SELLER – Peoples Literature Publication OPC Pvt Ltd AGREEMENT
TERMS & CONDITIONS
GENERAL PROVISION AND ACCEPTANCE
You indicate your consent to the terms of this Agreement by clicking on acceptance stating “I have read and agree to comply with and/or be bound by the terms and conditions of Peoples Literature Publications Agreement” that is presented to you at the time you sign up to list your Books (products) on the PeoplesBookShop.
RIGHT TO SELL
This agreement hereby grants Peoples Literature Publication OPC Pvt Ltd the exclusive right to sell Literature products and this agreement will be subject to a performance-based review before subsequent renewal. Renewal period will be for 1 year. As a courtesy, Seller will list Peoples Literature Publication OPC Pvt Ltd in their online directory and online/offline shop, PeoplesBookShop as a supplier of Literature products to help generate additional sales.
Peoples Literature Publication OPC Pvt Ltd will make every possible effort to maintain an adequate trademark, patent, and copyright protection of Seller’s intellectual property in said jurisdiction for the duration of this agreement. The responsibility of protection reverts to Seller upon termination of this Agreement.
Peoples Literature Publication OPC Pvt Ltd shall have a non-exclusive right to sell product anywhere and to anyone, provided Seller abides by the terms and conditions of this Agreement and maintains high standards of business professionalism and ethics. Neither Seller nor any of its agents or representatives has the right to control or direct the details, manners or means by which Peoples Literature Publication OPC Pvt Ltd sells products to its customer base. Seller does retain the right to offer preferential territories or markets to other entities, however, price parity will be maintained on PeoplesBookShop website.
INTRODUCTION TO PEOPLESBOOKSHOP
PeoplesBookShop is an online marketplace for Literature Products for connecting Authors and Publishers with potential customers/readers. As a seller, you are neither charged a fee for listing your products/monthly fees/marketplace fees nor any assistance provided by Peoples Literature Publication OPC Pvt Ltd as a component of product management which may include product descriptions, professional photography, editing of Images or any other services provided. You will be charged a commission on the sale of every product that gets sold.
“PeoplesBookShop.com” or “Peoples Book Shop” means any location at which Peoples Literature Publication makes available or lists the products, which may include PeoplesBookShop.com or any other webpage, application, mobile interface, service or user interface that allows for the discovery, download or purchase of products on PeoplesBookShop.
“Literature Products” or “Products” means the seller products, listings that you deliver to PeoplesBookShop or make available through the portal. “Products” also include any new products other than already listed.
“PeoplesBookShop Policies” means the terms, rules and policies that Peoples Book Shop makes available at Peoplesbookshop.com/seller-policy setting forth requirements (as may be modified by Peoples Book Shop from time to time) for including your Marketplace products in the PeoplesBookShop.
“Buyer” shall mean a user of the Website who places an Order on the Seller listed items on the Website for products or services.
“Order” shall mean a binding purchase order placed by a Buyer, on Peoples Book Shop, for the Seller through for supply of products or services.
“Website” means ‘Peoples Book Shop’ and ‘peoplesbookshop.com’ and instances of the same
The Seller, who wants to start using the online marketplace, has to register at the Peoples Book Shop Website. After you agree to be bound by this Agreement and complete the registration form, Peoples Book Shop will establish an account for you (the “Account”). Peoples Literature Publication OPC Pvt Ltd is entitled to refuse to register a new Seller without indicating the reasons. You cannot register more than one Account with Peoples Book Shop as a Seller.
