Pagician / Explocity EULA Terms & Conditions
Explocity Private Limited and Pagician invite you to a rich media experience.
 
  Usage and access to any or all of Pagician.com web site and other Explocity Private Limited (EPL) products and services are subject to the following Terms of Service  
 
You must read these Terms and Conditions carefully and completely.
Buying, registering, or subscribing any of Pagician’s or EPL’s products or services is an indication of your total acceptance of and compliance with the Terms and Conditions and you are therefore entering into an Agreement with Pagician, Explocity Private Limited and all their associated websites and companies.
Our Acceptance of your our request for or any product or service is contingent on your total acceptance of our terms and conditions.
If you do not accept and agree in total to Pagician and Explocity Digital’s terms, you are advised to stop using the product or service immediately. If you do not agree to these Terms, discontinue use of the Pagician or EPL’s products and services.
 
  These are the Terms & Conditions of Sale apply to all transactions for the purchase or subscription and registration for Pagician and EPL products and services ("Products and Services") from Explocity Pvt Limited ("EPL") through its web site www.pagician.com, www.explocity.com and any associated web page (the "Site"). These conditions should also be read in conjunction with EPL's Terms and Conditions of use, Terms, Disclaimer and Privacy Policy.  
  These terms represent the complete Agreement between Pagician or EPL and you covering the sale of Products and Services from this Site. Pagician and EPL do not offer or agree to any conditions, warranties, guarantees or representations relating to the quality, description or performance characteristics of the Products and Services other than those set out in these terms, except for terms implied by applicable law & statutes. All Orders are subject to acceptance by Pagician, EPL and your submission of the completed filled Order form or equivalent on this Site will constitute an offer to you to purchase or register for Products and Services (the "Order").  
  This agreement is governed by the courts of Bangalore, India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Bangalore, India in all disputes arising out of or relating to the use of the Explocity.com Sites/Services.  
 
Products & Services
www.pagician.com is a division of Explocity Private Limited. This includes all the media properties of EPL, including but not limited to digital content on the website www.pagician.com, www.explocity.com, content delivered on mobile phones and landlines, email services for content delivery, and other content and applications delivered across any media.
These services are created and maintained by Explocity Private Limited and its associated companies and websites.
Pagician and EPL reserve the right to add to, stop or change the nature, presentation, frequency and technology of the products and services offered, at its sole discretion.
You agree that Pagician and EPL will not be liable to anyone for these changes. Your use or access of the services signifies your acceptance of these changes as they occur.
 
  Digital Magazines  
  Pagician Digital Magazines are offered over the internet for viewing on computer monitors and other static and mobile media displays or other audio-visual interfaces and are the property of Explocity Private Limited.  
  Digital representation of various magazines, books, periodicals, tabloids, flyers, corporate brochures, promotional and advertising content, either in part or as a whole, is made available to you by at least one of the following mechanisms or modes:  
 
Subscriptions
Registration
Free
Complimentary editions
Printed versions
 
  Conditions and limitations to Access or licensed use of the software developed by Pagician and Explocity are governed by this Agreement and the following terms:  
 
Accuracy of user information you provide
All particulars given by you that may include and not be limited to, your full details of Name, Address, Email, Telephone Number, Name of company, designation, other personal information, need to be accurate.
If there is a change in any of part of the information you have given, you need to update your profile on Pagician or EPL’s website.
Any password or access code given to you by Pagician or EPL is confidential information and intended for use by only you. It is your sole responsibility to ensure that this information and access is not misused or lost.
Pagician and EPL reserve the right to terminate the services to you if you are found to be in violation of any of our terms and conditions or using the services or products or access in an unlawful or offensive manner
 
 
Applicable law
Pagician and EPL’s products and services may be offered over the internet to users from any geographical location. It is the sole and entire responsibility of each user to ensure compliance with local laws, legislations, and politically acceptable norms and ethics.
While using Pagician and EPL’s products and services, you are agreeing not violate any applicable laws of India and the location from which you may access, relating to the Digital Magazines or media in general and any relevant applicable laws
 
 
Copyright and IP
All contents of Pagician and EPL’s products and services are the property of EPL or its clients and business partners. The copyrights for these are owned by the contributing, generating and publishing parties respectively.
You agree to respect and recognise the copyright assertion and agree to abide by the international related to copyright.
By subscribing or registering to view or download the content, you do not have any ownership of the same except as explicitly stated in the terms of agreement with Pagician or EPL or their associated companies and partners.
Intellectual property of Explocity or its partners, contributors and partners and clients, will belong to the parties respectively.
This agreement does not grant or imply to grant you any right or ownership or license to the same.
None of the content of Pagician or EPL’s digital products or services may be modified and or onward transmitted, with or without modifications, in part or in totality to a third party for commercial or strategic purposes.
You cannot reproduce, modify, add or delete or onward transmit any part of Pagician or EPL’s content, products or services, without explicit permission for the same. This permission has to be sought individually and explicitly for each case of occurrence
Except as stated in these terms, unless specified explicitly and separately, you are being granted only access to Pagician or EPL’s and their partners/clients/suppliers products and services. This permission does not award you any rights of ownership or license.
 
