This Agreement was last revised on November 11, 2017.
Welcome to Goldsmithsds.com, the website and online service of Goldsmith Skill Development School.
Welcome to the Goldsmithsds Shop, the online digital content store of the Goldsmith books (the “Goldsmith SDS Shop”). The Goldsmithsds Shop is owned by Goldsmith Skill Development School (referred to as “we”, “us” or “our” as appropriate), a company established in India. The Goldsmithsds Shop is currently available through the websites at https://goldsmithsds.com/books/
We may also make the Goldsmithsds Shop or other versions of it available through further digital channels or devices.
2. About the Goldsmithsds Shop
Users can visit the Goldsmithsds Shop to purchase a variety of eBooks, authored by Vasantharaj
3. Access to the Goldsmithsds Shop
A. You will need an internet connection and a browser to access the pages on the Goldsmithsds Shop and to use the features we provide.
B. If you wish to place an order for an eBook, from the Goldsmithsds Shop, you must either (a) visit goldsmithsds.com and create a Account (in which case you may be referred to in these Terms as a “Registered User”); or (b) use our guest checkout functionality.
4. Buying from the Goldsmithsds Shop
You can purchase, access and view digital content (“Books”) on the Goldsmithsds Shop by way of download.
Our books are available for purchase and use in PDF file formats.
To complete an order with the Goldsmithsds Shop for E-Books, you must:
(a) provide your full name, email address, payment details and other requested information;
(b) possess a valid credit or debit card issued by a bank acceptable to us or other valid payment provider details.
4.2 Making a contract online
When you are placing an order, the following steps have to take place before a contract is made between you and us:
(a) Placing your order – After choosing the Book(s) that you wish to purchase, you place your order for your item(s) by pressing the “Complete Order & Pay” button at the end of the checkout process and submitting your payment details (and delivery details if you are purchasing Goods) to us. Before placing your order, the checkout process will give you the opportunity to return to your basket and, if necessary, to change your selection of item(s).
(b) Acknowledgement – If you have purchased as a Registered User and your order contains a Book, you will see an on-screen acknowledgement that your Book has been placed in the “My Books” area of your Goldsmithsds Account. If you have placed an order for a Book via guest checkout and are not a Registered User, you will be taken to a screen which will enable you to download your Book.the Book will only be made available to the recipient for download. If you have purchased an item of Goods, you will see an on-screen acknowledgement of your order. You will receive an acknowledgement of your payment and order by email.
For an order of Book(s) – We accept your order for Book(s) and a contract is made between us at the time when we make the Book(s) available to you (or, for a Gift Purchase, to the recipient) for download, whether by sending you a link to your purchase in the order confirmation email or otherwise. Accordingly, nothing that we say or do will amount to any acceptance of your order until we actually make the Book(s) available to you (or, for a Gift Purchase, to the recipient) to view, listen, download or otherwise access, at which point a contract will be made between you and us unless, before making the Book(s) available, we have notified you that we refuse your order. If you are a Registered User, we keep a record of the orders that you place with us in the “My Account” area, which you can view by logging in to your Goldsmith SDS Account.
4.3 Refusal of an Order
If your payment is declined for any reason or we decline your order because we cannot obtain authorisation of your payment details for any reason, then we may invite you to pay by another method. Unless otherwise stated (and subject to availability), only one copy of a Book can be downloaded per customer.
4.4 Price and Payment
The prices for Books that we quote on the Goldsmithsds Shop are inclusive of GST, where applicable, and in all other territories where GST is not applicable all prices are quoted exclusive of any applicable sales or other taxes.
(a) If, in such a case, the actual price of an item is higher than that which is incorrectly displayed on the Goldsmithsds Shop at the time when you place your order, we may, at our discretion (unless otherwise required by applicable law), either contact you in order to confirm whether you wish to proceed with your order at the correct higher price, or reject your order and notify you of such rejection.
(b) If the actual price of an item is lower than that which is incorrectly displayed on the Goldsmithsds Shop at the time when you place your order, we will supply that item to you at the correct lower price. For customers resident in India. Any price related error will be dealt with on a case by case basis. In such cases, you will be contacted directly by us.
Payment will be in the currency indicated on the payment page of the Goldsmithsds Shop
You will find the total price of your order (including all applicable taxes) as part of the checkout process on the page that shows the item(s) you have selected to buy, and you will also be given an opportunity to review and amend that selection by returning to your basket before you submit your order. Please note that all pricing is at our sole discretion and prices and charges are liable to change at any time, but such changes will not affect orders for which we have already sent you an order confirmation email.
