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Terms And Conditions

  1. INTRODUCTION
  2. DEFINITIONS
  3. INTERPRETATION
  4. INTRODUCTION AND SCOPE
  5. SERVICES
  6. INTELLECTUAL PROPERTY RIGHTS
  7. USER RESPONSIBILITIES
  8. MODIFICATIONS TO THE SERVICE
  9. ACCOUNT
  10. ORDERING
  11. GENERAL CONDITIONS
  12. LIMITED GUARANTEE
  13. GEOGRAPHIC RESTRICTION
  14. EXCLUSION OF LIABILITY
  15. NO RESPONSIBILITY
  16. THIRD PARTY LINKS
  17. PERSONAL INFORMATION AND PRIVACY POLICY
  18. ERRORS, INACCURACIES AND OMISSIONS
  19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
  20. INDEMNIFICATION
  21. MISCELLANEOUS
 

1. INTRODUCTION

Monkeypen.com (“we,” “us,” or “our”) welcomes you.  

We offer you access to our product and services through our “Website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website. 
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2. DEFINITIONS

  • Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 

  • Product” or “Item” refers to the product or good available for sale on the website.

  • User”, “You” and “your” denotes the person who is accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;

  • Customer” refers to the user who accesses the website and makes the payment for purchasing products and availing services;

  • We”, “us”, “our” and “Company” are references to Monkey Pen Ltd;

  • Website” shall mean and include "https://monkeypen.com, and any successor Website of the Company or any of its affiliates;

  • "Customer Account” shall mean an electronic account opened for the customer for purchasing products and availing various services offered in the website;

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3. INTERPRETATION

  • All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".

  • Words importing any gender shall include all the other genders.

  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

  • All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

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4. INTRODUCTION AND SCOPE

  • Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service. 

  • Eligibility: Certain Service of the Website is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason. 

  • Electronic Communication:When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

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5. SERVICES

At Monkeypen.com, we provide you a meticulously designed website for the availability of free children's books and personalized children's gifts.
We believe that books should be the cornerstone of every childhood and we are committed to making this dream a reality with our "10 Thousand Free Children’s Book Project". The books created as a part of this project will provide children with access to quality books that entertain and educate.

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6. INTELLECTUAL PROPERTY RIGHTS

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The website licensed you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the website and our Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.

Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You must not modify copies of any materials from this Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.  You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.  You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us through our email.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for each and every instance.
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7. USER RESPONSIBILITIES

  • You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;

  • You may not print or download any Content from the Site;

  • You shall not allow to share, copy, adapt, redistribute, reconfigure, modify or create derivate works form the Content of the website.

  • You shall not use or access the Website for collecting any market research for some competing business;

  • You shall not misrepresent or personate any person or entity for any false or illegal purpose;

  • The Content owners sharing or publishing their content to Monkey Pen Ltd shall retain their ownership of the copyrights or other licenses in the Content. You agree not to allow any third party to: resell, redistribute, sublicense, assign delegate or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party except as may be expressly allowed in the terms under which the Content is provided to you;

  • You will not remove or obscure any proprietary rights notices contained in or on the Content.

  • You shall not use the website to send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms and conditions;

  • You shall not distribute any part of this Site, in any medium, without our written authorization;

  • You shall not copy our books or content of our books or make a video, audio, or translate our books for selling and distribution purpose.

  • You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;

  • You will not use any device, scraper or any automated thing to access the Website for any means without taking permission.

  • You will inform us about anything is inappropriate or  you can inform us if you find something illegal;

  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;

  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;   

  • You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and

  • You will let us know about unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
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8. MODIFICATIONS TO THE SERVICE

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. 
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9. ACCOUNT

For accessing the website and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You accept that the details you provide in relation to establishing an account is correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
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10. ORDERING

  • All the purchases from this website shall be governed by our terms and conditions.

  • If you make an Order for buying any product from our website. At the time ordering, while providing your details it is your duty to be careful and warrant that the information provided is true and accurate.

  • Payment mode shall be:

    • Online: Credit Cards and Debit cards;

    • PayPal, Apple pay, Amazon Pay and Shopify payments

  • The Preferred method of payment is PayPal. Credit cards are accepted via PayPal merchant services. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.

  • Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online we will provide you an email to confirm that we have received it.

  • If there is an error in the order confirmation, please contact us immediately by email to art@monkeypen.com.

  • We may refuse or unable to process your order if:

    • Your card or PayPal account does not give authorization for the payment of purchase price.

    • You do not meet the eligibility to order criteria set out above.

  • You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons

  • We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.

  • Refund shall be applicable as per Money Back Guarantee.

  • We take customer feedback very seriously and use it to constantly improve our products and quality of service.

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11. GENERAL CONDITIONS

  • Photographs are for illustration only. Actual products may vary slightly.

  • We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.

  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.

  • The website is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service.

  • We reserve the right for any printing errors on this site as well as final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality and resolution. We always try our best to expose the products as accurately as possible.

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12. LIMITED GUARANTEE

By this Website:

  • We provide an opportunity for you to avail the offered Products and Services from our Website.

  • We do not provide any warranty or guarantee that the products and Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.

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13. GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.
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14. EXCLUSION OF LIABILITY

We take no responsibility for any indirect damage that may result from the product.

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the Monkeypen.com Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Monkey Pen Ltd, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
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15. NO RESPONSIBILITY

We are not responsible to you for:

  • any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or

  • any losses you suffer because the information you put into our website is inaccurate or incomplete; or

  • any losses you suffer because you cannot use our website at any time; or

  • any errors in or omissions from our website; or

  • any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or

  • any unauthorised access or loss of personal information that is beyond our control.

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16. THIRD PARTY LINKS

The Website may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.
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17. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store or otherwise process your personal information as per our Privacy Policy.
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18. ERRORS, INACCURACIES AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
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19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
 
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES;

THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
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20. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
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21. MISCELLANEOUS

SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION
Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.
 
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed in accordance with the Law of England and Wales without giving effect to any principles of conflicts of law. The Courts of England and Wales shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.

CONTACT INFORMATION
If you have any questions about these Terms, please contact us at art@monkeypen.com.
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