 
Magazines or Content Hosted by Pagician or EPL or their associated websites and partners
Where content is not generated by Pagician or EPL, you accept that Pagician or EPL have no editorial control over the same.
Pagician and EPL will not make any claims for accuracy and usability and applicability for such content.
Opinions, views and recommendations made through this content belong to the parties who own the same. Pagician and EPL are not liable for loss or damage either directly or indirectly arising from the use, access or dependence on third party content provided through Pagician or EPL’s products or services.
 
 
Links
Content offered through Pagician or EPL’s products and services may include links to other internet sites and web pages. These form part of the information provided to you to enable ease of access to relevant information.
The terms and conditions for the information and content that are accessed at these links will be as per the terms of those websites and pages.
Pagician and EPL are not responsible or liable for the availability or accuracy of the contents at these sites.
 
 
Prices Taxes & Duties
Pagician and EPL's current selling price on the date of receipt by EPL of the Order, less any applicable discounts in effect at that time will be the price to be paid by you.
Pagician and EPL reserve the right to change their prices from time to time without prior notice to you.
All prices in this website include applicable taxes.
With respect to applicable taxes if not included in the prices mentioned online and / or if subject to revision, Pagician or EPL will advise you subsequently of the exact amount of tax due on your purchase.
You are responsible for paying the entire amount due on your purchase irrespective of the time taken to deliver the product, including any applicable taxes, shipping and other charges assessed by Pagician or EPL after you have clicked on “Confirm Order” button.
 
 
Order Delivery & Cancellation
You must complete all information requested on the Order form before the Order is processed by Pagician and EPL.
You must ensure that all Orders placed by you under this Agreement must be through the forms provided on this Site and must specify the information requested
Pagician or EPL will confirm by e-mail (at the ID given by you in the completed order form) acceptance or otherwise the receipt of a confirmed order from you. However, Pagician or EPL are not responsible for delivery of the e-mail.
 
 
Delivery
You must ensure that all the details are filled in correctly before confirming the order. Delivery will be made to the e-mail address mentioned in the order form.
In case of any changes to be made in the delivery address, please intimate the same to us at pagician@explocity.com
Delivery outside Bangalore, India
Pagician and EPL will accept Orders or deliver to addresses outside Bangalore and also outside India (valid for print products only) subject to your agreeing to the Terms & Conditions mentioned on the website.
You are solely responsible for compliance with all local laws.
You agree that you will not use the Pagician, EPL or any Publications or other content accessed through EPL in any country or in any manner prohibited by the laws of the land or other applicable laws, restrictions or regulations.
 
 
Fulfilment
Pagician and EPL assert that, from time to time, in event of Pagician or EPL being subject to any reasonable production, delivery or other unforeseen delays, Pagician or EPL may alter the schedule & priority for despatch of the product(s) and service(s) ordered by you at its sole discretion.
In case your order has not been delivered within a reasonable time, you should contact Pagician or EPL at: pagician@explocity.com
 
 
Payment
Payment for Products and Services purchased from Pagician or EPL has to be made by credit cards via the secure payment gateway.
Pagician and EPL reserve the right to cancel delivery if your credit card provider or the payment gateway rejects a payment when due.
 
 
Order Canceling & Refunds
Pagician and EPL will endeavour to accommodate your request to cancel an Order on priority basis favourably.
However, please note that if you have ordered for single issue, then refund requests will be entertained only if you are unable to download the issue ordered for.
You must contact Pagician or EPL Customer Service immediately by e-mail to pagician@explocity.com
 
 
Damages
It is your responsibility to ensure that you have proper functioning connectivity to the Internet to access Pagician and EPL’s products and services. Pagician and EPL are not responsible for the same.
It is your sole responsibility to enable accessing the content offered by Pagician or EPL, if your computer system is behind a firewall, or has software that prevents such access.
You accept that only you are responsible for the damages that may occur to your personal computer or loss/corruption of data consequent your use or download of Pagician or EPL’s product or services.
 
 
Amendment of Terms & Conditions
Pagician or EPL may revise these terms and conditions from time to time. You should therefore periodically visit this page to familiarise yourself with any such revisions.
The terms and conditions, deemed to have been accepted when communicating your request, are as under:
These terms and conditions are to be read together with the Disclaimer and Privacy Policy of Pagician.com and Explocity.com
The acknowledgement received from our logistic partners including logs of internet servers of pages requested amount to acceptance of the products and Services sent, and will be proof of receipt of the product / services requested by you.
The address and email ID at which delivery of the products and services requested by you are to be made should be valid and active and proper in all respects.
 
