Welcome to J Pencil’s Terms of Use
This Website is created and operated by J Pencil Private LTD having its registered office at “549,550, Vysial Street, Coimbatore, Tamilnadu, India,641001” represented by its Directors, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).
This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The creator of these Terms of Service ensures your steady commitment to the usage of your platform and the services provided by the company on the Website“www.jpencil.com” (herein after referred to as the “Platform”).
For the purpose of these Terms of Use (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires. “You”, “Your”,“Yourself”, “User” shall mean and refer to natural and legal individuals who shall be Users of this Platform provided by the company and who is competent to enter into binding contracts, as per Indian laws.“Third Parties” refer to any Website, Platform or individual apart from the Users and the creator of this platform. “Platform” refers to the Website created by the Company.
The headings of each section in these Terms or Privacy Policy are only for the purpose
of organizing the various provisions under these Terms and the Privacy Policy in an orderly manner and shall be used by either Party to interpret the provisions contained herein in a manner as may apply to the User. Further, it is specifically agreed to by the Parties that the headings shall have legal or contractual value on the User availing the services from the Platform.
The use of this Platform by the Users is solely governed by these Terms, Privacy Policy and as well as other policies that may be uploaded on the platform the purpose of the Users effective applicability, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you as a User continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions, Privacy Policy and such other policy as that may be available and applicable on the Users of the Platform.
The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
The User unequivocally agrees that these Terms and the aforementioned Policies constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
The Platform is a Passionate & Innovative Technology Start-up founded by Young Entrepreneurs aimed at Promoting handcrafters and artisans to take their business to the next
level with Help of Technology. Further the Platform helps in nurturing an ecosystem of artisans.
Registration is mandatory for all users of the platform. The Registrations shall be deemed complete only upon the user's authentication and verification of the user's details through the mobile or email authentication. You are required to register Yourself on the Platform in order to avail the Platform and the courses listed on Platform. For the purpose registration, the User shall provide the following details on the platforms in order to fill up the registration form. Further, the Platform may release additional features and services on the platform for the users such as Google Plus, Facebook login. The Registrations shall be deemed complete only upon the user's authentication and verification of the user's details through the mobile or email authentication.
Name
Email-ID
Mobile Number
Business Name
GST Number
PAN Number
Product Details such as Name, Description, Image etc.
You can make payment through the Payment options available on the Platform. You can pay with debit or credit card, Net Banking, or UPI. All payments on the Platform are processed through Payment Gateway services provider such as Razor Pay, PayPal, PayU etc.
The Users jointly represents and warrants that they are competent and eligible to enter into legally binding agreements and of age and that they have the requisite authority to bind themselves to these Terms following the Law.
The Users further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The Users may not use the Platform if they are not competent to contract or are
disqualified from doing so by any other applicable law, rule or regulation currently in force.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and the Platform has no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the Platform.
All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
The Users are solely responsible for the integrity, authenticity, quality and genuineness of the content provided on the Platforms and whilst feedback and comments by Users can be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Users or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Platform or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Users have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Users shall not copy, adapt, and modify any content without written permission of the Company.
The Users of this Platform agree to indemnify, defend and hold harmless the Company/Platform, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty,
covenant or agreement made or obligation to be performed according to these terms of use. Further, the User agrees to hold the Company/Platform harmless against any claims made by any third party due to, or arising out of, or in connection with:
User’s use of the Platform,
User’s violation of these Terms and Conditions;
User’s violation of any rights of another;
User’s alleged improper conduct according to these Terms;
User’s conduct in connection with the Platform;
User agrees to fully cooperate in indemnifying the Company and the Platform at the user’s expense. The user also agrees not to settle with any party without the consent of the Company.
In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services or materials contained therein.
The Founders/ Promoters/ Partners/ Associated people of the Company/Platform are not responsible for any consequences arising out of the following events:
If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
If the User has fed incorrect information or data or for any deletion of data;
If there is an undue delay or inability to communicate through email;
If there is any deficiency or defect in the Services managed by Us;
If there is a failure in the functioning of any other service provided by the Platform.
The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the User, the User’s belongings, or to any third party, resulting from the use or misuse of the Platform or any service availed of by the User through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
Users are to comply with all laws applicable to them or their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Platforms.
