TERMS OF SERVICE AGREEMENT
LAST REVISION: 17/02/2020
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS (Word ‘Product’ or ‘Products’ Mentioned in this agreement represent Digital Products, that can be downloadable) FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.pencildots.com (the “Website”), PENCILDOTS (“Business Name”) offer of products for purchase on this Website, or your purchase of products / services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. PENCILDOTS reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. PENCILDOTS will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. PENCILDOTS encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with PENCILDOTS for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
In these terms of sale, “we” means Pencildots (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
Terms of Offer. This Website offers for sale certain digital products or designs (the “Products”). By placing an order for digital Products through this Website, you agree to the terms set forth in this Agreement.
Pencildots supply content in a downloadable digital format.
Customer Solicitation: Unless you notify our third party call center reps or direct PENCILDOTS sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails, Messages and call solicitations PENCILDOTS and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of future solicitations.
- You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: firstname.lastname@example.org / email@example.com.
- You may send a written removal request to Pencildots, Near JTS, Kodungallur, Kerala, India , pin 680664.
Proprietary Rights. PENCILDOTS has proprietary rights and trade secrets in the digital Products. You can use the digital products for manufacturing & distributing only by based on the Design licence you purchased from PENCILDOTS . PENCILDOTS also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
PRICE & PAYMENT TERMS
Prices for products are quoted on our website.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by any payment method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
REFUND & CANCELLATION POLICY:
Returns or Replace of digital products is not acceptable after the sale. Buyer can contact Pencildots customer care email , If the downloadable link is not received after the payment.
Cancellation of products is only applicable if the payment procedure is not processed.
DELIVERY & SHIPPING POLICY
All product purchases are downloadable digital files and are sent as a link via email to the registered account holder or can be downloaded via your Account in the Transactions page . The provided link will expire within 7 days for Standard No Exclusive Licence & 30 Days for Premium Exclusive designs. You are not able to redownload the design after the expiration of the downloadable link. So its customers’ responsibility to save the purchased products from your side.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. PENCILDOTS does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that PENCILDOTS does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. Any links to third-party websites are provided solely as a convenience to you. PENCILDOTS does not endorse the contents on any such third-party websites. PENCILDOTS is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; PENCILDOTS is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
Posting. PENCILDOTS does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. PENCILDOTS is not liable for any damage or harm resulting from any posts by or interactions between users.
You will release, indemnify, defend and hold harmless PENCILDOTS, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to PENCILDOTS . When PENCILDOTS is threatened with suit or sued by a third party, PENCILDOTS may seek written assurances from you concerning your promise to indemnify PENCILDOTS ; your failure to provide such assurances may be considered by PENCILDOTS to be a material breach of this Agreement. PENCILDOTS will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of PENCILDOTS choice at its expense. PENCILDOTS will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend PENCILDOTS against any claim, but you must receive PENCILDOTS prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
AGREEMENT TO BE BOUND
By using this Website or ordering digital Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Force Majeure: PENCILDOTS will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation: PENCILDOTS may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement: This Agreement comprises the entire agreement between you and PENCILDOTS and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of PENCILDOTS to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law: Kodungallur. This Website originates from Kodungallur, Thrissur, Kerala, India. This Agreement will be governed by the laws of the State of Kerala without regard to its conflict of law principles to the contrary. Neither you nor PENCILDOTS will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Kerala. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: PENCILDOTS reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and PENCILDOTS may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, PENCILDOTS reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until PENCILDOTS chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use : PENCILDOTS makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. PENCILDOTS may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING DIGITAL PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
For More Details:
Registered Office Address:
Pencildots,Door No. 1/236(3), Near JTS Road,
Lokamaleswaram Village,Kodungallur, Thrissur, Kerala, India PIN:680664
Design Studio Address:
Plot No . 47
LVB Nagar, Karur, Tamil Nadu , India 639002
Customer Care Contact :
Email : firstname.lastname@example.org
Email 2: email@example.com
Customer Care num : +91 8113031776, +91 9947789255
Registration Details :
Licence no: 130201011900625
UAN no: KL13A0003531
IPR Trademark No: 3614854