Terms of Use

These terms of use (“Agreement”) are a contract between you and Hindustan Pencils Private Limited, (its associate companies, its administrators, executors and assigns) carrying on its business at 510 Himalaya House, 79 Palton Road, Mumbai-400001, India. There are no other beneficiaries to this contract.
By accessing the Hindustan Pencils Pvt. Ltd. or HPPL website, Create with Nataraj,  https://www.hindustanpencils.com/international/create/, we assume that you have read, understood, and expressly agree to be bound by this agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created account with us (and agree to this agreement at the time you created that account) or whether you simply browse, use, or access our website (and agree to this agreement when you browse, use, or access any part of the website). 
Terms and Conditions of Use 
Please read these terms carefully before using the HPPL website, Create with Nataraj, https://www.hindustanpencils.com/international/create/. By using/accessing this website, we assume that you are in agreement with these Terms of Use, including the Rules of Conduct for Sharing Content set forth below. 
1. Supplemental Terms and Conditions 
This agreement governs the use of the HPPL website in general. More specific and/ or supplemental terms and conditions to govern the website may apply, including but not limited to, a particular contest, software, application, promotional code, service or other activity; availability of certain merchandise, content, programs, or other activities; conditions or other limitations to the HPPL website for users under certain ages; and/or specific terms or restrictions that may accompany certain territories, programs, content, contests, websites, applications or other software. Any supplemental terms and conditions are in addition to this agreement, and, in the event of a conflict, this agreement along with the supplemental terms shall read together and apply as one document. By accessing our HPPL website, Create with Nataraj, https://www.hindustanpencils.com/international/create/, we assume that you agree to the present agreement or applicable supplemental terms and conditions. 
2. Usage Rules 
We reserve our right to withdraw or amend the websites and any service or material we provide on the website. We are not liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website or entire website, to the users. You are responsible for making all arrangements necessary for you to have access to the website and ensure that all persons who access the website through your internet connection are aware of these terms of use and comply with them. To access the website or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the website that all the information you provide to register with the website or otherwise, including but not limited through the use of any interactive features on the websites, is governed by our privacy policy and you consent to all actions we take with respect to your information consistent with our privacy policy. . 
3. Amendments 
We may need to make changes to any portion of this agreement from time to time and for many reasons, including to reflect updates to the HPPL website or changes in law. If we make a material change to this agreement, it will be effective thirty (30) days following  our posting of the amended terms through the HPPL website. You are responsible for periodically reviewing this agreement for updates and amendments. By continuing to use the HPPL website you will be deemed to have read, agreed to and accepted all such amendments. Our Consumer Care customer service representatives are not authorized to modify any provision of this agreement, either verbally or in writing.
4. Third-Party Services or Platforms 
Access to the HPPL website may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third-parties or the products they make available.  You should read the terms of use agreements and privacy policies that apply to such third-party products. If you access a HPPL website using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary of this contract. However, these third-party beneficiaries are not a party to this contract.  You agree that your access to the HPPL website using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. You represent to HPPL that you have read and agreed to those terms.
5. Internet, Browser and System Requirements 
You may need a high speed Internet connection and/or minimum system and/or browser requirements to access and use the HPPL website. You requested to use Google Chrome, Firefox or Safari to access our site for the best experience/results. 
6. Mobile Networks 
When you access the HPPL website through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using certain platforms may be prohibited or restricted by your network provider and not all functions may work with your network provider or device.
7. Consent to Messages 
When you access the HPPL website, you may be given the opportunity to consent to receive communications from us through email, text, and/or mobile push notifications. Standard text and calling rates will apply. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems.  You can opt out of promotional communications by following the “Unsubscribe” directions for emails, through the settings of the HPPL website, or, if via text message, by responding stop. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the HPPL website.
8. App Permissions 
When you access the HPPL website, you may grant certain permissions to us for your device and/or accounts. Most mobile device platforms provide additional information regarding these permissions and how, if possible, to changes your permission settings. By using the HPPL website, you agree to receive automatic website updates (as applicable).
9. Informational and Entertainment Purposes 
You understand that the HPPL website is for your personal purpose, non-commercial use and are intended for informational and entertainment purposes only; the content available does not constitute legal, financial, professional and cannot be used for such purposes.
10. Commercial, Marketing, or Branding Use Prohibited 
Except as expressly licensed, we do not allow usage of the HPPL website, or other HPPL intellectual property, that are commercial or business-related, including used in marketing or branding, or that advertise or offer to sell or promote products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations).
