You must carefully read and understand the Terms of Use before accessing, availing and using the domain name http://www.penindia.in/ (hereinafter referred to as “Website”), its various features and other related services (hereinafter collectively referred to as Services), which is owned and operated by ‘Pen India Limited Private Limited’, having its place of business at Mumbai, (hereinafter referred to as “PEN INDIA”, “We” or “Us” or “Our”). The terms and conditions (hereinafter referred to as “Terms”) as well as the Privacy Policy, and all other applicable laws and regulations and which may be posted and applicable to specific Services (hereinafter collectively referred to as, the “Agreement”) governs your access and use, irrespective of whether you are a visitor (browsing the Website and Services without being registered) or you are a member (which means that you are registered with the Website and/or Services)(hereinafter referred to as “You”, “Your”). Further ‘You’ or ‘Your’ shall without limitation include any organization, company or branch of government and the person availing or accessing on behalf of any such organization, company or branch of government hereby represents and warrants that they have the authority to legally bind the company or organization and company or organization to the obligations and restrictions of these Terms. By using or accessing the Website and/or Services or by registering an account You agree to be bound by these Terms.
The contents and services provided on the Website are the property of PEN INDIA or PEN INDIA’s licensors, and PEN INDIA grants You only a limited, non-exclusive, revocable license to make personal and non-commercial use of the platform unless agreed otherwise through an agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT OR DO NOT HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION OR COMPANY TO THESE TERMS OF THE AGREEMENT, THEN DO NOT ACCESS, AVAIL OR USE THE WEBSITE OR THE SERVICES PROVIDED HEREIN.
Eligibility
Use, access and registration to be a member on the Website and/or Services is available to all persons who can be legally bound by contract, who are not disqualified or declared incompetent under the Indian Contract Act, 1872 and who have consented to the governance of these Terms. If You are a minor i.e. under the age of 18 years, You shall not register as a user of the Website or Services and shall not access, transact on or use the Website and/or Services. As a minor if You wish to access, transact on or use the Website and/or Services, such access, use or transaction may be made by Your legal guardian or parents on the Website and/or Services. PEN INDIA reserves the right to terminate Your membership and/or refuse to provide You with access to the Website and/or Services if it is brought to PEN INDIA’s notice or if it is discovered that You are under the age of 18 years.
Term and Termination
These Terms, and any posted revisions, shall remain in effect while You use the Website and/or Services, however certain provisions may continue to apply even after termination. You may choose to terminate Your membership (if any) at any time, for any reason by deleting Your account with the Website and/or Services. Upon choosing to delete Your account with the Website and/or Services, You understand and expressly agree that Your profile contents and other information may be deleted. However, certain details are maintained with us for archival and legal purposes.
Your License and Use of the Website and Services
PEN INDIA and/or it’s licensors and/or authorised third parties have the sole, exclusive and unencumbered right, title and interest in the Services and contents such as text, audio, videos, Songs, designs, advertising copy, graphics, logos, photographs, software, interface, compilations, domain names, images, the trademarks, trade names, service marks and trade identities; any and all copyrightable material including but not limited to the “look and feel” of the Website, and any other form of intellectual property (hereinafter collectively referred to as “Contents”) on the Website are protected by applicable copyrights and other proprietary material or information is owned by or licensed to PEN INDIA or other authorised third parties and is protected as intellectual property or otherwise. You are hereby granted a limited, non-exclusive, non-assignable, non-transferable, revocable license to make personal and non-commercial use, view and/or play (as applicable) of the Contents and Services including but not limited to the Contents received as part of subscription to newsletter on the Website. You shall not use any of the Contents on the Website or the Services except as expressly set forth in these Terms.
Content/Activity Prohibited
Your use of Platform shall be strictly governed by including, without limitation, the following:
You acknowledge and concede that You shall not directly or indirectly make unauthorised use of copyright protected materials on the Website, store, publicly perform, reproduce, modify, distribute, create derivative works, send, transmit, publicly display, decompile, reverse engineer, make available or otherwise communicate to the public any Contents to which you do not hold necessary rights and/or which may constitute an infringement of third party rights and/or is subject to proprietary or other rights of third parties including any Intellectual Property Rights.
