Standard Terms & Conditions

The Customer’s attention is drawn to the Standard Terms & Conditions as set out below:- These Standard Terms & Conditions (“T&Cs”) apply to the Customer (as specified in the Proforma Invoice/Invoice/Receipt) of SHAKUN & Company (Services) Private Limited, a limited liability company incorporated in India, (hereinafter referred in this T&Cs as “SHAKUN”). The provisions set out below are 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 these T&Cs without any qualifications.

Ownership & Protected Rights

The name and logo of SHAKUN are the property of SHAKUN & 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 & Liability

SHAKUN does not give any warranty whatsoever, including without limitation, as to the availability, accuracy, currency, completeness, correctness, timeliness, or reliability of the Information made available and 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 or 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 nor included in any retrieval system or service for Commercial Usage without the prior written permission of SHAKUN and the payment of a specified fee. Any request for permission may be sent to info@shakun.com and/or info@shakun.co.in. 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 de facto standard format for electronic document distribution. You may download Adobe Acrobat Reader from http://get.adobe.com/reader to view and print the documents.

Payment

The Customer shall be liable to make the payment to SHAKUN for the Subscription or any other service, immediately upon signing this Agreement, in Indian Rupees or any other currency as agreed, by 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 & Termination

SHAKUN will provide the Information for the period specified. 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 and otherwise upon 30 (thirty) days are written notice. Provisions that by their very nature survive termination shall be deemed to survive any termination. In the event 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 to info@shakun.com and/or info@shakun.co.in or through speed post to – Customer Care, Shakun & 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 the Subscription Form. Notices will be deemed to have been served one hour after transmission by e-mail or 7 days after dispatch by post. You must provide 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 in connection with this Agreement or its implementation, SHAKUN and you shall first use all reasonable efforts to arrive at an amicable solution. Failing an amicable solution, all disputes arising in connection with this Agreement shall be finally settled under the Arbitration and Conciliation Act, 1996, by a sole Arbitrator to be appointed by SHAKUN. The venue of Arbitration proceedings shall be New Delhi, India and the language 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 de facto standard format for electronic document distribution.   This Agreement shall be governed by and construed by the laws of India and you hereby submit to the jurisdiction of the courts exercising jurisdiction there. The Customer acknowledges that it has read and fully understood the Standard Terms & Conditions given above which solely govern the provision of the subscription or any other service given by SHAKUN and the Customer unconditionally agrees to be bound by them.

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