 
Privacy Policy
Pagician and EPL collect and interpret information routinely on various aspects of usage statistics for its products and services. This is standard industry practice. We are now listing these for your information.
By using our products and services you are agreeing to and accepting of all the processes that Pagician and EPL may employ in collecting and using such information.
These methods of collection of your data from your registration/subscription to or purchase of and usage of Pagician and EPL products and services are part of routine business practice, and apply to activity of users as registered on our servers and systems
We are not responsible for data collected on you before you enter our website or after you leave it.
The address and email ID at which delivery of the products and services requested by you are to be made should be valid and active and proper in all respects.
 
  The following is a non-comprehensive list of information that we will record, consequent to your registry, subscription or purchase of Pagician or EPL products or services. This information may be collected through direct or indirect means  
 
All information on registration form
All Information on Subscription form
All responses to surveys, promotions and interactive elements
Viewing/usage pattern of any online property
All information provided by you in conducting any monetary transaction, including but not limited to credit card information, selection of goods/services, type of service, billing and shipping addresses, age, sex, and any other personal information that is entered in any form
Particulars of your computer and software versions installed
 
 
Other information collected through interaction with products and services
In the effort to ensure optimum user experience, by personalisation of the viewing experience and content delivered, Pagician and EPL reserve the right to install cookies on your computer system.
The presence and activity of these is used variously to identify specifics of your usage, and your access method and online behaviour pattern.
We may also choose to use these methods to audit and censor content you upload, and your authentication.
Some of these methods may require your concurrence in permitting the presence of these cookies.
 
 
Use of Information Collected.
Pagician and EPL intend to use the information collected from your usage or purchase of its products and services in the following manner. This list is only indicative, and is not comprehensive. Pagician and EPL reserve the right to make additions or modifications to the type of nature of use of information collected from you.
Internal MIS and aggregation of user data and trends
Targeted communication and promotions either for own use or on behalf of a trusted business partner
MIS may be shared with Clients and businesses partners
 
 
Sharing of Personal Information with EPL Clients and Business Partners:
Pagician and EPL will be offering its products and service to a variety of clients and business partners for the ideation, creation, design, publishing and online, cell/PDA phone based and offline (printed) distribution of media properties, including but not limited to books, magazines and newspapers and periodicals, corporate brochures, various promotional or information based material.
Your personal data collected by us, from your registration, subscription or purchase of products and services from Pagician and EPL, may be shared with these other business associates and partners of Pagician and EPL as dictated by commercial reasons.
In the course of such activity we will necessarily share details of data collected from you to achieve these business ends and objectives, and thus allowing them to deliver their products and services to you and others in a more effective and focussed manner.
 
 
Indicative list of entities with which Pagician and EPL may share your information
Third party associates for technology, payment collections, billing, logistics, emailing and delivery.
Any government or statutory/regulatory body for our compliance with legal norms, as applicable or requested from time to time, or to clarify/address issues regarding your compliance with our requirements for services or products you receive from Pagician and EPL, in their respective interests
You accept that in the event that Pagician or EPL’s ownership changes in structure qualitatively, through alliance, merger, acquisition, or liquidation, the rights of Pagician or EPL with respect to your personal information will pass on to the new controlling entity or lapse as the case may be.
Pagician or EPL may choose to share your information with other associates or business partners on an opt-in basis. This process will allow you to opt-out or unsubscribe from the same.
Pagician and EPL reserve the right to use the interpolated and raw usage/traffic/purchase information without revealing individual identities in any manner it sees fit to serve its business needs. You acknowledge and accept this
 
 
Forms of electronic communication that Pagician and EPL may employ with you
Pagician and EPL may directly communicate to you at the contact details provided by you, in email, voice (manual and automated-machine generated) communication, surveys, SMS, WAP push and direct mailers under a variety of circumstances it considers in it own opinion to be necessary to it business, or to improve your user experience.
These include but are not limited to acknowledgements of your communications, actions, or transactions on our website, replies to your queries, clarifications sought on your input data or queries, messages related to either completion or acknowledgement of commercial transactions, after-sales service, CRM, surveys, promotions of Pagician and EPL products and services, updates on any Pagician or EPL offering, changes in any relevant information required from you or regarding EPL, reminders or relevant and related necessary information for any present, past or future product or service from Pagician and EPL. In some instances, as mentioned above, you will have the ability to opt-out, add delete and modify either your personal preferences or personal profile, from and to these communications.
In some instances you may receive communications of this nature from third party business associates of Pagician or EPL.
All communication from you related to matters concerning Pagician or EPL’s products and services that you have either subscribed or paid for need to be sent to pagician@explocity.com
We will make all reasonable effort to answer your queries and initiate appropriate action within the shortest time frame.
 
