Dogears Etc. Pvt. Ltd., Margao, Goa.

In case of non-conformance of item to the description of the same, Buyer shall not be entitled to raise any claims against Dogears Etc. However Buyers are advised to inform Dogears Etc. within 24 hours of occurrence of any such incident to enable Dogears Etc. to take steps to terminate membership of the User/Seller and prevent recurrence of such incidents.

If no intimation is received from the Buyer, Dogears Etc. shall pay the sale amount to the Seller after deducting facilitation charges of up to 30% of the amount at which the item is sold and no further claims of whatsoever nature shall be allowed or entertained.

The said charges are applicable from 01/03/06 and Dogears Etc. reserves the right to change its Fee Charging, handling charging and Credit policies from time to time. In particular, Dogears Etc. 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 Dogears Etc. 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 Charging and Credit policies 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 are responsible for paying all fees associated with the use of the Website and You agree to bear any and all applicable taxes, charges, fees etc. levied thereon. Dogears Etc. reserves the right to issue a warning, temporarily or indefinitely suspend or terminate Your membership and refuse to provide you with access to the Website in case of non-payment of fees by You to Dogears Etc.. Dogears Etc. also reserves the right to take legal action in case of non-payment of fees by You to Dogears Etc..

12. LIMITATION OF LIABILITIES WITHIN AVENUES FOR COMMUNICATION
Dogears Etc. operates a Website that only facilitates transactions between registered Dogears Etc. buyers ("Buyers") and sellers ("Sellers"). Dogears Etc. is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:

  1. Dogears Etc. is not responsible for any non-performance or breach of any contract entered into between Users. Dogears Etc. cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. Dogears Etc. shall not and is not required to mediate or resolve any dispute or disagreement between Users.
  2. Dogears Etc. does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or purchased on the Website. In particular, Dogears Etc. does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Dogears Etc. accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  3. Dogears Etc. does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
  4. The Website is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Dogears Etc. is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Dogears Etc. nor shall Dogears Etc. have any obligations or liabilities in respect of such contract. Dogears Etc. is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items that are out of stock, back ordered or otherwise unavailable. All items are offered subject to availability.
  5. You release and indemnify Dogears Etc. and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Dogears Etc. cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Website. Please note that there are also risks of dealing with underage persons or people acting under false pretence.

13. PAYMENT OPTIONS
Payments for items purchased on the Website can be made through the following methods: i) Cheques, ii) Demand Drafts, drawn in favour of Dogears Etc. Pvt. Ltd. iii) Credit Card, iv) Debit Card, v) Online Bank Transfer, vi) Walk-In Bank Deposit, vii) Paypal.

Should the User choose to pay by cheque or demand draft, these instruments should be made to Dogears Etc. Pvt. Ltd., Margao, Goa.

Should the User opt to pay using Credit Card, Debit Card or Online Bank Transfer or Paypal, the payment will be made through a 3rd Party CCAvenue Payment Gateway System.

By providing an online payment facility on the Website through CCAvenue and Paypal, Dogears Etc. is merely facilitating the making of online payments by Buyers as per their contractual obligations to the Sellers on the website and Dogears Etc. is not involved in the process of buying and selling of items on the Website. All sales and purchases on the Website continue to be bipartite contracts and Dogears Etc. is not responsible for any non-performance or breach of any contract entered into between the buyers and the sellers. Dogears Etc. is merely a platform for communication as set out in the section above and a facilitates the transaction on the Website.

14. PERSONAL INFORMATION PRIVACY
Dogears Etc. collects, uses, and discloses Your personal information in accordance with its Privacy Policy, which may be viewed below. Dogears Etc. may change its Privacy Policy from time to time at its sole discretion. Each time You use the Website, You consent to Dogears Etc. collection, use and disclosure of your personal information in accordance with its Privacy Policy as it then reads without any further notice or any liability to You or any other person.

We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent and we only use Your information as described in the Privacy Policy. We view protection of Users' privacy as a very important corporate principle. We understand clearly that You and Your Information is one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices.

15. BUYER PROTECTION 
Dogears Etc. protects the Buyers from fraud by the Seller by safeguards built into the process of sale of items. Further Buyers are instructed to contact Dogears Etc. by email at contact@ dogearsetc.com, clearly stating the Title of the item, the Amount paid, and the details about the mode of payment if the item is not received within 21 days of realisation of payment to Dogears Etc..

16. FEEDBACK AND REVIEW
Buyers and Sellers are advised to inform Dogears Etc. on completion of each step of the purchase. Further, on completion of the transaction, Buyers and Sellers will be provided an opportunity to rate the transaction. Buyers and Sellers are requested to provide honest and meaningful feedback during this process.

17.WEBSITE CONTENT
Dogears Etc. is not obliged to monitor, screen, police or edit the use of the Website, including postings of materials to the Website, although Dogears Etc. reserves the right to do so at its own discretion. Although Dogears Etc. may from time to time monitor or review discussions, postings, transmissions, bulletin boards, and the like on the Website, Dogears Etc. is under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Dogears Etc. will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. Furthermore, Dogears Etc. reserves the right to remove any posting at any time without notice or cause.

Dogears Etc. will respond, as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Website, including without limitation uses that constitute copyright infringement. You may report any claims or concerns (including copyright infringement claims) regarding Website or their content by sending an email to contact@ dogearsetc.com.

18. LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING, POSTINGS
Links to the Website without the express written permission of Dogears Etc. are strictly prohibited. To request permission to link to the Website, please contact marketing@dogearsetc.com. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method are strictly prohibited.

You may not use any collaborative browsing or display technologies in connection with Your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that other users of the Website may view such postings.

19. UNSOLICITED SUBMISSIONS
If You send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to Dogears Etc. or the Website, You automatically grant (or warrant that the owner of the Submissions grants) to Dogears Etc. and its assigns, a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to You or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Dogears Etc. or its assigns, and You agree, represent and warrant that all moral rights in the Submissions are waived in favour of Dogears Etc. and its assigns.

20. SOFTWARE AGREEMENTS
Dogears Etc. may cause software to be available for You to download from the Websites or through other websites. The software is protected by copyright. These Terms and Conditions and the software licence agreement specific to the software govern Your downloading and use of the software.

21. NO WARRANTY
Dogears Etc. and its suppliers provide the Website and services "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that Your use of the Website is at Your sole risk.

22. INDEMNITY
You agree to keep us indemnified and hold Dogears Etc. and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your breach of the TERMS AND CONDITIONS or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

23. RELATIONSHIP AND NOTICE
None of the provisions of the TERMS AND CONDITIONS shall be deemed to constitute a partnership or agency between you and Dogears Etc. and You shall have no authority to bind Dogears Etc. in any manner whatsoever.

Except as explicitly stated otherwise, any notices shall be given by the email address You provide to Dogears Etc. during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Dogears Etc. may give You notice by certified mail (Registered Letter/Parcel/Mail i.e., return receipt requested) to the address provided to Dogears Etc. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

24. WARRANTY DISCLAIMER AND LIABILITY EXCLUSION AND LIMITATION CLAUSES
In no event shall Dogears Etc. or its suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence). Dogears Etc., its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, currency and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Dogears Etc. assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or
  2. Any interruption or errors in the operation of the Website. You expressly understand and agree that Dogears Etc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Dogears Etc. has been advised of the possibility of such damages).

Since Dogears Etc. is not a party to any transactions through the Websites, Dogears Etc. does not give any representation or warranty regarding any transactions or any of the Items. Dogears Etc. has no control over or liability for the quality or legality of the items advertised, the truth or accuracy of the listings, or the ability of Sellers to sell items.

The Websites are provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by Dogears Etc. to the fullest extent permitted by law.

Regardless of the nature of the claim or the reasons for the loss and damages, Dogears Etc. accepts no responsibility or liability, under any circumstances, to the Buyer, the Seller, or any other party connected to the transaction, for any losses, direct or indirect, or any consequential losses or other economic losses arising out of a legally binding contract entered into by the Seller, the Buyer, and/or any other party, whether the loss arises from negligence, fraud, breach of contract, loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, or otherwise, special loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Websites by You. Dogears Etc. expressly disclaims any liability or responsibility for any damages, loss, or injury arising out of any negotiation, purported negotiation, or contract or purported contract between you, the seller, and the buyer, and/or any other party.

Dogears Etc. does not guarantee the availability of the similar products as are displayed on the Website. Similarily, the products displayed therein are just an invitation to offer and Dogears Etc. reserves the right to allow or not to allow the sale of a particular product or the full range of products.

Although Dogears Etc. may from time to time monitor or review discussions, postings, transmissions, bulletin boards, and the like on the Website, Dogears Etc. is under no obligation to do so. Dogears Etc. is not responsible or liable for any claim arising from the content of any such locations nor for any error, defamation, liable, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. Furthermore, we reserve the right to remove any posting at any time without notice or cause.

In no event will Dogears Etc' total liability to You or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Dogears Etc or any person for whom Dogears Etc is responsible, exceed the lesser of Rs.25/- or the purchase price of the Item that is the subject of the claim.

The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.

25. BREACH
Without limiting other remedies, Dogears Etc. may limit Y&our activity, immediately remove or end Your listing, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate Your membership, and/or refuse to provide You with access to the Website:

  1. If You breach the Terms and Conditions or the documents it incorporates by reference;
  2. If Dogears Etc. is unable to verify or authenticate any information You provide; or
  3. If it is believed that Your actions may cause legal liability for You, other Users or Dogears Etc..

Dogears Etc. may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Dogears Etc. or use the Website in any manner whatsoever until such time that such User is reinstated by Dogears Etc.. Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, Dogears Etc. reserves the right to recover any amounts due and owing by you to Dogears Etc. and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.

26. ARBITRATION
If any dispute arises between You and Dogears Etc. during Your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Dogears Etc.. The place of arbitration shall be Goa, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

27. GOVERNING LAW
The User Agreement shall be governed and construed in accordance with the laws of India and courts in Goa, India shall have the exclusive jurisdiction for any claims and/or proceedings against Dogears Etc..

Wherever the context or the meaning requires the terms "You" shall mean and include "I" and the "registered user"

If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties.

You expressly request and require that these Terms and Conditions be drawn up in the English language.

Any rights not expressly granted in these Terms and Conditions are reserved to Dogears Etc.

These Terms and Conditions are subject to change without notice.

Dogears Etc
Copyright © 2006 Dogears Etc. All Rights Reserved.