You shall not directly or indirectly alter or modify any part of the Website and/or Services and use the Website and/or Services for any illegal purpose; You shall not directly or indirectly use any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Contents (except as part of standard use or as part of standard search engine activity).
You shall not directly or indirectly reformat or frame any portion of any web page that is part of the Website and/or Services;
You shall not directly or indirectly deliberately impersonate another person, whether real or fictional, or otherwise misrepresent your affiliation with a person or entity;
You shall not directly or indirectly alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Website and/or Services or any Contents appearing on the Website and/or Services. You may not use any PEN INDIA’s logo or other proprietary graphic or trademark as part of any link without PEN INDIA’s advance express written permission;
You shall not directly or indirectly, exchange, download, redistribute, produce, upload, post, remove, alter, reproduce, repurpose, adapt, copy, republish, rent, lease, rearrange, sell, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Contents on or otherwise make use of any reverse-engineer, decompile, disassemble, modify, translate or create derivative works based on the Contents and Services of the Website;
You shall not directly or indirectly retransmit, distribute, disseminate, sell, perform, make available to third parties, or exploit for any purposes (including, without limitation, personal, non-commercial use) the Services or the Contents, or any part thereof, without the express prior written consent from us (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components included with the Services).
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws.
You acknowledge and agree that we reserve the right to disclose any information provided on the Website to comply with any law, regulation or valid governmental request. Further, you understand and hereby expressly authorise us to disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation of possible crimes;
Third Party Contents
Website and Services may contain and/or provide access to third party websites that are not owned or controlled by PEN INDIA. PEN INDIA is not responsible for any third-party content, services, advertisements, and/or links that may be contained on the Website. Further, PEN INDIA is not responsible for any third party contents including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, and any third party generated contents, in respect of which PEN INDIA has no control over.
Representations and Warranties
THIS WEBSITE AND SERVICES THEREOF ARE PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ON AN “AS AVAILABLE” BASIS AND PEN INDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKES NO AND HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES (COLLECTIVELY, “WARRANTIES”) OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE WEBSITE AND/OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PEN INDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
PEN INDIA MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE WEBSITE AND/OR THE SERVICES WILL BE FREE FROM ANY ATTACK, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR OF THE SERVICES, UNAUTHORISED ACCESS TO SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENTS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR THE SERVICES.
PEN INDIA DOES NOT WARRANT, ENDORSE, GUARANTEE, HAS ANY CONTROL OVER OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PEN INDIA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE ADVISED TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION, WHILE ACCESSING SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY AND PEN INDIA DISCLAIMS ANY LIABILITY RELATING THERETO.
PEN INDIA MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE WEBSITE AND/OR SERVICES WILL BE ACCURATE, TIMELY, RELIABLE, UNINTERRUPTED, OR WITHOUT ERRORS. PEN INDIA RESERVES THE RIGHT TO WITHOUT PRIOR NOTICE, TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OR ALL OF THE WEBSITE AND/OR SERVICES. IN SUCH EVENT, PEN INDIA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
PEN INDIA MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT ANY FILES AVAILABLE FOR DOWNLOADING (IF ANY) THROUGH THE WEBSITE AND/OR SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND/OR SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENTS. PEN INDIA IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT, OR OTHER OBJECTIONABLE CONTENT WHILE USING THE PLATFORM AND THAT YOU MAY BE INVOLUNTARILY EXPOSED TO SUCH OFFENSIVE AND OBSCENE MATERIALS. WE DO NOT APPROVE OF SUCH UNAUTHORIZED USE, BUT BY USING THE WEBSITE AND/OR SERVICES YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR SUCH OFFENSIVE, INDECENT, OR OTHER OBJECTIONABLE CONTENT.
Disclaimer
THE WEBSITE AND/OR SERVICES AND ALL CONTENTS ACCESSED THROUGH THE WEBSITE, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”.