11. Contests and Promotions 
Contests and other similar promotions that you enter on a HPPL website integrated with a third-party website, service, application, platform, and/or content (“HPPL Promotions”) may be subject to official rules and/or conditions that are supplemental to this agreement, and which may provide details governing the HPPL Promotion such as eligibility requirements, entry instructions, deadlines, prize information and restrictions. If you wish to participate in any HPPL Promotion, please first review the applicable promotion official rules and/or conditions. If a HPPL Promotion’s official rules and/or conditions conflict with this agreement, the provisions contained in the official rules and/or conditions govern and control the HPPL Promotion. Your entry in to a HPPL Promotion constitutes User Generated Content and is subject to all provisions of this agreement that govern your submission and our use of your User Generated Content.
12. User Generated Content 
The HPPL website may ask for or allow you to communicate, submit, upload or otherwise make available text, chats, images, audio, video, contest entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. Whether a HPPL website made available by us integrated with a third-party website, service, application, and/or platform, you may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, related to casteism or racism, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership of your User Generated Content; however, you grant us a non-exclusive, sublicensable, perpetual, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights for the full duration of those rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, publicly perform, publicly communicate, make available, and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the HPPL website and on third-party websites, services, applications, and/or platforms), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity. You agree that submission of User Generated Content does not establish any relationship of trust and confidence between you and us, and that you have no expectation of compensation whatsoever. 
You represent and warrant that your User Generated Content conforms to this agreement and that you own or have the necessary rights and permissions including, without limitation, all copyrights, music rights and likeness rights (with respect to any person) contained in the User Generated Content, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by this agreement; and you agree to indemnify and hold us harmless and indemnified from any claims or expenses (including attorneys’ fees) by any third party arising out of or in connection with our use and exploitation of your User Generated Content resulting from your breach of this agreement. You also agree to waive and not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement to waive and not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using the specifically referenced copyrighted works as required for the sole purpose of creating such a work, provided that such license shall be conditioned upon your assignment to us of all rights worldwide in the work you create for the duration of copyright in the User Generated Content, in all formats and media known or unknown to date, including for use on HPPL website and on third party sites and platforms. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We may monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a HPPL website or any other available tools, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this agreement, without prior notice to you. We may terminate/suspend your account and access to the HPPL website if your User Generated Content violates this agreement, including unlawful postings or content, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
However, we do not undertake a duty to conduct a detailed review of all material before it is posted on the website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. 
13. Malware  
You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any HPPL website, webpage/s services, applications, software/s, platforms, and/or content or connected network, or interfere with any person or entity’s use or enjoyment of any HPPL website. You agree not to use any software or device that allows automated manipulation and you agree not to cheat or otherwise modify a HPPL website to create an advantage for one user over another.
14. Electronic Notice 
You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided.  You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
15. Termination or Suspension 
We may terminate or suspend your access to any HPPL website, and/or terminate this agreement subject to the survival of terms as provided below, if required by law, or if we have objective reason to believe you have accessed/used the HPPL website in violation of any provision of this agreement or any supplemental terms, and/or if you engage in or encourage infringement or any other illegal conduct as it relates to your use of the HPPL website.
16. Restrictions on Use of Materials 
You acknowledge that this website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively “Content”), which is generally provided by HPPL or its subsidiaries or by licensors of HPPL. You agree and acknowledge that, notwithstanding that HPPL permits access to the Content and the Content are protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively “Rights”), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. In addition to HPPL and its licensors’ Rights in individual elements of the Content, HPPL owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part except for personal or classroom educational purposes. No other use may be made of the content without the express written permission of HPPL.
17. Third Party Property
You agree that you may upload content to HPPL web sites and software applications, or otherwise transmit on or through this website, only Content (as outlined in the paragraph above) that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Internet. By submitting Content to any “Public Area” (e.g. public chat rooms, bulletin boards, art galleries, sketches, web pages, drawings, discussion groups, etc.) you automatically grant, or warrant that the owner of such Content has expressly granted you, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. By using any features on this website which allow you to post text, photos, graphics or other data (“Content”), you agree that you will not use such features to transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You also agree that you will not transmit any Content that you do not have a right to transmit or any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You also agree that you will not transmit any Content designed to harm another person or to cause damage to any computer system. You acknowledge that HPPL may not screen Content, but that HPPL shall have the right (but not the obligation) in their sole discretion to refuse or move any Content. HPPL shall have the right to remove any Content that violates these terms and may remove and bar any person who violates these terms. You acknowledge and agree that HPPL may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: 
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HPPL, the users of this website, and the public.
18. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall HPPL be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this website, even if HPPL or a HPPL authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall HPPL’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this website.