Use of the Website or/and the Services are limited to parties that are 18 years old or older and lawfully can enter into and form contracts under applicable law. To register, you must provide your information required in the registration form] and other information required on the registration form. Peoples Literature Publication OPC Pvt Ltd will apply its undertakings and exercise its rights referring to this information. You authorise Peoples Literature Publication OPC Pvt Ltd to verify the accuracy of your information and to perform credit or background checks as it desires. Peoples Literature Publication OPC Pvt Ltd can also request you to provide any documents required to perform either your background check or check of your provided information. Particular documents that have to be submitted will be specified in the notification to you
You confirm that at the registration at the Website you have entered correct data about yourself and that afterwards when changing or adding this data in the Account, you will enter only correct data. The Seller shall bear any losses that occur regarding the submission of invalid/incorrect data. You unconditionally warrant that any Product characteristics submitted by you at the Website and any other information, data and/or content you provide: (i) will be correct, accurate and not misleading or otherwise deceptive; (ii) will not infringe the intellectual property rights of Peoples Literature Publication OPC Pvt Ltd or any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (iii) will not violate any law, statute, or regulation; (iv) will not be defamatory or libelous, and, (v) will not create liability for Peoples Literature Publication OPC Pvt Ltd.
You shall not use the Website and/or the Services for any purpose that is unlawful or prohibited by this Agreement and legal requirements. The Seller’s registration at the Website implies the Seller’s confirmation and a guarantee that by using the Services the Seller will act honestly and in such way that it would meet the interests of both the Seller and Peoples Literature Publication OPC Pvt Ltd. Peoples Literature Publication OPC Pvt Ltd has a right to restrict the Seller’s usage of the Website and/or the Services without prior notice if the Seller uses the Website in unlawful or another unaccepted way.
Peoples Literature Publication OPC Pvt Ltd provides a platform for Authors and Publishers to sell their Literature products and Buyers to buy. Peoples Literature Publication OPC Pvt Ltd is involved in the actual transaction between Sellers and Buyers but is not the agent of them and has no authority for either of them for any purpose. As the Seller, you use the Website and/or the Services at your own risk
Buyers make a purchase from you through the Website and/or by using the Services, they are purchasing the Product from you and not from Peoples Literature Publication OPC Pvt Ltd. Peoples Literature Publication OPC Pvt Ltd has no control over Buyers who make purchases or the ability of Buyers to pay for Products they may purchase from you. Peoples Literature Publication OPC Pvt Ltd has no responsibility to ensure that the Buyer completes a transaction with you or makes a final payment to you.
Peoples Literature Publication OPC Pvt Ltd shall not verify or inspect the creditability or solvency of any Buyer and shall not be responsible for any settlements between you and Buyers. In no case Peoples Literature Publication OPC Pvt Ltd is the owner of Products and has no obligation to control and inspect the quality of Products.
PRODUCTS AND PRICING
Peoples Literature Publication OPC Pvt Ltd allows you to list and sell only literature products and no services.
As the Seller, you may list any item on the Website unless it is a prohibited literature, defined in or similar to the items listed in the Prohibited Literature List.( Banned as per Government of India/State Government)
Each of your listed items may be reviewed by Peoples Literature Publication OPC Pvt Ltd before making it available to be purchased. Peoples Literature Publication OPC Pvt Ltd may have the right to deny any Product for reasons if the product does not abide by this agreement.
By listing the Product in the Website, you represent and warrant to Peoples Literature Publication OPC Pvt Ltd, prospective Buyers that you are the owner of the Product and/or have the right and ability to sell the Product and that the listing is accurate, current, and complete and is not misleading or otherwise deceptive. Peoples Literature Publication OPC Pvt Ltd retains the right to immediately halt any sale, prevent or restrict access to the Website or the Services, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorised Products, any unlawful Products, or any Products otherwise prohibited by this Agreement or applicable law or in any other case in its sole discretion.
You shall indicate the Product price in currency in Indian rupees after discussion with Peoples Literature Publication OPC Pvt Ltd Seller Account Management team
You commit to selling Products to Buyers at the listed purchase price. By listing the Product you agree to complete the transaction as described by Agreement.
You agree that you are solely responsible for determining the amount of any taxes that you may owe as a result of your sale, and are solely responsible to collect, report and remit any such taxes required under the law applicable to you. You hereby agree to fully indemnify, defend and hold Peoples Literature Publication OPC Pvt Ltd (and its affiliated entities) harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with the foregoing obligations or otherwise with respect to any claim, demand or allegation of any tax in any way associated with any sale made by you through the Website and/or the Services.