The Users may terminate their use of the Platform at any time.
The Company may terminate these Terms and close any account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Platform, or any portion thereof, at any time, without notice or cause.
The Platform also reserves the universal right to deny access to particular users, to any/all of are on its Platform without any prior notice/explanation to protect the interests of the Platform and/or other visitors to the Platform.
The Platform reserves the right to limit, deny or create different access to the Platform and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
By using this Platform and providing his/her identity and contact information to the Company through the Platform, the Users hereby agree and consent to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time. (only with users consent)
Users can report to info@jpencil.comif they find any discrepancy with regard to Platform or content-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
The User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any services availed by the User on the Platform or anything pursuant thereto and the Users agrees to indemnify the Company from any harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Privacy Policy.
The User agrees and acknowledges that they are a restricted user of this Platform and that they:
Agree to ensure the Name, Email address, Address, Mobile number and any such other information is valid at all times and shall keep your information accurate and up-to-date.
Users agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. Company reserves the right to close your account at any time for any or no reason.
Understand and acknowledge that the data submitted is manually entered into the database of the Platform. The User also acknowledges the fact that data so entered into the database is for easy and ready reference for the User, and to streamline the Services through the Platform.
Authorize the Platform to use, store or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimisation of User-related options and Services.
Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to
suspension or termination of the User’s access to the Platform. The User acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any liabilities arising concerning such offensive content on the Platform.
Expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the Company and that the Company is in no way responsible for the content of the same. The User may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
Expressly consents to follow the terms and conditions, and policies of the Vendor affiliated with the Company from whom the Users are utilizing services.
The User further undertakes not to:
Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platforms.
Use the Platform or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other third party (s);
Violate any code of conduct or guideline which may apply for or to any particular service offered on the Platform;
Violate any applicable laws, rules or regulations currently in force within or outside India;
Violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;
Further:
The User hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
The User agrees to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
The User agrees not to make any bulk purchase to indulge in any resale activities. In case of any such instances, the Company reserves all rights to cancel the current and future orders and block the concerned User account.
The User agrees to provide authentic and true information. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), the Company shall in its sole discretion reject and debar the User from using the Services available on its Website, and/or other affiliated websites without prior intimation whatsoever.
The User agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any
goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
belongs to another person and to which the User has no right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
is in any way harmful to minors;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the User’s access and/or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/terminate the User’s association
with the Platform, and/or refuse to the usage of the Platform to the User, without being required to provide the User with notice or cause:
If the User is in breach any of these Terms or the Privacy Policy;
If the User has provided wrong, inaccurate, incomplete or incorrect information; If the User’s actions may cause any harm, damage or loss to the other Users or the Company, at the sole discretion of the Company.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, concerning the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The User may not use any of the intellectual property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective Users of the Platform, or that in any manner disparages or discredits the Company/Platform, to be determined in the sole discretion of the Company.
The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company or any other User. The User is aware that the Company merely provides a platform through which the Users can communicate and schedule meetings, and the Company/Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from created graphics and specified content.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon.
It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
The User agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
The User agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liabilities resulting from these.
The Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any associated risks involved with the User’s use of the Platform.
It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
The Parties expressly agree that the Terms of Service, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to info@jpencil.com
MISCELLANEOUS PROVISIONS
invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
The User may avail services through the Platform and the Company shall dispatch the orders placed through booking on the Platform. The time frame for delivery to be completed within the country shall be based on the lead time. Such services shall be placed for delivery through the third-party service provider providing services in user’s city, state.
All the tracking details shall be emailed to the Email Id provided by user on registering on our platform. The user shall have access to these details upon availing the services.
All services on our platform shall be inclusive of all charges as mentioned on the website and final invoice that will be generated. User can also see the tracking details through the AWB number provided.
If the delivery is incomplete or the delivery has not been undertaken, then the User may raise a complaint on our Customer support email Id provided on the Terms of Service and Privacy Policy. We may investigate into the issue and then proceed at the earliest in case of a discrepancy in providing services to user.