  Data Protection  
  Pagician and EPL use standard industry technological norms for the security of data it collects and stores. This includes bit is not limited to security and encryption methods for the credit card transactions and password protection of personal data collected.  
 
Minimum Age & Minors
Pagician and EPL do not offer its services products and content for view or access by persons under the age of 18, unless the content is specifically meant for that age group.
 
 
Our Contact Coordinates:
For any further information or questions, please contact us at Pagician@explocity.com or at the address below
Explocity Private Limited, First Floor Scorpio House, 132 Wheeler Road, Cox Town, Bangalore 560005, Karnataka, India
 
  Limitation of Liability  
  IN NO EVENT WILL PAGICIAN, EXPLOCITY PRIVATE LIMITED OR ITS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES AS PER APPLICABLE LAW  
  Indemnification  
  You agree to indemnify and hold harmless Pagician, Explocity Private Limited, its employees, directors, consultants, agents, suppliers, clients and business associates, technology and service providers, vendors and their employees, directors, licensors, suppliers to the Service and their employees, directors, consultants, agents, clients and business associates, technology and service providers, from and against all claims, losses, expenses, damages and costs, including reasonable attorney's fees, arising out of your use or inability to use of the Pagician’s or EPL’s products and services and resulting from any deviation from your accepted adherence to these Terms or caused by any wrongful action by you, or wrongful action performed on your behalf while accessing or using Pagician’s and EPL’s products and services as authorised by EPL.  
 
Content/Usage Tracking and Audit
Pagician and Explocity reserve the right to audit, censor and delete portions of user generated content which they in their sole judgement feel are in contravention to existing and applicable laws and legislation.
Pagician and Explocity will exercise their sole judgment on removal of material and content that is objectionable, offensive or in violation of the terms of the agreements with users and business associates.
 
 
Duration of Service
In the event that Pagician or EPL believe that you are in violation of the terms of service agreed to, or in contravention of accepted norms of user behaviour, Pagician and EPL reserve the right to discontinue the service, subscription or membership without any liability or prior notice.
You can discontinue or opt-out of the services offered by explocity and subscribed to by you at any point of time, without assigning a reason. Pagician’s and EPL’s decision in these matters will be final and binding and all related information and/or bar any further access to the Service.
Some or all of these Sections related to intellectual property, limited liabilities, warranties, indemnification and such, shall survive termination of this Agreement.
 
 
Entire Agreement, Others
This agreement and the Terms and conditions contained herewith, and any other referred document, form the complete agreement you have with Pagician and EPL and supersede any and all types of agreements you may have entered into with Pagician or EPL or its associates prior to this.
This applies to all products and services offered by Pagician ad EPL or their partners and associated websites, for These Terms shall be governed by the laws of the State of Karnataka India.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
 
 
Disclaimer
Pagician and EPL, www.pagician.com, www.explocity.com its associated websites and partners make no representations or of any kind, express or implied, as to the operation of the site, the information, or content, included on these sites.
Pagician and EPL, www.pagician.com, www.explocity.com their associated websites and partners make no guarantee of availability of product or service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the product / services. A third party cannot evaluate the benefits of some of the services.
To the full extent permissible by applicable law, Pagician and EPL, www.pagician.com, www.explocity.com their associated websites and partners disclaim all warranties, express or implied.
Pagician and EPL, their associated websites and partners will not be liable for any damages of any kind arising from the use or inability to use any part of this site or any of the services offered, including but not limited to direct, indirect, incidental, punitive and consequential damages.
Pagician and EPL, their associated websites and partners are not responsible if you are not satisfied about the benefits of our product / services.
By confirming an order or sending us a mail, you signify your agreement to these Terms and Conditions and you will not have any claim for refund of your monies/ payments that you send to www.pagician.com, www.explocity.com or their associated websites and companies
You agree that Pagician and EPL, their associated websites and partners despite their best efforts may not be able to deliver merchandise as indicated on the website.
You agree that Pagician and EPL, their associated websites and partners have no responsibility or liability for the delayed delivery of the product / service.
You acknowledge that Pagician and EPL, their associated websites and partners reserve the right to deliver your order at any time.
Pagician and EPL, their associated websites and partners MAKE NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
 
  It is your sole responsibility to ensure that you have proper functioning connectivity to the Internet to access Pagician’s and EPL’s products and services. Pagician and EPL are not responsible for the same.  
  You accept that only you are responsible for the damages that may occur to your personal computer or loss/corruption of data consequent your use or download of Pagician’s or EPL’s product or services.  
 
I have read, understood and accepted the Terms and Conditions put forth by Pagician and Explocity Private Limited in Privacy Policy, Disclaimer, About Explocity and other places on the site as they appear from time to time.
I accept these terms in totality.