You (not Peoples Literature Publication OPC Pvt Ltd) are the owner of your Products.
PRODUCT QUALITY AND WARRANTY
You agree to sell only good quality Products.
You guarantee that your Products will be meet standard quality requirements and conditions of the respective kind of Products and will not have any hidden deficiencies.
If the Product that you sold is in a poor quality, the Buyer can return faulty Product and you must replace it with the good quality Product.
You shall have a policy with regard to the warranties of Products. Your Product warranty policy shall be clear,complete, accurate available for review by Peoples Literature Publication OPC Pvt Ltd at any given time.
You shall include in your Product warranty policy a prominently displayed disclaimer of any implied warranties, including without limitation, the implied warranties of vendor ability and fitness for a particular purpose, and the warranty of non-infringement, on behalf of Peoples Literature Publication OPC Pvt Ltd.
PRODUCT ORDER MANAGEMENT
Peoples Literature Publication OPC Pvt Ltd reserves the right to select the products to be displayed on its Website. And also reserves the right to determine the Sellers who may sell on the Website
Peoples Literature Publication OPC Pvt Ltd shall receive Orders for the products displayed/distributed on behalf of Seller only in the capacity of the entity that provides an access to Website, marketing and distribution channel to the Seller. In the event payments are collected by Peoples Literature Publication OPC Pvt Ltd on behalf of the Seller, in the mode/s as conveyed to the Buyers, the same will be collected while acting as an agent of the Seller with the sole intent of facilitating the transactions of the Seller.
Peoples Literature Publication OPC Pvt Ltd shall provide the necessary backend for order management system, etc., for capturing the Buyer/order details placed on the Sellers. Orders placed by Buyer will be forwarded to the Seller for packaging. Seller shall provide content & images of its products to be displayed at Website. Seller will update the dispatch details via email on or any other mode as may be notified by Peoples Literature Publication OPC Pvt Ltd from time to time.
On receipt of the Order, Seller will make the products ready for dispatch along with corresponding orders/ invoices within specified timeframe agreed with Peoples Literature Publication OPC Pvt Ltd working days. In the case of delay, Peoples Book Shop will be immediately informed by Seller, along with the expected time of dispatch to, so that the Buyer may be appropriately informed. In case Seller fails to make the product ready for dispatch or delivery to Buyer within the period as stipulated above, Peoples Literature Publication OPC Pvt Ltd will be nonetheless be entitled to the forfeit fee of 10% of the product from Seller. However, Seller agrees to package and dispatch the product strictly as per the mandate and/or any guidelines given by Peoples Literature Publication OPC Pvt Ltd from time to time. If Seller undertakes to promote its products, services, offers, packages, etc to the Buyer directly, indirectly and /or through email, SMS or any other electronic or physical mode, all promotion should include a co-branding of Peoples Literature Publication OPC Pvt Ltd and/or PeoplesBookShop.
The ownership in the products will be transferred to the Buyer after successful delivery at the destination provided by Buyer, until which the ownership in the product shall be with Seller only. Peoples Literature Publication OPC Pvt Ltd will extend its services by providing shipments between the Seller and Buyer. Any damage in transit on account of inadequate / unsuitable packaging will be to the account of Seller.
You shall have a shipment and delivery guidelines clearly, completely, accurately, prominently posted on
product pages and available for review by the Buyer prior to the Buyer being obligated for a purchase of the Product. The shipment guidelines should be provided to Peoples Literature Publication OPC Pvt Ltd which specifies (i) whether the Product price listed on the Website includes the shipment costs (ii) whether the product can be shipped or identified as Click & Collect location or Peoples Literature Publication OPC Pvt Ltd location.
You agree that legal ownership remains with you until the Buyer physically receives the Product from you. You
agree that you will ship only the Product ordered by the Buyer and will not include any products, your company marketing materials or information that was not ordered by the Buyer.
