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TERMS and CONDITIONS

Terms and Conditions

These Terms and Conditions include Penstack.com’s Privacy Statement which is incorporated into these Terms and Conditions by reference. By using Penstack.com, You are indicating your acceptance to be bound by these Terms and Conditions, including the Penstack.com Privacy Statement.

Please read this page carefully. If ‘You’ do not accept the Terms and Conditions stated herein, do not use the Web Site and its services. By using Penstack.com, You are indicating your acceptance to be bound by the provisions of these Terms and Conditions. Penstack.com ("Penstack.com", "Penstack Solutions (P) Ltd,  “Penstack” or the "Company") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on’ You’. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Penstack.com may revise these Terms and Conditions at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on ‘You’.

Users who violate these Terms may have their access and use of the Penstack.com suspended or terminated, at Penstack.com’s discretion.

Your order for purchase constitutes your offer which shall be subject to the Terms and Conditions. We reserve the right to accept or reject your offer, in part or in full. Our acceptance of your order will take place only upon dispatch of the Product(s) ordered. Dispatch of all the Product(s) ordered, may or may not happen at the same time, in such a scenario, only that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to remain an offer to us and we reserve the right to accept or reject such balance order, at our sole discretion.

We reserve the right, at our sole discretion, to limit the quantity of Products purchased per User or per order. These restrictions may be applicable to orders placed by the same account or the same payment instrument, or also to orders that use the same billing and/or shipping address. We will provide a notification to the User should such limits be applied.

Penstack.com is committed to providing competitive prices every day, on everything offered on its Website. In order to ensure competitiveness as well as take cognizance of any inflation or other market changes, Penstack  reserve the rights to update the prices on “Penstack.com” from time to time without any advance notice to the Customers. Customer confirms & agrees to the prices displayed on the website before placing the order.

While we strive to provide accurate Product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a Product until you place an order and we accept the order. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we retain the right, at our sole discretion, to refuse or cancel any orders placed for that Product.

In the event that a Product is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If your credit/ debit/ cash card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit/ debit/ cash card account for such amount.

Any information provided to us during the registration process or otherwise, will be protected in accordance with our Privacy Policy available on Company’s Website “Penstack.com”.

If you use the Website, you are responsible for maintaining the confidentiality of your password and account and any activity that occur in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting us immediately at info@Penstack.com and/or calling us. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability whatsoever.

In order to serve Customers effectively, will send alerts, information, updates including shipment updates etc. to users through SMS, Emails, or phone. Users by registering with us agree and authorize the Company to send such alerts, information SMS’s or Emails.

You also agree and confirm that you will:

  1. provide accurate, current and complete information whenever prompted by the Website or when required by the Website’s registration form (“Registration Data”).
  2. maintain and promptly update the Registration Data to keep it accurate, current and complete at all times. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms and Conditions (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and refuse to provide you access to the Website.
  3. indemnify and keep indemnified Penstack.com from and against all claims resulting from the use of any detail/information/Registration Data that you post and/or supply to the Company. Penstack.com shall be entitled to remove any such detail/information/Registration Data posted by you without any prior notification.
  4. in order to ensure that we are not violating any right that you might have in your Registration Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us to use such Registration Data you have supplied to us.

 

You understand and undertake that you shall be solely responsible for the Registration Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information that:

  1. belongs to another person and to which the User does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harms minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonates another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
  10. creates liability for the Company or cause the Company to lose (in whole or in part) the services of the Company's ISPs or other suppliers;
  11. is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of 'spam' or solicitation; or is illegal in any other way.

The User agrees and understands that Penstack.com reserves the right to remove and/or edit such detail / information. Further, Penstack.com, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information that is contravention of Clause above, shall act within reasonable and statutory timelines and where applicable, work with the User or owner of such information to disable the same. Furthermore, the Company reserves the right to preserve such information and associated records for at least 90 (ninety) days for investigation purposes.

You shall not, directly or indirectly attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.

 

The User represents and warrants that it holds all licenses, consents and governmental approvals including (i) sales tax/value added tax/service tax/excise duty registration; or (ii) a trade license; or (iii) relevant licenses and permits for carrying on retail trade; or (iv) certificate of incorporation or registration as a society or registration as a public trust for its self-consumption, and shall promptly provide copies of the same to the Company, before registration.

We shall have the right to refuse or cancel any orders placed for Products listed at an incorrect price, or containing any other incorrect information or typographical errors at any time before the dispatch of the Products. Penstack.com may not be in a position to accept certain orders for reasons including limitations on quantities available for purchase, or other problems identified by our internal department, in which case, we reserve the right, at our sole discretion, to refuse or cancel such order or any portion thereof. In each case, Penstack.com will provide notification to the User and will process a refund in accordance with the Refund and Return/Replacement Policy.

Penstack.com will not be liable for any failure and/or delay on our part in performing any obligation under the Terms and Conditions and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay shall be result of or arising out of a Force Majeure Event.

The Terms and Conditions shall be construed in accordance with the laws of India. Subject to the following Paragraph (b), the courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of or in connection with the Terms and Conditions.

Any dispute or difference either in interpretation or otherwise, of any provision of the Terms and Conditions, shall be referred to a sole arbitrator who will be appointed by Penstack.com and his decision shall be final and binding. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The seat of arbitration shall be Bangalore.

Notwithstanding anything to the contrary contained in the Terms and Conditions, we reserve, at our sole discretion, our right to seek equitable remedies including by way of injunctive relief before any court of competent jurisdiction.

To the fullest extent permitted by applicable law, we disclaim all warranties, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement in relation to the Products except only as provided in the warranty terms of a Product as given by its manufacturer.

Notwithstanding anything to the contrary contained anywhere in the Terms and Conditions, to the fullest extent permitted under applicable law, the Penstack.com Group will not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website or the Content, in any manner and the maximum liability of the Penstack.com Group for any claim arising hereunder (whether in tort or contract or otherwise), will only be limited to the price received by us against the Products sold.

You agree to compensate, defend, indemnify and hold harmless Penstack.com from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your acts or omissions, which may result in any loss or liability to us or any third party. This clause shall survive the expiry or termination of the Terms and Conditions.

We may terminate the Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to us. You may terminate the Terms and Conditions at any time by informing us in writing through registered post to Penstack Solutions (P) Ltd, Room No. 5, 1E, Industrial Area, Hootagalli, Mysore – 570018, India or email to [info@Penstack.com], that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. Any termination of the Terms and Conditions will not cancel, extinguish or limit in any manner, your obligation to pay for any Product already ordered from the Website or affect any liability that may have arisen under the Terms and Conditions, prior to the date of such termination. Upon any termination of the Terms and Conditions you must promptly destroy all materials downloaded or otherwise obtained from this Website (including copies), whether made under the Terms and Conditions or otherwise.

 If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent and economic impact of the original provision and the remainder of the Terms and Conditions shall continue to be effective.

 Our failure to act with respect to a breach of the Terms and Conditions by you does not tantamount to a waiver of our right to act with respect to subsequent or similar breaches, unless waived in writing by Penstack.com.

 All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Penstack.com or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property and we shall exclusively own all intellectual property rights, titles and interests over the Comments and shall not be limited in any way in the use of the Comments, commercial or otherwise. Penstack.com will be under no obligation (i) to maintain any Comments in confidence; (ii) to pay you any compensation for any Comments; or (iii) to respond to any Comments. Our right to the Comments will survive any termination of the Terms and Conditions.

Penstack.com does not regularly review posted Comments, but reserve the right to monitor and edit or remove any Comments submitted to the Website. You grant the Company the right to use the name that you submit in connection with any Comments. We take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

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