All the tracking details shall be SMSed as well as Emailed to the Registered Mobile Number and Email Id provided by user on registering on our platform. User may have access to these details upon availing the services.
All products placed online will be eligible for online tracking with a tracking ID for order by which user can track delivery on the Platform.
We thank you and appreciate your purchase with us. Please read the policy, conditions and process carefully as they will give you important information and guidelines about your rights and obligations as our Customer, concerning any purchase you make through us. The policy concerning the processing of the refund, shall be following the clauses as set forth:
Note that neither the Company nor the Platform shall at any given point of time entertain any request in any manner towards the Cancellation and Refund of the payment made by the user towards the services delivered services to you.
Upon your purchase of the products through the Company’s Platform, you do not have the right to place a return request or process a return request on the Platform. The Company deals in Gold and Silver items and hence, return of the goods or products once delivered is not possible.
You shall not be allowed to return the goods once delivered by the Company under any circumstances whatsoever. The Users may exchange the products the Platform shall provide exchange based on various external factors such as market-rate & wastage as per market standard at the sole cost and expenses of the User as mentioned on the Platform.
If the goods so delivered is damage when received, not delivered or any transaction processing error has happened the User may raise a request for new product by contacting the customer care at support@jpencil.comwithin 24 hours from the delivery of the product.
A return request shall be made only upon the Customer has sufficient proofs for the product to be damaged on delivery or the product so delivered is incorrect.
The Return or the Refund process shall be not be undertaken by the Platform if the Customer or the User does not have sufficient proofs towards the same.
All requests shall be made by the User by emailing to info@jpencil.comwhich will be the official mode of communication with the Platform and the Company. The Company shall waive all other means of communication made.
As a User, you do not have the right to cancel your order upon placing the same. The Company at its sole discretion may cancel any order(s):
if it suspects a User has undertaken a fraudulent transaction, or
if it suspects a User has undertaken a transaction which is not following the Terms of Use, or
in case of unavailability of a service, or
for any reason outside the control of the Company including causes for delivery related logistical difficulties.
if the Company does not want to do business with the User
If a User is not available at the registered address at the time of delivery and if the User is unavailable to pick the call, the order will stand cancelled by the Company.
Further, while all measures are taken to ensure accuracy of service specifications and pricing, the details of the product as reflected on the platform may be inaccurate due to technical issues, typographical errors or incorrect service information provided to the Company by a partner and in such an event you shall be notified as soon as such error comes to the notice of the Company. In such event, the Company reserves the right to cancel your order and refund any money that may have been paid by you towards the purchase of such services or can provide the same package that is bought by you.
The Company maintains a negative list of all fraudulent transactions and non-complying Users and reserve the right to deny access to such Users at any time or cancel any orders placed by them in future.
Welcome to J Pencil’s Privacy Policy
This Website is created and operated by J Pencil Private LTD having its registered office at“549,550, Vysial Street, Coimbatore, Tamilnadu, India,641001”represented by its Directors, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns).
This legal agreement is an electronic record in terms of Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
To provide You with Our uninterrupted use of the platform, We may collect and, in some circumstances, disclose information about you with your permission. To ensure better protection of Your privacy, We provide this notice explaining Our information collection and disclosure policies, and the choices You make about the way Your information is collected and used.
This Privacy Policy shall be in compliance with the General Data Protection Regulation (GDPR) in effect from May 25, 2018, and any and all provisions that may read to the contrary shall be deemed to be void and unenforceable as of that date. If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not use or access the Site. If you have any questions or concerns regarding this Privacy Policy, you should contact our Customer Support Desk at support@jpencil.com
ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED
HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE USER NOR THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
We are committed to respecting Your online privacy. We further recognize Your need for appropriate protection and management of any Personal Information You share with us. We may collect the following information:
Personal data including but not limited to Name, Mobile No, Email Id, and Inquiry details.
Business data including but not limited to Business Name, GST Number, PAN Number etc.
Tracking Information such as, but not limited to the IP address of your device and Device ID when connected to the Internet. This information may include the URL
that you just came from (whether this URL is on the Platform or not), which URL you next go to (whether this URL is on the Platform or not), your computer or device browser information, and other information associated with your interaction with the Platform;
Details of Platform usage for analytics.