We accept payment by credit and debit card in addition to any other payment methods that we may identify from time to time.
We take payment from you once we have processed your payment details. In the event that we are unable to provide the Book for download, we will let you know and we will give you a full refund if we have already taken payment for the item(s).
Although we try very hard to ensure that all information on the Goldsmithsds Shop is accurate, occasionally errors may occur. If you discover a significant error in the description of any item(s) that you have purchased (or, that has been received by a recipient), please contact us.
5. Cancellation Policy
5.1 Right to cancel – When we accept a Book order that you have placed and make the Book available to you for download, you are entering into a contract with us. As a consumer you may have a legal right to cancel an online contract within a certain period of time after placing your order. For example, if you are a customer resident in India, you have the right to cancel your contract with us within 14 days without giving any reason (subject to the conditions set out in section 5.4 below). The cancellation period will expire 14 days after the date on which we notify you that the digital content is available for download from the Goldsmithsds Shop. For more information on your rights as a consumer under law, please consult your Citizens’ Advice Bureau, trading standards office or other similar organisations.
5.2 How to cancel – To exercise the right to cancel a Book contract, you must inform us of your decision to cancel your contract by a clear statement. If you use this online option, we shall send you an acknowledgement of receipt by email. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the relevant cancellation period has expired.
5.3 Effects of cancellation – If you cancel a Book contract, we shall reimburse you for all related payments received from you. We shall make the reimbursement without undue delay, and not later than 14 days after the date on which you inform us of your decision to cancel the contract. We shall make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5.4 Loss of cancellation rights – Despite the above, you cannot cancel a Book contract if you (or, for the recipient) have started downloading the Book (or used any other means required to access and use the Book), as long as:
(a) you had expressly accepted when you placed your order that (i) we could start to supply the digital content during the cancellation period and (ii) you could not cancel the contract once supply of the digital content had started; and
(b) we have confirmed your acceptance to you in confirming the contract.
6. Defects, replacements and returns
(a) If you receive a corrupted copy, incorrect file format version or incomplete copy of the Book, then, in order to request a functioning copy of the Book or to apply for a refund, please contact us. You will need to quote your order number and the details of the Book ordered with which you are experiencing issues, so please have these to hand.
(b) If you have suffered a loss of a Book through failure of your hardware device, damage, theft or destruction, we may, solely at our discretion, provide you with another copy of your previously purchased Book. This will count as one of the limited number of copies that you are permitted to make.
7. Use and limitation of use of Books
When you buy a downloadable Book from us, what you are buying is the right to use that Book in the way we explain below for your own personal, non-commercial use only. All references to “buying” or “purchasing” downloadable Books in these Terms describe the purchase of a licence under English law to access and use the digital content concerned in accordance with these Terms
You (or, for the recipient) may download one (1) copy of each Book you purchase for storage and use on your reading/listening system, which could be your computer, tablet, MP3 player, mobile phone, eBook reader or any other compatible electronic device, or any compatible reading/listening service linked with the Goldsmithsds Shop ( “System” ). You may also download further copies of the Book for storage and use in the same ways, but this is subject to the continued availability of the Book via the Goldsmithsds Shop.
If you are a parent or guardian who has made the purchase on behalf of a child for whom you are responsible, you may share such download(s) with such child. (a) From time to time we may make limited extracts of certain Books (“extracts”) available to you through the Goldsmithsds Shop (for example, one or two chapters of an eBook), which you may download without charge.
You may download and make copies of extracts for storage and playback on your System for your personal, non-commercial use only. To be clear, subject to the permitted uses and restrictions set out in these Terms, there is no limit on the number of such copies of extracts that you are permitted to download and make for your personal and non-commercial use only. We reserve the right to withdraw access and/or to cease making any extract available through the Goldsmithsds Shop at any time without notice to you.
Depending on your place of residence, certain laws may impose statutory promises from us to you and may prevent exclusions or limits applying to certain types of liability. If so, nothing in our Terms will take precedence over those applicable laws and you will still have your rights under those applicable laws. For more information on your rights as a consumer under law, please consult your Citizens’ Advice Bureau, trading standards office or other similar organisations.
9. Digital Content
All literary works on the Service (each, “Digital Content”) are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of, and access to any Digital Content is available only to Customers and is intended only for such Customers’ personal and non-commercial use. Any other use of Digital Content downloaded or accessed from the Service is strictly prohibited. Customers may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part. By downloading or otherwise accessing Digital Content from the Service, the Customer hereby acknowledges and agrees to these terms.
