I.GENERAL
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Pen Pencil Group’s relationship with you in relation to this website/mobile and the product which you purchase through this website/mobile . The term ‘Pen Pencil Group’ or ‘us’ or ‘we’ refers to the owner of the website/mobile . The term ‘you’ refers to the user/viewer of our website.
This Agreement is an electronic record in terms of Information Technology Act, 2000, and generated by a computer system and does not require any physical or digital signatures.
II.Pen Pencil FEE
Pen Pencil has arrangement (directly/indirectly) with the universities. Pen Pencil earns after successful enrolment of a student in a University, as per their norms.
III.ABOUT US
The use of this platform and the products purchased on this platform is subject to the following terms of use:
The content of the pages of this platform is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products or information available through this platform meet your specific requirements.
This platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this platform which are not the property of, or licensed to, the operator are acknowledged on the website.No use of the intellectual property owned or licensed to Pen Pencil Group may be used without our prior written authorization
Unauthorised use of this platfrom may give rise to a claim for damages and/or be a criminal offence.
From time to time this platfrom may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
You may not create a link to this website from another platfrom any other lead source, or document without Pen Pencil Group’s prior written consent.
Your use of this platfrom and any dispute arising out of such use of the platfrom is subject to the laws of India or other regulatory authority.
Your use of our products and services provided for herein is solely for your personal and non-commercial use. Any use other than for personal purposes is prohibited. Your personal and non-commercial use of our services shall be subjected to the following restrictions: i) You may not decompile, reverse engineer, or disassemble the contents of our products, or (c) remove any copyright, trademark registration, or other proprietary notices from the contents of our products. ii) You will not (a) use our product or service for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use our products and services in any way that is unlawful, or harms Pen Pencil Group or any other person or entity as determined by Pen Pencil Group.
Pen Pencil Group products and / or services, including the Pen Pencil Group application and content, may not be compatible to all devices. Pen Pencil Group shall not be obligated to provide workable products and / or services for any phones/tablets unless stated otherwise.
Pen Pencil Group or any of its subsidiaries or content partners shall have no responsibility for any loss or damage caused to tablet or phone or any other hardware and / or software, including loss of data or effect on the processing speed of the tablet, those results from the use of our products and services.
In no event will Pen Pencil Group. be liable for damages of any kind, including without limitation, (i) indirect, punitive, special, exemplary, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage, loss of programs or information), or (ii) direct damages in excess of the amount paid to Pen Pencil Group for the product and / or service, arising out of the use of, misuse of or inability to use, or errors, omissions or other inaccuracies in the Site or the products and / or services, or any information provided on the Site. Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, in such instances, some of the above limitations may not apply to the User.
Pen Pencil Group may also contact the user through sms, email and call to give notifications on various important updates. Therefore, User holds Pen Pencil Group non liable to any liabilities including financial penalties, damages, expenses in case the users mobile number is registered with Do not Call (DNC) database.
You hereby indemnify, defend, and hold Pen Pencil Group’s distributors, agents, representatives and other authorised users, and each of the foregoing entities” respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of our product.
In the event of breach of the terms and conditions of this Terms of Use by the User, the User shall be promptly liable to indemnify Pen Pencil Group for all the costs, losses and damages caused to Pen Pencil Group as a result of such a breach.
In the event of your breach of this Terms of Use, you agree that Pen Pencil Group will be irreparably harmed and will not have an adequate remedy in money or damages. Pen Pencil Group therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction immediately upon request. Pen Pencil Group’s right to obtain such relief shall not limit its right to obtain other remedies.
Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to use our products or services. Persons who are minors, un-discharged insolvents etc. are not eligible to use our products or services. As a minor if you wish to use our products or services, such use shall be made available to you by your legal guardian or parents. Pen Pencil Group will not be responsible for any consequence that arises as a result of misuse of any kind of our products or services that may occur by virtue of any person including a minor using the services provided. By using the products or services you warrant that all the data provided by you is accurate and complete and that you have obtained the consent of parent/legal guardian(in case of minors). Pen Pencil Group reserves the right to terminate your subscription and / or refuse to provide you with access to the products or services if it is discovered that you are under the age of 18 years and the consent to use the products or services is not made by your parent/legal guardian or any information provided by you is inaccurate.
The users of this platform shall not host, display, upload, modify, publish, transmit, update or share any information that:
User Communications:
When you send email or other communication to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
a)to another person and to which the user does not have any right to;
b)is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, 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;
c)harm minors in any way;
d)infringes any patent, trademark, copyright or other proprietary rights;
e)violates any law for the time being in force;
f)deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g)impersonate another person;
h)contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i)threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
We respect your right to privacy in respect of any personal information provided to us. To see how we collect and use your personal information, please see our Privacy Policy. The Privacy Policy is a necessary part of this Terms and Conditions and the clauses therein are not repeated here for the sake of brevity.
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under any contract when caused by events that are beyond our reasonable control or on account of force majeure.
IV.TERM & TERMINATION
This Agreement will remain in full force and effect until terminated, for using the platform or purchasing the products in any form or capacity. Provided, we have the right to immediately terminate your access or usage and remove non-compliant information or material, in case of non-compliance with the terms and conditions or our privacy policy
The User shall be obligated to clear any dues with us for any of its Services which you have procured. Pen Pencil Group shall not be liable to you or any third party for any termination of your access to the Services.
V.GOVERNING LAW
The jurisdictional court of New Delhi, India shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the platform or purchase of the products. In case you are from a different country, we retain the right to bring proceedings against you for breach of any of the terms and conditions in your country of residence, country of use or other relevant country. The laws of New Delhi, India govern this Agreement and these terms and conditions of use of the platform or purchase of the products.
Pen Pencil Group accepts no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than that of India, and the mere fact that the platform can be accessed or used in a country other than India will not imply that we accede to the laws of such country.
VI.CONTACT US
If you have any questions or complaints about the online training package, the platform and their contents please contact us at penpencilgroup@gmail.com.
VII.UniConnect's Terms & Conditions
The student agrees to authorise Pen Pencil as his/her agent and help with his/her applications & other admission related services.
The student agrees to change his/her agent to Pen Pencil in case there is another agent already authorised prior to this.
VIII.Pen Pencil Scholarship Terms & Conditions
IX.Inbox
We create custom email IDs to enhance your overall study abroad journey. This ID is used to submit and track your applications to global universities. Alongside, you can receive the latest updates regarding intakes and candidature from top university representatives. Visit the Inbox section in your dashboard or on the app to view and reply to university emails. Pen Pencil has “read-only” access which is used to provide real time updates across all your applications and make your study abroad journey hassle-free. Pen Pencil will not reply to or communicate with the university or any other entity through your ID. Through this email id, we would not be accessing or sending to any third party, any of your personal information without your consent.
X.Handling of Student Financial Awards
Pen Pencil does not collect any remuneration from students that is conditional upon the receipt of scholarships and financial aid monies awarded by partner institutions, or other scholarship awarding organizations.