This privacy policy also applies to data we collect from users who are not registered as members of this Platform, including, but not limited to, browsing behaviour, pages viewed etc. We also collect and store personal information provided by You from time to time on the Platform. We only collect and use such information from you that we consider necessary for achieving a seamless, efficient and safe experience, customized to your needs including:
To enable the provision of services opted for by you;
To enable the viewing of content in your interest;
To communicate the necessary account and service-related information from time to time;
To allow you to receive quality customer care services and data Collection;
To comply with applicable laws, rules and regulations;
Where any service requested by You involves a third party, such information as is reasonably necessary by the Company to carry out Your service request may be shared with such third party. The Company may also use contact information internally to direct its efforts for service improvement but shall immediately delete all such information upon withdrawal of your consent for the same through the ‘unsubscribe’ button or through an email to be sent to info@jepncil.com
To the extent possible, we provide You with the option of not divulging any specific information that you wish for us not to collect, store or use. You may also choose not to use a particular service or feature on the Platform and opt-out of any non-essential communications from the platform.
Further, transacting over the internet has inherent risks which can only be avoided by you following security practices yourself, such as not revealing account/login related information to any other person and informing our customer care team about any suspicious activity or where your account has/may have been compromised.
The information provided by you shall be used to provide and improve the service for you and all users.
To provide you with services on your request.
For maintaining an internal record.
For enhancing the Services provided.
For maintaining record under the legal and statutory provisions.
For more details about the nature of such communications, please refer to our Terms of Service. Further, your data and Sensitive Personal data may be collected and stored by Us for internal record.
We use Your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information and make further services available to you.
We will not sell, license or trade Your personal information. We will not share your personal information with others unless they are acting under our instructions or we are required to do so by law.
Information collected via Our server logs includes users' IP addresses and the pages visited; this will be used to manage the web system and troubleshoot problems. We also use third-party analytics, tracking, optimization and targeting tools to understand how users engage with our Platform so that we can improve it and cater personalized content/ads according to their preferences.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. If the same is not identified to you, you have the right to request the Company to elucidate the purpose of collection of said personal information, pending the fulfilment of which you shall not be mandated to disclose any information whatsoever.
We will collect and use your personal information solely to fulfil those purposes specified by us, within the scope of the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and with the knowledge and consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
The Platform may include advertisements, hyperlinks to other Websites or resources. We have no control over any other Website or resources or contents available on these other Websites, which are provided by companies or persons other than Us. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising, services/services or other materials on or available from such platform or resources. You acknowledge and agree that We are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, services or other materials on, or available from, such Websites. These external third party Websites and resource providers may have their privacy policies governing the collection, storage, retention and disclosure of Your Personal Information that You may be subject to. We recommend that you enter the Website and review their privacy policy.
Unless subject to an exemption, you have the following rights concerning your data:
The right to request a copy of your data which we hold about you;
The right to request for any correction to any personal data if it is found to beinaccurate or out of date;
The right to withdraw Your consent to the processing at any time;
The right to object to the processing of personal data;
The right to complain about a supervisory authority.
The right to obtain information as to whether personal data are transferred toa third country or an international organization.
Where you hold an account with any of our services, you are entitled to a copy of all personal data which we hold concerning you. You are also entitled to request that we restrict how we use your data in your account when you log in.
You further acknowledge that the Platform may contain information which is designated confidential by us and that you shall not disclose such information without our prior written consent. Your information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for
unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services, and you retain sole discretion to seek for discontinuation of such communications at any point of time.
Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Platform or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their privacy policies. Since we do not control the privacy policies of the third parties, you are subject to ask questions before you disclose your personal information to others.
COOKIES
We use data collection devices such as “cookies” on certain pages of our Website. “Cookies” are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie”. Cookies can also help us provide information which is targeted to your interests. Cookies may be used to identify logged in or registered users. Our Website uses session cookies to ensure that you have a good experience. These cookies contain a unique number, your 'session ID', which allows our server to recognize your computer and 'remember' what you've done on the site. The benefits of this are: a. You only need to log in once if you're navigating secure areas of the site b. Our server can distinguish between your computer and other users, so you can see the information that you have requested. You can choose to accept or decline cookies by modifying your browser settings if you prefer. This may prevent you from taking full advantage of the Website. We also use various third-party cookies for usage, behavioral, analytics and preferences data.