All products delivered by Peoples Literature Publication OPC Pvt Ltd from the Seller in good faith in respect of the contents thereof. The products should not contain any such items or materials which are prohibited or contraband by law and items specified under “Prohibited items which cannot be sold on People Book Shop” webpage. In the event of the products containing the said items or material, the Seller agrees and undertakes to indemnify Peoples Literature Publication OPC Pvt Ltd in respect of all claims made by the third party in respect of the said terms of material. Further, the said material or items sent by Seller shall be solely at the Seller’s risk as to the costs and consequences thereof.
The Seller shall be solely liable for all costs, expenses, penalties, action proceeding (which shall without limitations include Octroi and any other charges leviable by any Central/ State/Local Authorities) related to the Product.
Automatic Cost Coverage from Peoples Literature Publication OPC Pvt Ltd is insured for the actual (selling) value of product only as displayed on PeoplesBookShop. Seller shall not be entitled to any further or additional claim.
Claims, if any, shall be settled within 60 days from the date of receipt of evidence and other paperwork to
include a letter of claim and declaration / invoice copy. No claim will be accepted beyond a period of ninety days from the date of booking of the product, nor shall any communication be entertained by Peoples Literature Publication OPC Pvt Ltd beyond the above period. Further, all the records of the delivery and other connected documents will be destroyed by Peoples Literature Publication OPC Pvt Ltd after stipulated period herein above.
Peoples Literature Publication OPC Pvt Ltd shall not liable for any loss, damage, misdelivery or non-delivery of the Product caused on account of the act of God, force majeure occurrence or any other cause reasonably beyond the control of Peoples Literature Publication OPC Pvt Ltd. No claim whatsoever on account of the above reason shall be entertained by Peoples Literature Publication OPC Pvt Ltd.
Any dispute arising between the parties as to the performance or non-performance of the foregoing terms
and conditions shall be subjected to Mumbai Head Office jurisdiction.
While Peoples Literature Publication OPC Pvt Ltd will endeavour to exercise its best efforts to provide expeditious delivery of the product in accordance with the regular delivery schedules, Peoples Literature Publication OPC Pvt Ltd shall not under any circumstances be liable for delay in delivery of the said product, regardless of the cause of such delay. Further, Peoples Literature Publication OPC Pvt Ltd shall not be responsible for consequences arising out of delay in delivery of the said product; and no claims whatsoever in that regard shall be entertained by Peoples Literature Publication OPC Pvt Ltd at any point in
Peoples Literature Publication OPC Pvt Ltd reserves its right to refuse the booking of any product without assigning any reason whatsoever. Further, Peoples Literature Publication OPC Pvt Ltd reserves its right to check the condition on all products prior to shipment while open and Peoples Literature Publication OPC Pvt Ltd shall not always ship sealed products before pre-check is completed.
Unless until specified the delivery will be made only to the buyer at his doorstep only. In cases where order is
deemed cancelled, the product will be returned to Seller and Seller will not be entitled to any further or additional cancellation cost claim.
SERVICE FEES AND PAYMENTS
The Seller agrees and acknowledges that it will pay the marketplace fees, courier fees (if not included in
selling price) fees as mentioned in the standard format attached herewith in Annexure-1 for all the orders received through Peoples Literature Publication OPC Pvt Ltd. Contingent upon the purchase by the Buyer of the Product offered by you, you agree to pay Peoples Literature Publication OPC Pvt Ltd fees (the “Commission Fees”) in accordance with the terms set forth in the Fees Schedule of Selling Price. For the purposes of the payment of the Commission Fees, the moment of the purchase by the Buyer of the Product offered by you is the moment when the Buyer irrevocably places the order for the Product using Peoples Literature Publication OPC Pvt Ltd ‘s Website and/or the Services. You agree and acknowledge that no other circumstances, including, but not limited, to the actual closure of the transaction, cancellation of the purchase, shipment, delivery or return of the Product, payment of the price and/or refund of the price shall condition your obligation to pay the Commission Fees.
Seller shall maintain parity pricing (inclusive of all applicable taxes) of the products to be displayed on the
PeoplesBookShop to that of Seller’s independent website or any third party product listing sites, Seller will be responsible for payment of all applicable sales tax/VAT. Peoples Literature Publication OPC Pvt Ltd further reserves the right to run promotions offering several benefits/discounts to the Buyer on the Website after discussions with Seller.
