WEBSITE TERMS OF SERVICE
The website www.scribblepen.com and/or any mobile application which facilitates access to the Scribble Pen website (together, "the website", “we” or “us”) is owned and operated by Scribble Pen, a company registered and operating from San Francisco], California, United States of America. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE ADVISED NOT TO CONTINUE USING THIS WEBSITE ANY LONGER. SCRIBBLE MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE SAME ON THE WEBSITE. YOU AGREE TO REVIEW THIS DOCUMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED AS A CONCLUSIVE ACCEPTANCE OF SUCH MODIFIED TERMS AND CONDITIONS.
PLACING YOUR ORDER
Scribble Pen specializes in designing and manufacturing state of the art smart pens for papers and tablets. Using our website, you will be able to pre-order these smart pens from anywhere in the world and have them shipped to your doorstep. We accept online payment in a secure environment by via credit card. It is your responsibility to ensure that a valid card number and billing address is provided for us to process your payment. All successful transactions shall be followed up by an online receipt via email to the email address provided by you during registration. In case you have any question about the pricing or method of payment, feel free to reach out to our customer support before you make the payment. We accept no liability for any error in any third party payment gateway. In case there is any revision of our fees and service charges, you shall be notified in due time.
SHIPPING: USPS First Class Mail, 3-12 Days.
CANCELLATION AND REFUND POLICY
We take a one-time up-front, non-creditable, non-refundable payment for all confirmed pre-orders, inclusive of shipping charges, as and where applicable. Since our products are currently in the pre-order phase and all user contributed funds collected from these pre-orders will be contributed towards further R&D of the products, we are unable to provide any cancellation or refund of the order amount after your pre-order has been placed and confirmed.
You are pre-ordering a product with ongoing R&D that has not yet been manufactured. While we have taken all possible measures to accurately describe the product and associated terms and conditions, we reserve the right to change and/or update any or all of the above, including but not limited to product price, shipping cost and shipping timeframe any time after receiving your pre-order and before attempting delivery. You will be duly notified of any changes as and when it takes place.
ACCEPTABLE USE OF WEBSITE
As a user, you must not: use our website in any way or take any action that may undermine, disrupt, damage or manipulate the working functionality, performance, availability or accessibility of the website use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity authorize or encourage any third party to generate fraudulent impressions of or fraudulent clicks on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan Horse, worm, keystroke logger, Rootkit or other malicious computer software conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent access or otherwise interact with our website using any robot, spider or other automated means violate the directives set out in the robots.txt file for our website use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing) You must ensure that all the information you supply to us by placing an order through our website, including your name, email address, shipping address and phone number is true, accurate, current, complete and non-misleading.
All contents displayed in the Website are owned and/or licensed by SCRIBBLE and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. By agreeing to these terms and conditions you understand and agree to not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, any material on or from the website, including text, graphics, logos and designs for any purpose whatsoever or allow any third party to do so.
LIMITATION OF LIABILITY
The website is provided in an “as is” basis, and while we try to ensure that all information on the Website is correct and up-to-date, we make no promises to the accuracy or completeness of such information. Under no circumstances will SCRIBBLE any of its directors, shareholders, employees, sub-contractors and agents be liable for any incidental, consequential, or indirect damages (including, but not limited to, physical harm, loss of profits, business interruption, loss of goodwill and the like) arising out of the use or inability of use of the service/ information provided on or downloaded from the website, or any delay in the processing of such information or services. For removal of doubt, this includes situations where there is any failure or delay in performance of any of the obligations under these Terms and Conditions that is caused by events outside our reasonable control (force majeure events). In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the shall in no circumstances exceed the value of your pre-order or $50, whichever is lower.
You agree to indemnify, defend and hold harmless SCRIBBLE, its officers, directors, employees, agents, licensors, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with (a) your use of or inability to use the Website or Services (b) your violation of any terms of these Terms or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. SCRIBBLE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will offer complete cooperation with SCRIBBLE in asserting any available defenses.
The communications between you and SCRIBBLE use electronic means. For contractual purposes, you (a) consent to receive communications from SCRIBBLE in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SCRIBBLE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
This Agreement shall be governed by and construed in accordance with the laws of California. All disputes between the parties as to the validity, execution, performance, interpretation or termination of this Agreement will be submitted to the exclusive jurisdiction of the Courts of California. Each party will bear their own respective legal costs of and incidental to the negotiation, any variation and execution of these Terms and Conditions, and the enforcement or attempted enforcement of respective rights, remedies and powers under the same. Except when specifically mentioned, neither party may assign any right, interest or obligations under these Terms & Conditions without prior written consent of the other party. The failure of either party to require or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance. In the event of the invalidity of any part or provision of this Agreement such invalidity will not affect the enforceability of any other part or provision of this Agreement.