Terms & ConditionsTerms & Conditions

We welcome you to Woodpecker Books, a service provided by Wilco International LLP. This website is owned and operated by Wilco International LLP. By using our website, you are deemed to have accepted the Terms and Conditions detailed below or as may be revised from time to time, and you understand and agree that you are bound by such terms till the time you access the website. If you have questions about these terms & conditions or have any comments or complaints about our website, you can write to us at info@woodpeckerbookspublishing.com We will make all attempts to respond to you within two to three working days. We reserve the right to change these terms & conditions from time to time without any obligation to inform you, and it is your responsibility to review them regularly.

Ownership of Rights

All rights, including copyright, of this website are owned by or licensed to Woodpecker Books. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the written permission of Woodpecker Books. You may not modify, distribute or re-post anything on this website for any purpose.

Accuracy of Content and Invitation to Offer

Woodpecker Books has taken every care in the preparation of the content of this website to ensure that prices quoted are correct at the time of publishing and all books have been fairly described. However, the weights, dimensions, and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of the books that appear on the website. However, as the actual colours you see depend on your monitor, we cannot guarantee that your monitor will accurately reflect the colour of the book you receive on delivery. To the extent permitted by applicable law, Woodpecker Books disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Woodpecker Books shall not be liable to any person for any loss or damage that may arise from the use of any information contained in any of the materials on this website. All books/services and information displayed on the website constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the terms and conditions as listed herein. Woodpecker Books reserves the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the books ordered. Dispatch of all the books ordered may or may not happen at the same time. In such a case, that portion of the order which has been dispatched will be deemed to have been accepted by Woodpecker Books, and the balance would continue to be an offer to Woodpecker Books, and Woodpecker Books reserves the right to accept or reject such balance order. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.

Eligibility to Use

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, as amended from time to time, including its reenactment thereof, and undischarged insolvent, are not eligible to use the website. If your age is below 18 years, you are prohibited from using/purchasing/contracting from/with this website. Woodpecker Books reserves the right to terminate your membership and refuse to provide you with access to the website if Woodpecker Books 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 Woodpecker Books for any reason. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Woodpecker Books makes no representation that any book or services referred to in the materials on this website are appropriate for use or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Woodpecker Books will deliver books only within India and will not be liable for any claims relating to any book ordered from outside India.

Account and Registration Obligations

Your Information is defined as any information you provide to us in the registration, buying, or listing process, in the feedback area, or through any e-mail or a written letter or form mailed or submitted to any of our stores and offices. We will safeguard your information in accordance with our Privacy Policy. If you use the website, you are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Woodpecker Books shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you suspect that someone else knows your password or suspect any unauthorised use of your password, you should notify us immediately. Woodpecker Books may require you to change your password or may suspend your account if it suspects any breach of security or misuse of the website.

Usage Restrictions

  • You shall not use the website for any of the following purposes:
  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability, or otherwise breaches any relevant laws, regulations, or code of practice.
  • Gaining unauthorised access to other computer systems.
  • Interfering with any other person's use or enjoyment of the website.
  • Breaching any applicable laws.
  • Interfering or disrupting networks or websites connected to the website.
  • Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.

 Quantity Restrictions

Woodpecker Books reserves the right, at its sole discretion, to limit the quantity of books purchased per person, per household, or per order. These restrictions may apply to orders placed by the same account, the same credit/debit card, and orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Woodpecker Books also reserves the right, at its sole discretion, to prohibit sales to any individual as it may deem fit.

Pricing Information

Woodpecker Books ensures to provide accurate book and pricing information; however, pricing or typographical errors may occur. We cannot confirm the price of a book until after you order. In the event that a book is listed at an incorrect price or with incorrect information due to an error in pricing or book information, Woodpecker Books shall have the right, at our sole discretion, to refuse or cancel any orders placed for that book unless the book has already been dispatched. If a book is mispriced, Woodpecker Books may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the book ordered by you has been dispatched, your offer will not be deemed accepted, and Woodpecker Books will have the right to modify the price of the book and contact you for further instructions or cancel the order and notify you of such cancellation.

