1. Web Site
The Web site provided by “Penkraft®” concept of ‘course in a box’ means that everything that you need for undergoing a course, be it in art & craft, handwriting improvement, or calligraphy is included in the box. The box thus consists of the coursebook, the course schedule, practice books and equipment such as the calligraphy nibs, pens, pencils, etc for the particular course. While reasonable care has been taken to ensure that the information being displayed is correct and accurate, "Penkraft®" does not give any guarantee or representation or warranty of any kind, whether actual or implied, to the users/visitors or accept responsibility or liability of any nature whatsoever for the improper operation of the service or the Site (including any associated software) or reliance by any person on the Site content. The information, material and the services included in or available on this Site may include inaccuracies or typographical or other errors. “Penkraft®” does not accept any responsibility for any error or omission or inaccuracy or mistake of any nature or any consequences of the use of the material/information displayed on the site.
Without affecting the generality of the foregoing, "Penkraft®" does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or bugs or other harmful components. "Penkraft®" does not warrant or represent that the use of the service or the information or materials made available, as part of the service will result in any particular benefit or assure any gains or will not result in any loss.
In no event shall "Penkraft®" be liable for any direct, indirect, punitive, incidental, special, Consequential damages or any other damages whatsoever including, with limitation, damages For loss of site access, data or profits, arising out of or in any way connected with the use or Performance of web sites, with the delay or inability to use the service or related web sites, the provision or of failure to provide services or for any information, software, products, services and related graphics obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability or otherwise, even if "Penkraft®" has been advised of the possibility of damages. "Penkraft®" shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the service. Some states/jurisdiction do not allow the exclusion or limitation of liability as provided in this clause. If you are based in any such state/jurisdiction please do not use this site. This site is not to be used and is not intended to be used in any such state/jurisdiction. If you are dissatisfied with any portion of the services offered under this site, or with any of the "OTHER TERMS AND CONDITIONS OF USER", your sole and exclusive remedy is to discontinue using this Web Site.
3. This website is maintained to endeavour to provide information relating to the products dealt with by "Penkraft®" and other general information relevant for business. This Site also affords interaction between a customer and "Penkraft®". Each User is advised to be prudent and use independent judgment in all dealings on the Site or whilst using any information posted on the Site. "Penkraft®" shall not be responsible/liable for any damages or delays as a result of the products which are out of stock or otherwise unavailable. All products offered shall be subject to availability of product /stock unless any product is required to be custom made. Further no responsibility or liability is accepted whatsoever with regard to material on site. The details contained in the site is only informative and of a general nature.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
5. Right to restrict the use of the Site
"Penkraft®" has the right (i) to exercise sole discretion to impose limits on the usage of this service; and/or ii) to refuse to process transactions with specific users without assigning any reason; and/or iii) to terminate the user's service and refuse all future or current use of this service without assigning any reason.
6. Use of the Site Content
You may download, retrieve and display the Site Content on a computer screen or (if expressly authorised) other electronic devices including a mobile telephone, or print individual pages and store such pages or other form in any form for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Site Content. "Penkraft®" will not be bound to give any permission or consent contemplated in these Terms and Conditions.
7. Intellectual Property Protection
All rights in Designs, Copyright, Trademarks (whether registered or not) and all other intellectual property rights including the contents and design of the Site and any material e-mailed to you or otherwise obtained by you from the use of or access to the Site appearing in this website are owned by "Penkraft®". You are permitted to retrieve and display pages from this website on a computer screen and may print individual pages and store pages in electronic form for information purposes only. You may not copy (otherwise than as permitted by this clause), reproduce, modify, distribute, republish, display, post or transmit any part of this website without "Penkraft®’s" prior written consent. You will also abide by all the terms and conditions of user which may have been prescribed.
"Penkraft®" may, in its sole discretion, without prior intimation, terminate or suspend your access to all or part of the Site (including any right to access) with or without cause by delivering notice to you. This right of termination is in addition to all other rights or remedies of "Penkraft®" provided in these Terms and Conditions or by law.
9. Alterations/Changes to the Site
"Penkraft®" reserves the right, at any time and from time to time, in its sole discretion, without any prior notice or intimation, to alter, change, modify, add or remove, or suspend portions of the Site Content available on the Site and/or to otherwise restrict the use and/or accessibility of the Site or the Site Content. All such amended terms shall be effective from the date of posting on the Site and any subsequent use of the Site shall be subject to and governed by the amended terms. Users are therefore advised to regularly check these terms and conditions for any amendments or updates.
For accessing certain areas of the Site you may be required to register/subscribe for the same. This will involve you being required to create your own user name/log-in identity and password. You are solely responsible for the confidentiality and use of and access to the Site Content and the Site using your user name, sign-on password, and/or I.D.
12. Change / Alterations of these Terms and Conditions
"Penkraft®" may, in its discretion, at any time and from time to time, change these Terms and Conditions (including those relating to your use of Site and its Content).
13. Non -Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations or in taking any legal or other action will operate as a waiver of any right.
14. Assignment of Agreement
This agreement may be assigned to a third party by "Penkraft®". This agreement is personal to you. Your rights and/or obligations under these Terms and conditions cannot be assigned, sub-licensed or otherwise transferred.
If any provision or part of these Terms and Conditions is invalid or unenforceable, such provision or part will not render the other provisions of these Terms and Conditions unenforceable or invalid. These Terms and Conditions will be read and construed as if the invalid or unenforceable provision(s) / part(s) are not contained therein.
16. LAW AND JURISDICTION
These Terms and Conditions shall be governed by, and construed in accordance with, Indian law. The parties irrevocably agree that the civil courts at Thane, India shall alone (subject to the paragraph below) have exclusive jurisdiction to deal with all matters in connection with these Terms and Conditions. Notwithstanding the above, "Penkraft®" shall have a right (but shall be under no obligation to do so) to bring any proceedings relating any matters arising out of, under, or in connection with these Terms and Conditions or use of the Site in the courts of the country of your residence or, the country of your principal place of business.