10. Payment Methods
Only Customers may purchase Digital Content on the Service.
The Service accepts the following credit cards: Visa and MasterCard.
Depending on the country in which you are making your purchase, the following payment methods may also be available: American Express, Visa Debit, PayPal, iDeal and JCB.
When a credit card is being used for a purchase, Goldsmithsds may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to the credit card occurs at the time of purchase, or shortly thereafter.
Goldsmithsds service endeavors to offer you competitive prices on current selections. Your total price will include the price of the Digital Content. For Indian customers only the price will also include additional applicable sales taxes, including GST or provincial retail sales tax (in effect on the day of purchase). Goldsmith SDS reserves the right to change prices for Products offered at the Goldsmith SDS Service at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
10.1 Payment Security
Goldsmithsds ensures that every transaction you conduct online is in a safe and secure environment. To achieve this, Goldsmith SDS is protected by Secured Socket Layer (SSL) technology by Comodo, the leaders in encryption technology. The process of encryption takes your credit card information and converts it into bits of code that are securely transmitted over the Internet. This scrambled data cannot be read as the information travels over the Internet. Your credit card details may be shared with our service providers or vendors to the extent deemed to be necessary.
11. Restrictions on Use
These terms apply to all users of the Service, whether or not you are a Customer.
A. You shall use the Service for lawful purposes only. You shall not post or transmit through the Service any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without Goldmisthsds’s express prior approval, you shall not post or transmit through the Service any material that contains advertising or any solicitation with respect to products or services.
You shall not use the Service to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services. Any conduct by you that in Goldmisthsds’s discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted.
B. All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (“Site Content”), are the proprietary property of Goldmisthsds or its licensors with all rights reserved.
Such unauthorized use may also violate applicable laws including without limitation copyright and trade-mark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these terms and conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Goldmisthsds at any time without notice and with or without cause.
C. You shall not upload, post or otherwise make available on the Service any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of the Service, you automatically grant, or warrant that the owner of such material has expressly granted Goldmisthsds the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Service to access, view, store or reproduce the material for that user’s personal use. You grant Goldmisthsds the right to edit, copy, display, publish and distribute any material made available on the Service by you. The foregoing does not apply to literary works provided to Goldmisthsds for sale on the Service by a publisher or other content provider.
D. You may not obscure or misrepresent your geographical location, forge headers, use proxies, use IP spoofing or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
E. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation:
(i) accessing data not intended for you, including logging into a server or account which you not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization; (iii) using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Site Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site; (iv) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Goldmisthsds’s systems or networks, or any systems or networks connected to the Service or to Goldmisthsds’ (v) conducting a reverse look-up, tracing or seeking to trace any information on any other user, Customer or visitor to the Service, or any other customer of Goldmisthsds, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service; (vi) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”; (vii) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (viii) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede Goldmisthsds’s ability to monitor or make available the Service; or (ix) taking any action in order to obtain services to which you are not entitled.
Violations of system or network security may result in civil or criminal liability. Goldmisthsds will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user (whether or not a Customer) who is involved in such violations.
12. Disclaimer of Warranty; Limitation of Liability
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER GOLDSMITHSDS ,ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
B. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE.
C. IN NO EVENT WILL GOLDSMITHSDS , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GOLDSMITHSDS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
D. THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT GOLDSMITHSDS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
13. Changes to these Terms
Subject to applicable law, we may change these Terms from time to time. See the end of these Terms & Conditions for details of the date when they were last updated. We may notify you of such changes by sending you an email to the last email address that you provided to us and/or by posting a copy of the changes on the Goldsmithsds Shop.
For each order made on the Goldsmithsds Shop, the version of these Terms in force at the time when you ordered the relevant item from us will apply to the order, unless any change to these Terms is imposed by law or governmental authority (in which case, it will automatically apply to orders previously placed by you). If, however, after accepting your order, we need (for any other reason) to change these Terms as they apply to the order, we shall contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes. In such case: (a) you may cancel either for the whole order or just the part of the order that you have yet to download or access in the case of Book(s); and (b) if you choose to cancel, we shall arrange a corresponding refund of the price that you have paid.
You are responsible for keeping your account information up to date, including your email address. If the email address to which we send notification to you under this section is no longer valid but you have failed to notify us of this, the sending of our email (notifying you of modified Terms) will be deemed, nonetheless, to be effective notice of the modified Terms.