Cancellation by Woodpecker Books

Cancellation by Woodpecker Books Please note that there may be certain orders that we are unable to accept and must be cancelled. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in book or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will inform 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 bank/credit/debit card/UPI/PAYTM/Wallet has been charged, the said amount will be refunded/credited back in your Account, in the same means as the payment has been made. We will seek authorization on your Card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfil, and any associated shipping charges/taxes and levies, etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured/charged. If, however, the same is charged to your card/bank account in error, we will refund it as soon as the same is realised by us or brought to our notice, whichever is sooner. Woodpecker Books reserves the right to capture/charge your card to the full or partial authorised amount for the concerned order. Woodpecker Books has a right to cancel orders in cases where there is a malfunction/corruption of the software & system, and in such cases, the amount received from your side will be refunded in full.

Returns/Exchange through Courier Collection

Please note that books once sold and delivered are not returnable. However, we will exchange a title received in a damaged condition with a fresh copy against the original packing/receipt of the order. We will arrange for the pickup through our courier once we receive such advice, at our cost.

Financial Details - Submitted for the Online Transactions

You agree, understand and confirm that the credit/debit card details or other financial details provided by you for availing of services on Woodpecker Books (Woodpecker Books) will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned/obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not stored by Woodpecker Books. Woodpecker Books will not be liable for any credit/debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy. 

Fraudulent /Declined Transactions

Woodpecker Books and its associated acquiring bank or financial institutions reserve the right to recover the cost of books, collection charges and lawyers’ fees from persons using the Website fraudulently. Woodpecker Books and its associate acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions. 

Electronic Communications

When you visit Woodpecker Books or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Colours

You may please note that we have made every effort to display the colours of the books that appear on the Website as accurately as possible. However, the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. 

Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Woodpecker Books on or by this website or otherwise disclosed, submitted, or offered in connection with your use of this website (collectively, the “Comments”) shall be and remain the property of Woodpecker Books. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Woodpecker Books of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Woodpecker Books is entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display, and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.

Copyright & Trademark

Woodpecker Books and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, books, processes, technology, content, and other materials which appear on this website. All rights, including copyright, on this website, are owned by or licensed to Woodpecker Books. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of Woodpecker Books. The names and logos and all related book and service names, design marks, and slogans are the trademarks or service marks of Woodpecker Books. All other marks are the property of their respective companies. No trademark or service mark licence is granted in connection with the materials contained on this website. Access to this website does not authorise anyone to use any name, logo, or mark in any manner. Any unauthorised use of the content of this website will violate the copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes

Objectionable Material

You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, Woodpecker Books and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you. 

 Indemnity

You agree to defend, indemnify and hold harmless Woodpecker Books , its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Woodpecker Books  or any third party, including but not limited to breach of any warranties, representations, or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations, including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or Woodpecker Books. You may terminate this User Agreement at any time, provided that you discontinue any further use of this website. Woodpecker Books may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website, such termination will be without any liability to Woodpecker Books. Upon any termination of the User Agreement by either you or Woodpecker Books, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Woodpecker Books ’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the book(s) already ordered from the website or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers

The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. 
The Website provides content from other Internet websites or resources and while Woodpecker Books (Woodpecker Books) tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Woodpecker Books will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. 
This disclaimer does not apply to any book warranty offered by the manufacturer of the book as specified in the book specifications. This disclaimer constitutes an essential part of this User Agreement. 
 

To the fullest extent permitted under applicable law, Woodpecker Books or its group/ affiliates companies or its suppliers shall not be liable for any 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 User Agreement. 

Without prejudice to the generality of the section above, the total liability of Woodpecker Books to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the book ordered by you. 
Woodpecker Books, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness 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, Woodpecker Books assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website. 

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

Accessing data not intended for you or logging onto a server or an account which you are not authorised to access;

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'

Sending unsolicited email, including promotions and/or advertising of book or services; or

Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. Woodpecker Books (Woodpecker Books) will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Woodpecker Books on this Website and other than generally available third-party web browsers (e.g., Firefox, Microsoft Internet Explorer, Google Chrome, Safari, etc.). 

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law at the time including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and  (Woodpecker Books) with respect to the usage of Woodpecker Books website/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Woodpecker Books with respect to the usage of Woodpecker Books website/services. The failure of Woodpecker Books to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.