Intellectual Property
All right, title and interest in the Contents (including, without limitation, all designs, logos, names, text, sound recordings, music, trade dress, photographs, software, interfaces, images, graphics, look and feel of the Website, video and links and all other contents) and Services on the Website including but not limited to copyright, trademark, patent or other intellectual properties are protected under laws of both the Republic of India and other countries and in all forms, media and technologies existing now or hereinafter developed and is owned by PEN INDIA or the respective third party entities as identified in our Website and/or Services. No license or right is granted and Your use of the Services therein shall not constitute by implication, estoppel or otherwise, any license or right of use. Contents on the Website and/or Services shall be accessed and used solely for Your personal, non-commercial use. As such, You shall not reproduce, transmit, republish, upload, post, prepare derivative works, perform, broadcast, adapt, distribute, display, license and/or alter in whole or in part any of the foregoing in any manner without the express permission from Us.
Indemnity
You agree to indemnify and hold harmless PEN INDIA and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, suits, legal proceedings and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Website and/or Services, including any data or content transmitted or received by You; (ii) Your violation of any term or any act done inconsistent to this Terms, including without limitation to Your breach of any of the representations and warranties above; (iii) Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) Your violation of any applicable law, rule or regulation; (v) any claims or damages that arise as a result of any of Your Content or any that is submitted via Your Account; (vi) any other party’s access and use of the Services with Your username, password or other appropriate security code.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PEN INDIA, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OR YOUR USE OF THE WEBSITE AND/OR THE SERVICES OR ANY CONTENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law, Jurisdiction and Dispute Resolution
In case of any dispute or difference arising at any time between PEN INDIA and You (hereinafter collectively referred to as “Parties”) as to the meaning or effect of this Terms or any clause or thing contained herein or as to the rights, duties and liabilities of the Parties hereto, the Parties shall endeavor to settle such disputes / differences amicably. In the event the parties fail to settle the dispute amicably within ten (10) days from the date of the commencement of such discussions, the dispute / difference shall, in accordance with and subject to the provisions of the Arbitration & Conciliation Act, 1996, or any statutory modification or re-enactment thereof for the time being in force, be referred, to a sole arbitrator mutually appointed by both the parties and in case of disagreement, three arbitrators – one to be appointed by each Party and the two arbitrators so appointed shall by an instrument in writing appoint a third arbitrator who shall act as the presiding arbitrator. The place of Arbitration shall be in Mumbai, Maharashtra. The language of the Arbitration shall be English. The Award passed by the Arbitral Tribunal shall be in English and shall be final and binding upon the Parties herein. These Terms shall be governed by the laws of India and any disputes arising in relation to these Terms shall be subject to the jurisdiction of the Courts of Mumbai.
Severability
If any portion of these Terms is held to be unenforceable, the unenforceable clause/portion must be construed as nearly as possible to reflect the original intent of the Parties. The Parties shall further, if any portion be held unenforceable, resort to replacing such portion with a legally valid and enforceable clause/portion that replicates the meaning and intention of the original clause/portion. The remaining clauses/portions remain in full force and effect.
Waiver
The failure of any Party to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of such right power privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement nor shall any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of such or any other right, power, privilege or remedy provided in this Agreement all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to a Party at law or in equity.
Force Majeure and Act 0f Third Parties
PEN INDIA shall not be liable for any failure of performance hereunder which is due to a so-called act of God, accident, fire, or riot or civil commotion or any regulation or order of the Government of India or any State Government or any statutory or judicial authority not within the reasonable control of PEN INDIA, or any other act being deemed an act of force majeure or act of any third party beyond the control of the PEN INDIA including but not limited to hacking, data theft, unauthorised access to Your account, impersonation, fraud, misrepresentation and so on.
Modification
PEN INDIA reserves the right to update, modify or change any part of these Terms from time to time, without providing any prior written notice. All changes/revisions would become effective immediately upon being posted on the Website. You are encouraged to periodically check this page to stay informed about changes to Our Terms. If you do not agree to any such changes, You have the discretion to discontinue from accessing, availing or using the Website and/or the Services. Continued access or use of the Website and/or any of the Services following notice of any such changes will indicate your acknowledgement of such changes and you will be bound by such revised Terms.