The Buyer may authorise payment either via Cash-On-Delivery or online payment to Peoples Literature Publication OPC Pvt Ltd by using the marketplace services. Despite the authorisation of such payments, Peoples Literature Publication OPC Pvt Ltd is not the purchaser of the Product and any dispute with the Buyer Peoples Literature Publication OPC Pvt Ltd will resolve it with the Buyer unless the product appears to be faulty.
Peoples Literature Publication OPC Pvt Ltd shall release the payment on the completion of customer “14 Days Cooling-Off Period” on the following basis, i.e. 17th or 18th day of every month. Peoples Literature Publication OPC Pvt Ltd shall make the payment by way of account payee cheque /RTGS/ NEFT after deducting Peoples Literature Publication OPC Pvt Ltd’s fee as per Annexure-1. In some instances where “Cooling-Off Period” is less than 2days, payment will be completed on the 7th or 8th working day on the month.
PRODUCT REFUNDS AND RETURNS
You agree that Peoples Literature Publication OPC Pvt Ltd will provide a prompt in most cases 100% refund to the Buyer if he/she did not receive the Product, if the Product is damaged during shipment, if the Product does not match the description as listed, or if the Buyer receives a Product other than the one he/she ordered.
Any Buyer who believes he/she may be entitled to a refund can contact Peoples Literature Publication OPC Pvt Ltd and Peoples Book Shop will contact Buyers. If the Buyer submits a claim to Peoples Literature Publication OPC Pvt Ltd concerning your Product or the order from you, Peoples Literature Publication OPC Pvt Ltd in its sole discretion may research the claim and may (or may not) contact you concerning the claim. You agree to respond to any inquiry by Peoples Literature Publication OPC Pvt Ltd within two (2) days. You agree and acknowledge that Peoples Literature Publication OPC Pvt Ltd’s decisions concerning the claim are final and binding and you agree to abide by such decisions. In the event Peoples Literature Publication OPC Pvt Ltd pays any amount to the Buyer in connection with the Buyer’s claim concerning your Product or the order from you, or the Buyer seeks a chargeback with the Buyer’s credit card company, you agree to promptly reimburse Peoples Literature Publication OPC Pvt Ltd for the amount of the transaction and any associated fees and charges.
The URLs representing the Peoples Literature Publication OPC Pvt Ltd Website(s), “Peoples Book Shop” “Peoples Literature Publication OPC Pvt Ltd” and all related logos of our Services described on our Website are either copyrighted by Peoples Literature Publication OPC Pvt Ltd, trademarks or registered trademarks of Peoples Literature Publication OPC Pvt Ltd or its licensors. In addition, all page headers, custom graphics, design, button icons, scripts and source code are copyrighted by Peoples Literature Publication OPC Pvt Ltd. You may not copy, imitate, modify, alter, amend or use them without our prior written consent. All right, title and interest in and to the Website and any content thereon are the exclusive property of Peoples Literature Publication OPC Pvt Ltd and its licensors.
The term of this Agreement is for a period of time when you successfully register for the Peoples Literature Publication OPC Pvt Ltd PeoplesBookShop Account as “Seller” until this Agreement is terminated for whatever reason. You may close your Account and terminate this Agreement at any time by sending an email to Peoples Literature Publication OPC Pvt Ltd at firstname.lastname@example.org. Account cancellation shall mean the Agreement termination.
At any time and for any reason in its sole discretion Peoples Literature Publication OPC Pvt Ltd may terminate this Agreement, your access to the Website and/or the Services, your Account and may halt any pending listings or sales at any time without notice to you. Peoples Literature Publication OPC Pvt Ltd shall have no liability or obligation for the termination of this Agreement.
You may not close your Account to evade an investigation on your fraudulent activities. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect Peoples Literature Publication OPC Pvt Ltd or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liabilities of whatever nature. You will remain liable for all obligations related to your Account even after the Account is closed.