19. Disclaimer
The materials in this website are provided “as is” and without warranties of any kinds, either expressed or implied. To the fullest extent permissible pursuant to applicable law, HPPL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HPPL does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. HPPL does not warrant or make any representation regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not HPPL) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
20. Unsolicited Submissions 
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
HPPL welcomes comments regarding its website and services. However, HPPL’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by HPPL’s very productive staff are similar to someone else’s creative work. Accordingly, we must ask that you not send us any such ideas. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products and not submit any creative ideas, suggestions or materials. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the ‘Information’), the Information shall be deemed, and shall remain, the property of HPPL. None of the Information shall be subject to any obligation of confidentiality on the part of HPPL, and HPPL shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of any of the intellectual property rights of India.
Unless otherwise specified, the materials on the website are presented for the purpose of promoting products worldwide. HPPL may change, add or delete programs described in this website at any time without notice. This website is controlled and operated by HPPL from its office within the State of Maharashtra, India. 
21. Termination
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all HPPL website(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from HPPL if in HPPL ’s sole discretion if you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this website and any and all other HPPL website(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
22. Other
This agreement shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
23. Copyright Infringement 
HPPL and the Create with Nataraj website,  https://www.hindustanpencils.com/international/create/, respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send us the details at copyright@hindustanpencils.com  or Legal Team, Hindustan Pencils Pvt. Ltd., 510 Himalaya House, 79 Palton Road, Mumbai – 400 001, and provide the following information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
  • A description of the copyrighted work or other intellectual property that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the site.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
24. Violation 
Any attempt to perform any of the restricted actions listed above is a violation of the rights of HPPL and/or the intellectual property rights holder.
25. Binding Arbitration
Proceedings to resolve or litigate a dispute in any forum will be conducted on an individual basis. 
a) The Venue and seat of Arbitration shall be in the City of Mumbai Maharashtra State in India. The Arbitration shall be conducted in English language.
b) If any dispute or difference arising out of or in connection with the present agreement between the parties including any dispute or difference relating to the interpretation of the agreement or any clause thereof or any right, obligation or duty which one party owes to the other party arising or touching this agreement or in connection with the or under this agreement or its conduct or any disputes whatsoever between the parties shall be referred to a sole arbitrator who shall be a Retired Supreme Court or High Court Judge or a Designated Senior Counsel. 
c) The aggrieved party shall give a written notice to the other party recording its intention to refer the dispute/differences for Arbitration. The aggrieved party shall forward to the other party options of any three Retired Supreme Court or High Court Judges or designated Senior Counsel/s who is/are ready and willing to act as an Arbitrator. The other party shall nominate any one person from the options suggested by the aggrieved party. However, if the other party does not desire to appoint any person from the said options then it shall within thirty (30) days from the receipt of options from the aggrieved party forward names of any three Retired Supreme Court or High Court Judges or designated Senior Counsel who are ready and willing to act as an Arbitrator, for being appointed as Sole Arbitrator. 
d) Upon such consensus the nominee shall stand appointed as Sole Arbitrator and will be entitled to enter upon the Reference and adjudicate difference and dispute between parties in terms of the provisions of the Arbitration & Conciliation Act, 1996 and rules there under and any amendment thereto from time to time or re-enactment shall apply. In case of failure of the parties to mutually appoint a sole arbitrator then the arbitrator shall be appointment as per the procedures laid down under the Arbitration & Conciliation Act, 1996 and any amendments thereto.
e) The award of the Sole Arbitrator shall be final, conclusive and binding on all the parties. The Sole Arbitrator shall be competent to decide whether any matter of dispute or difference referred to the Sole Arbitrator falls within the purview of arbitration as provided for above and/or for any matter relating to arbitration under the Arbitration & Conciliation Act, 1996.  
 
26. Additional Provisions 
a) Choice of Forum – You agree that any action at law or in equity arising out of or relating to this agreement that is not subject to arbitration shall be filed, and that venue properly lies, only at Mumbai, in the State of Maharashtra, India and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. 
b) Choice of Law – This agreement is governed by and construed in accordance with the laws of India, without giving effect to any conflict of law principles.
c) Severability – If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
d) Survival – The provisions of this agreement which by their nature should survive the termination of this agreement shall survive such termination, including but not limited to the restrictions, disclaimers, limitations, our rights to use submitted content, and rules regarding dispute resolution in Section 1,2,3,4,13,18,19,20,21,22 & 27 as well as general provisions in this Section 28. 
e) Waiver – No waiver of any provision of this agreement by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.