Terms & Conditions

Welcome to MySchoolDepot.com


 

To avail the services offered at www.myschooldepot.com or by any of its affiliates, you must agree to the following terms & conditions.
 

Please read the terms & conditions carefully with terms of use & sale before registering, accessing, browsing, downloading or using the Site. While using any current or future services offered by myschooldepot.com or any of its affiliates, whether or not included in myschooldepot.com website, you will be abide by these Terms & conditions, the guidelines and conditions applicable to such service or business.

 

If at any time you do not agree to these terms & conditions or do not wish to be bound by these terms & conditions, you may not access or use the site and immediately terminate your use of the services. Your Agreement to these Terms & Conditions for availing Service, the Terms & Conditions and terms of use (as may be amended from time to time) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age.

 

THESE WEBSITE TERMS & CONDITIONS ("TERMS & CONDITIONS") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

 

THESE TERMS & CONDITIONS IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND MYSCHOOLDEPOT. THESE TERMS & CONDITIONS WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND MYSCHOOLDEPOT FOR THE USE OF THE WEBSITE. THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

 

General

 

Pen Pencil Pvt Ltd is a company incorporated under the laws of India, with its registered office at Sheel Sadan, Brij Vihar Phase - 2, Nainital Road, Haldwani, Uttrakhand, India and having CIN U74900UR2015PTC001702. Pen Pencil Pvt Ltd is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.

 

These Terms of Use are subject to revision by Pen Pencil Pvt Ltd at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when Myschooldepot last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. Myschooldepot may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.

 

Your Account

 

Protection of Your Account: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You shall be responsible for all activities that occur under your account or password. Use by Children: My School Depot does sell products for children, but it sells them to adults. If you are under age of 18 years, you may use myschooldepot.com only with involvement of a parent or guardian. My School Depot and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

Payment

You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Myschooldepot expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account. Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

 

Communication Policy

 

  • By accepting the terms and conditions the customer accepts that Myschooldepot may send alerts to the mobile phone number and can mail them in their mail id provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.
 
  • Myschooldepot will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Myschooldepot as an alert on the mobile phone number provided during any purchase or cancellation of any order and Myschooldepot shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold Myschooldepot liable for non-availability of the service in any manner whatsoever.
 
  • The customer acknowledges that the SMS service provided by Myschooldepot is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Myschooldepot shall be immediately informed about the same by the customer and Myschooldepot will make best possible efforts to rectify the error as early as possible. The customer shall not hold Myschooldepot liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
 
  • The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. Myschooldepot shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.
 
  • The customer agrees to indemnify and hold harmless Myschooldepot and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which Myschooldepot and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the delay, or cancel of order from Myschooldepot and/or the SMS service provider.
 
  • Customer also agrees to receive information regarding what Myschooldepot perceives to be of their interest based on usage history via SMS, email & phone call. This includes offers, discounts and general information. In case the customer does not want such information, they have to explicitly ask to be excluded.
 
  • By accepting the terms and conditions the customer acknowledges and agrees that Myschooldepot may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their order(s).

 

Terms of Sale

 

In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Seller on the website located at the URL www.myschooldepot.com is referred to as "Buyer" and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer (referred to as "Seller"). These Terms of Sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services ("Products") through the Website from the Seller. These Terms of Sale also contains certain statements and disclaimers made by Pen Pencil Pvt Ltd which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as "You" with its grammatical variations and cognate expressions.

 

The Seller hereby makes an offer to sell the Products listed by Seller on the Website and the Buyer upon agreeing to purchase the Products so listed by the Seller hereby accepts such offer to sell by the Seller. Accordingly, the contract for sale of the Product is be a bipartite contract between Buyer and the Seller. The Buyer understands and agrees that the offer for sale of the Product by the Seller is not an absolute or an un-conditional offer. Such offer to sale by the Seller is subject to repudiation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Seller and Buyer understand and agree that Myschooldepot has the right to cancel any sale transaction, listing or acceptance (i) for any reason in accordance with the Seller Agreement, these Terms & conditions or under any contract or policy between Pen Pencil Pvt Ltd on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.

 

The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller. All prices are inclusive of VAT unless stated otherwise.

 

Delivery of the Product

 

There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Buyer's shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.

 

Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product. Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to Myschooldepot for any loss of any fee or charges that Myschooldepot and its third parties shall have earned from the Seller if such delivery or transaction should have been completed.

 

Return Policy

 

Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product's packaging is not damaged or tampered.

 

The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product. In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. PenPencil Technologies Pvt Ltd shall have the sole discretion to determine the mode of reversal from the above options.

 

Report Abuse:

 

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Myschooldepot.com does not review the contents in any way before they appear on the Website. Myschooldepot.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to reportabuse@myschooldepot.com.

 

Email Abuse & Threat Policy

 

Private communication, including email correspondence, is not regulated by Myschooldepot. Myschooldepot encourages its Users to be professional, courteous and respectful when communicating by email. 

 

However, Myschooldepot will investigate and can take action on certain types of unwanted emails that violate Myschooldepot policies.

 

Such instances:

  • Threats of Bodily Harm - Myschooldepot does not permit Users to send explicit threats of bodily harm.
  • Misuse of Myschooldepot System - Myschooldepot allows Users to facilitate transactions through the Myschooldepot system, but will investigate any misuse of this service.
  • Spoof (Fake) email - Myschooldepot will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us at reportabuse@myschooldepot.com.
  • Spam (Unsolicited Commercial email) - Myschooldepot's spam policy applies only to unsolicited commercial messages sent by Myschooldepot Users. Myschooldepot Users are not allowed to send spam messages to other Users.
  • Offers to Buy or Sell Outside of Myschooldepot - Myschooldepot prohibits email offers to buy or sell listed products outside of the Myschooldepot Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

 

Myschooldepot policy prohibits user-to-user threats of physical harm via any method including, phone, email and on our public message boards.

 

Violations of this policy may result in a range of actions, including:

  1. Limits on account privileges
  2. Account suspension
  3. Cancellation of listings
  4. Loss of special status

 

Governing Law and Jurisdiction

 

These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Haldwani, Uttrakhand shall have jurisdiction, to the exclusion of all other courts.