The following are the different types of cookies used on the Website:
Authentication cookies: To identify the user and share the content that he or she requested.
Functionality cookies: For the customized user experience and resuming past course progress. c. Tracking, optimization, and targeting cookies: To capture usage metric on the device, operating system, browser, etc. To capture behavioral metrics for better content delivery. To cater and suggest most suited services and services.
We use Google Analytics to help us to understand how you make use of our content and work out how we can make things better. These cookies follow your progress through us, collecting anonymous data on where you have come from, which pages you visit, and how long you spend on the site. This data is then stored by Google to create reports. These cookies do not store your personal data.
The information generated by the cookie about your use of the Website, including your IP address, may be transmitted to and stored by Google on servers in the United States. Google may use this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for us and providing other services relating to Website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
The Google Website contains further information about Analytics and a copy of Google's privacy policy pages.
Google AdSense is a tool that allows Website publishers to deliver advertisements to site visitors in exchange for revenue calculated on a per-click or per-impression basis. To do this, Google uses cookies and tracking technology to deliver ads personalized to a Website user/visitor. In this regard the following terms are specified to the Users:
Third-party vendors, including Google, use cookies to serve ads based on your prior visits to our Website or other Websites.
Google's use of advertising cookies enables us and our partners to serve advertisements to you based on their visit to our Platform and/or other Websites on the Internet.
You may opt-out of personalized advertising by visiting Ads Settings.
All advertisements of third parties on our Platform are for informative purposes only and neither the Platform nor the Company guarantees or bears liability for the authenticity of the advertisements.
At no point will the Company permit its Competitors to advertise on the Platform
You may visit the links in the advertisements at your own risk or choose to not accept the cookies permitting third parties to display their advertisements.
We may host surveys for survey creators for our platform who are the owners and users of your survey responses. We do not own or sell your responses. Anything you expressly disclose in your responses will be disclosed to survey creators. Please contact the survey creator directly to better understand how they might share your survey responses.
Information collected will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005, any rules made thereunder or any other law for the time being in force.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting and foregoing), we may be forced to disclose information to the government, law enforcement agencies or third parties. Therefore, although we use industry-standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. We do however assure you that any disclosure of your personally identifiable information shall be personally intimated to you through an email sent to your provided email address.
As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed:
External Service Providers: There may be several services offered by external service providers that help you use our Platform. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or permit them to collect information about you, then their use of your information is governed by their privacy policy.
Law and Order: We cooperate with law enforcement inquiries, as well as other third parties to enforce laws, such as intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.
Following registration, you can review and change the information you submitted at the stage
of except Email ID and mobile number. An option for facilitating such change shall be present on the Platform and such change shall be facilitated by the User. If you change any information, we may or may not keep track of your old information. We will not retain in our files information you have requested to remove for certain circumstances, such as to resolve disputes, troubleshoot problems and enforce our terms and conditions. Such prior information shall be completely removed from our databases, including stored ‘back up’ systems. If you believe that any information, we are holding on you is incorrect or incomplete, or to remove your profile so that others cannot view it, the User needs to remediate, and promptly correct any such incorrect information.
We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside the Company. We follow generally accepted industry standards to protect the Personal Information submitted to us and information that we have accessed.
However, as effective as encryption technology is, no security system is impenetrable. Our Company cannot guarantee the security of our database, nor can we guarantee that information you provide won’t be intercepted while being transmitted to the Company over the Internet.
Each paragraph of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall not affect the remaining paragraphs of this privacy policy.
Our Privacy Policy may change from time to time. The most current version of the policy will govern our use of your information and will always be at the Platform. Any amendments to this Policy shall be deemed as accepted by the User on their continued use of the Platform.
To withdraw your consent, or to request the download or delete your data with us for any or
all our services at any time, please email to info@jepncil.com
If you have any questions or concerns regarding this privacy policy, you should contact us by sending an e-mail to please email to info@jepncil.com
Information provided on the Platform may not be accurate and may be provided for promotional purposes of the business.