Standard Terms and Conditions
The Customer's attention is drawn to the Standard Terms and Conditions as set out below:-
These Standard Terms and Conditions (“T&Cs”) apply to the Customer (as specified in the Proforma Invoice/Invoice/Receipt) of Shakun and Company Services Private Limited, a limited liability company incorporated in India (hereinafter referred to in this T&Cs as "Shakun"). The provisions set out beloware the only Standard Terms and Conditions agreed upon between you and Shakun. Any document or communication in variance or repugnant with these shall not be valid unless signed by the Directors of Shakun. By Subscribing to Shakun, the Customer is deemed to have agreed to theseT&Cs without any qualifications.
Ownership and Protected Rights
The name and logo of Shakun are the property of Shakunand Company Services Private Limited. You are not permitted to use, reproduce, or allow anyone to use or reproduce these trademarks for any reason or purpose. Unless otherwise stated, the copyright and similar rights in all material or information published by Shakun are owned by Shakun or its licensors.
Disclaimer and Liability
Shakun does not give any warranty whatsoever, including without limitation, regarding the availability, accuracy, currency, completeness, correctness,timeliness, or reliability of the Information made available. Shakun expressly disclaims (to the maximum extent permitted in law) all liability for any direct or indirect damage or loss resulting from the use of or reliance on the information or the contents provided therein. Through these T&Cs, the Customer acknowledges that every business decision, to some degree or the other, represents the assumption of risk and that Shakun, in displaying the information, does not and cannot underwrite or assume the Customer's risk, in any manner whatsoever. The Customer, therefore, agrees that Shakun to the full extent permissible at law, shall not be liable to the Customer in any manner for any direct or indirect loss or injury arising out of or caused, in whole or in part, by Shakun's negligent or other acts of omission or commission in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the information or its contents, or in otherwise performing its obligations under these T&Cs, whether or not any such matter amounts to a fundamental breach of these T&Cs.
Further, Shakun shall not be liable, at any time, for special, incidental, exemplary, or consequential damages (including, without limitation, damages for loss of business projects or loss of profits), even if advised of the possibility of such damages, arising in contract, tort or otherwise from the use of the information or its contents, or any acts or omissions arising as a result of the use of the Information or for any failure of performance, error, omission, interruption, defect or delay in the activities undertaken by third parties as a result of reliance on the contents of the Information.
Shakun does not give any warranty or other assurance as to the operation, quality, or functionality of its website or its fitness for any particular purpose. Access to its website may be interrupted, restricted, or delayed for any reason. Similarly, Shakun does not give any warranty or other assurance as to the content of the material appearing on its website, its accuracy, completeness, timeliness, or fitness for any particular purpose. No warranty is made that all relevant latest information shall be made available on the website.
Indemnity
The Customer agrees to hold harmless and indemnify Shakun and its officers, agents, employees, or partners, from and against any third-party claim that is settled or compromised, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney's fees of every kind and nature, arising from or in any way related to the Information or from any breach of these T&Cs by the Customer, its employees, and its agents.
Terms of Use
(i) Limited Permission to Copy
You are permitted to use, print, or download extracts from the information provided by Shakun for your personal professional/occupational use only. None of this material may be used for any commercial or public use (“Commercial Usage”), which primarily comprises usage for the further commercial publishing business, as has been more specifically defined in the Shakun Commercial Usage Agreement, and which document is incorporated herein by way of reference. No part of the Information or any of its content may be reproduced, stored in, or transmitted to any other website for Commercial Usage. No information provided by Shakun may be disseminated in any form, either electronic or non-electronic, or included in any retrieval system or service for commercial usage without Shakun's prior written permission and the payment of a specified fee.
Any request for permission may be sent toinfo@Shakun.co.inand/orinfo@Shakun.com. Any violation of this clause and /or the Commercial Usage Agreement shall make you liable for paying such damages as may be claimed by Shakun, apart from the Compensation/fees as has been or may be set out by Shakun under the Commercial Usage Agreement; this shall be without prejudice to any other right or remedy that Shakun may have under any law or otherwise.
(ii) E-transmission (E-mail) of Information/Documents
The information/documents will be sent to you only by e-mail and will be in noneditable Portable Document Format (PDF), a standard format forelectronic document distribution. You may download Adobe Acrobat Reader from http://get.adobe.com/readerto view and print the documents.
Payment
The Customer shall be liable to payShakun for the Subscription or any other service immediately upon signing this Agreement in Indian Rupees or any other currency as agreed, according to the payment terms specified in the Order Form, Quotation, Invoice, Receipt, and/or Proforma Invoice, and it/they shall not make any set-off against Shakun.
Duration and Termination
Shakun will provide the information for the specified period. Unless terminated earlier, these T&Cs, shall renew automatically every 12 (twelve) months on the same or mutually agreed commercial terms, unless notified by the Customer otherwise. Shakun may terminate this arrangement at any time and without prior notice in the event of a breach of these T&Cs by the Customer.Otherwise, either party may terminate the arrangement by providing thirty (30) days’ written notice. Provisions that, by their very nature, survive termination shall be deemed to survive any termination.
If the Customer materially breaches any of these T&Cs, Shakun shall be entitled to (i) immediately terminate these T&Cs; and/or (ii) suspend, restrict or prohibit access to the information.
In case of an earlier Termination, no advance subscription fee shall be refunded to the Customer.
Notices
You may serve a notice to Shakun for these T&Cs by sending it through e-mail toinfo@Shakun.co.inand/or info@Shakun.comor through speed post to – Customer Care,Shakunand Company Services Private Limited. Shakun may serve a notice on you by sending it to your e-mail address or the postal address appearing on theSubscription Form. Notices will be deemed to have been served one hour after transmission by e-mail or 7 days after dispatch by post. You mustprovide Shakun with complete and accurate registration information and update your information if it changes.
Governing Law
If any difference of opinion or dispute would arise between Shakun and you inconnection with this Agreement or its implementation, Shakun and you shall firstuse all reasonable efforts to arrive at an amicable solution. Failing an amicablesolution, all disputes arising in connection with this Agreement shall be finally settledunder the Arbitration and Conciliation Act, 1996, by a sole Arbitrator to be appointedby Shakun. The venue of Arbitration proceedings shall be New Delhi, India and thelanguage of Arbitration Proceedings shall be English.
Refund and Cancellation Policy
Order, once placed, cannot be canceled, and payment will not be refunded.
Shipping Policy
The information/documents will be sent to you only by e-mail and will be in noneditable Portable Document Format (PDF), a standard format forelectronic document distribution.
This Agreement shall be governed by and construed by the laws ofIndia, and you hereby submit to the jurisdiction of the courts exercisingjurisdictionthere.
The Customer acknowledges that it has read and fully understood theStandard Terms and Conditions given above, which solely govern the provisionof the subscription or any other service given by Shakun, and the Customerunconditionally agrees to be bound by them.