You agree to indemnify and hold Peoples Literature Publication OPC Pvt Ltd, its parent, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Peoples Literature Publication OPC Pvt Ltd arising out of any breach by you of this Agreement or other liabilities arising out of your use of this Website or the Services.
You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability and/or losses incurred by Peoples Literature Publication OPC Pvt Ltd, the Buyer, or a third party caused by your use of the products and/or arising from your breach of this Agreement. You agree to reimburse Peoples Literature Publication OPC Pvt Ltd, the Buyer, or a third party for any and all such liability.
If the Buyer claims for damage reimbursement in relation to your Product, you must immediately act on reimbursing such damage.
If you sell Products that does not comply with statutory requirements and state authorities apply sanctions to
Peoples Literature Publication OPC Pvt Ltd for listing such Products to Buyers, you must reimburse these losses to Peoples Literature Publication OPC Pvt Ltd.
EXCLUSION OF WARRANTIES AND LIABILITY
YOU SHALL ACCEPT THE WEBSITE AND THE SERVICES “AS IS” WITH ANY FAULTS OR FAILINGS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF ACCURACY, COMPLETENESS, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL PEOPLES LITERATURE PUBLICATION OPC PVT LTD BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY YOUR OR CUSTOMER’S ACCESS TO, OR USE OF THE WEBSITE AND/OR SERVICES, ANY MATERIAL THEREON OR ANY PRODUCTS, GOODS, MATERIALS OR SERVICES AVAILABLE THEREFROM, WHETHER BASED IN CONTRACT, TORT AND WHETHER NEGLIGENT OR OTHERWISE, EVEN IF PEOPLES LITERATURE PUBLICATION OPC PVT LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any section or portion(s) of this Agreement is declared invalid by any court of competent jurisdiction or a government agency having jurisdiction, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those to which it is held invalid by such court, shall not be affected thereby, and this Agreement shall remain in full force and effect. To the extent possible, the parties shall reform such invalidated section or portion(s) thereof in a manner that will render such provision valid without impairing the parties’ original intent.
This Agreement is personal to you and it cannot be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement and the rights and/or obligations stipulated in this Agreement shall be null and void. All the notices, consents and other communication of the parties related to this Agreement shall be delivered via e-mail. These Terms and Conditions shall be interpreted and governed in general by the laws of the India, without respect to the conflict of laws provisions. Any dispute or claim with respect to the validity, construction or enforceability of these Terms and Conditions or arising out of or in relation to these Terms and Conditions, or for the breach hereof shall be initially resolved by the parties in good faith within thirty (30) days from the day of notice by any of the parties to the other party as to the existence of a dispute or claim. The dispute not settled by the parties through negotiations or correspondence shall be adjudicated by the Indian Arbitration and Conciliation Act, 1996
Seller hereby represents and warrant to the other party that the undersigned officers have the power and authority to execute and deliver this Agreement.
PART A: SELLER DETAILS
The seller details shall remain static as filled by the seller while registration as a seller on Peoples Book Shop. The details include personal information and account details along with KYC as PAN Card.
PART B: PEOPLESBOOKSHOP COST AND COMMISSION FEE STRUCTURE
|CATEGORY||COMMISSION (% OF SELLING PRICE)|
|Books||15% of Selling Price|
PART C: TOTAL SETTLEMENT AMOUNT TO SELLER
SELLING PRICE + SHIPPING COST (IF DISPATCHED BY SELLER) – PEOPLES BOOK SHOP COMMISSION FEE = TOTAL PAYOUT
PART D: SELLER AUTHORISATION*NOTE: When the seller ships the book, the cost of shipping as per the Courier/Post invoice shall be included in the payout. Free Shipping offers cost shall be beared by Peoples Book Shop and/or seller as per mutually decided at the time of Listing.
The Seller indicate their acceptance of the terms outlined herein by execution of this agreement by their duly authorised representative. The Seller hereby declares and confirms that in the fulfilment of its obligations under this Agreement, it will not infringe any intellectual property rights of Peoples Literature Publication OPC Pvt Ltd or any other third party.