Pencil and Monk Design Services LLP, is a limited liability partnership firm incorporated in India (“Pencil and Monk”/“We”/ “Us”/ “Our”) and is engaged in the business of providing personal space designing services using technology such as graphics, visualization effects, etc and also assist in building such designs curated (“Services”) to its clients (who shall hereinafter be referred to as “You”, “Your” “User” as applicable). The Services shall be rendered either through its website at www.pencilandmonk.com (“Website”) or through various mobile applications that are made available to you (“Applications”) from time to time (the Website and Application shall be collectively referred to as “Platform”).
YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS THAT APPLY.
These Terms apply to all visitors, users and others who wish to access or use Platform and/or Services. Please note that We reserve the right to revise this Terms at any time by posting an update to this page. Your continued use of the Platform or Services following the posting of changes to these Terms will mean you accept those changes.
By using the Platform or availing our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at email@example.com.
It is your responsibility to ensure that you have made all necessary arrangements in order to access the Platform. We shall not be responsible for any telephone bills, internet charges or any other costs incurred by you in order to access the Platform.
You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and the other applicable terms and conditions/policies mentioned, and comply with them.
By using the Platform, you represent and warrant that:
You are at least 18 years old;
You have the lawful authority and capacity to contract and be bound by these Terms;
If you are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “you” and “your” as used in these Terms shall refer to such entity;
You will comply with all applicable laws and regulations;
You will not indulge in exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
You shall not transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; and/or
Use your access to the Platform and/or the Services in any manner that you are prohibited to do so under any and all applicable laws and regulations.
These Terms are subject to change at any time without notice. To make sure you are aware of any changes, please review these Terms periodically. Continued use of the Platform after any such changes shall constitute your consent to such changes.
These Terms along with the Bill of Quantities (“BOQ”) provided by us which details the Services set out the entire contract between us and you (the “Client”) and will apply once an appointment has been made to provide the Services.
The trademarks, service marks, and logos used and displayed by us, in any manner on the Platform or in any of the content (excluding content provided by users) are our registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to the Platform’s users, advertisers, or third parties as displayed on the Platform are the owned by such users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.
Such propriety trademarks or logos belonging to us or our suppliers, advertisers, any users or third parties are protected pursuant to applicable laws. All rights are reserved and you may not alter or obscure the such proprietary mark or name or logos, or link to them without our prior approval or the respective owners of such proprietary mark.
All legal rights including intellectual property rights, title and interest in and to the Platform including but not limited to user interface and the applications and codes used to implement the Platform, Services, vests with us. The Platform contains proprietary and confidential information. You agree that you shall not use such proprietary information and other materials provided or used by the Platform, in any way whatsoever except for use of the Platform and the Service in accordance with these Terms. No portion of the Platform shall be reproduced in any form by you.
Kindly note that we shall be permitted to use photographs of your property (if you are our client) which demonstrates the Services provided by Pencil and Monk, for its own marketing purposes.
By accepting these Terms and using the Platform and availing the Services, you agree that you shall defend, indemnify and hold us, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms any applicable law or regulation; (ii) any loss or injury to our representatives resulting from or attributable to your acts or omissions; (iii) misuse of the Platform; (iv) your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you.
Pencil and Monk shall not be liable to you for any unforeseeable loss or damage arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage. Further, neither Pencil and Monk, nor the client shall be liable for any failure to perform its duties under this Terms due to circumstances beyond its control, including without limitation flood, fire or otherwise adverse weather conditions.
To the maximum extent permitted by law, we shall provide the information relating to the Platform and the Services without warranties, guarantees or representations. We shall assume no responsibility and shall not be liable for any loss or damage which may affect your computer equipment or other equipment/property arising out of your use of the Platform or access to or browsing of the Platform.
Under no circumstances will We be liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on the information relating to Services, provided on the Platform. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this Terms or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if We have been advised of the possibility of such damages.
We explicitly disclaim any and all liability for any the following:
You agree not to use the Platform for any commercial or business purposes, and acknowledge that We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR AVAILING ANY SERVICES REMAINS SOLELY WITH YOU.
The content in the Platform is provided to you strictly on an “as is" and “as available” basis. Notwithstanding anything contained in these Terms, We do not make any representation and/or warranties of any kind, express or implied, that the Platform: (i) will perform error-free or uninterrupted, or that We will correct all or any errors or defects (ii) will operate in combination with your devices, or with any other hardware, software, systems or data not provided by us, (iii) will meet your requirements, specifications or expectations, (iv) information/content on the Platform will be updated on a day-to-day basis and (v) is complete, reliable, is of quality, accuracy, has highest standard of security.
Your use of the Platform and/or the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions on the Platform constitute your agreement and intent to be bound by this Terms
YOU EXPRESSLY AGREE THAT YOU’RE USE OF THE PLATFORM AND/OR THE SERVICES, THEIR CONTENT, AND ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In the event that We cancel an appointment for any reason whatsoever, you may either request us to reschedule your appointment or initiate a refund through the Platform. In the event of a refund request, We shall process the same and issue the refund to the original payment method at the earliest possible point in time.
In the event of a cancellation of an appointment by you, for any reason whatsoever, you may either request us to reschedule your appointment to another day, the same being subject to our sole discretion and/or the availability of slots on the given day, or request for a refund.
We may terminate or suspend your account and bar access to Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using the Platform and the Services.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms, their subject matter and any non-contractual disputes or claims are governed by the Indian Laws and you agree to the exclusive jurisdiction of the courts of Chennai, India.
We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, consider this to be necessary.
By clicking on “I Accept” button, you agree and acknowledge that you have read these Terms, understood its contents, and have chosen to execute it on your own free will and these Terms is made in good faith and is fair and reasonable and shall be binding upon you, once executed.
© All Rights Reserved with Pencil and Monk Design Services LLP 2021.