1.1 We, inter alia, (a) provide Users a platform to customize and design on a product provided by the independent third party service providers on their website/platform (“Service Providers”),( hereinafter referred to as “Primary Service”);
(b) provide access to use Our Website ( hereinafter referred to as “Ancillary Service”).
1.2 Both Primary and Ancillary Services together shall collectively be referred to as “Service”.
2.1 The Website allows the User to use the Services and access the Website.
2.2 Your use of the Website is solely for Your personal, non-commercial use/
2.3 You will not copy or distribute any part of the Website in any medium without Our written authorization.
2.4 You will otherwise comply and adhere with the terms of the Terms and Conditions and Policies.
2.5 We reserves the right to change, modify, alter, improve and update the Services, at any time, at Our discretion, and shall communicate the same to You.
3.1 That You represents that, as on the date hereof, You have the full authority to enter into, execute and deliver this Terms and Conditions and to perform the terms contemplated hereby.
3.2 You shall only have access and use the Services in accordance with the Terms and Conditions and the Policies as enumerated above.
3.3 That You represent that You are and will at all times be, in full compliance with all applicable laws, regulations, rules (including without limitation to all applicable laws regarding online conduct and acceptable content, privacy, data protection as per the applicable laws).
3.4 You shall not use the Services for any unlawful purposes, to sell products unlawfully or in furtherance of illegal activities.
3.5 You shall not infringe or misappropriate the intellectual property rights of any third party.
3.6 User guarantees, warrants, and certifies that You are the owner of the content which You submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to Your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by You in connection with the services rendered by Us.
Should You use and access the Website for a Service, to the full extent permitted under applicable law, You agree that:
4.1 Our use of the Website and Services are made available to the Users on “as is” “where is” and “as available” basis as described in these Terms and Conditions (as amended from time to time) without any express or implied warranty, representations or conditions.
4.2 Your use of the Website shall be at Your sole risk to the fullest extent permitted by law, and We or any of Our affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator disclaim all warranties of any kind, whether express or implied, in connection with the Website and Your Use of the Services thereof.
4.3 We makes no warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to this Website and assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website, (c) any unauthorized access to or use of Our secure servers and/or any and all personal information stored therein, (d) any bugs, viruses, which may be transmitted to or through Our Website by any third party, (e) regarding the reliability, accuracy, completeness, validity or truthfulness of any information, material or other content obtained through use of the Services or Website and (f) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.
4.4 We make no warranties or representation that the Website or Service will be uninterrupted, timely, without down-time, secure or error free or that the defects will be corrected.
4.5 We do not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and We will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. No advice or information, whether oral or written, obtained by You from Us or through or from the Service shall create any warranty not expressly stated in the Terms and Conditions.
4.6 We do not warrant that the servers that make this Website available will be error, virus, contaminant or bug free and You accept that it is Your responsibility to make adequate provision for protection against such threats.
4.7 The Service provided by Us form part of the purchasing process of the Service Provider’s or user’s e-commerce platform and We shall exclusively manage the product customisation part. The purchasing process on the Service Provider’s platform remains regulated by the conditions regulated by the Service Provider. We may not in any circumstances be held liable for any malfunctions of the Service Provider’s platform based on the activities of the Service Provider’s e-commerce service.
5.1 In no event shall We be liable to You in a contract, tort or otherwise for indirect, special, incidental, exemplary, punitive or consequential damages of any kind whatsoever arising out of the use or inability to use the Services provided under this Terms and Conditions, even if You have been advised of the possibility of such damages.
5.2 Our total aggregate liability against Your claims for direct damages shall be limited to the amounts paid by You for the use of such Service(s).
6.1 The User agree to defend, indemnify and hold Us and Our agents, representatives, affiliate, director, officer, employee, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) any breach of the Policies including these Terms and Conditions of this Website, Privacy Policy, EULA (b) any negligence or wilful misconduct by You, or Your employees or agents or Affiliates violation (c) any act or omission by You in violation of its legal, statutory, regulatory or other duties or obligations in connection herewith; (d) and/or violation of any third party right, including without limitation any copyright, property, or privacy right; (e) any claim that another user submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and Your use of the Website.
7. Intellectual Property Rights
7.1 We represent and confirm that any intellectual property rights including, without limitation, any patents, copyrights, trademarks and trade names used in connection with the Website and the Service, as belonging to us, (the “Intellectual Property”) actually so belongs to Us.
7.2 You shall not make use of the Intellectual Property, except in the manner stipulated under these Terms and Conditions and the Policies, except with Our consent.
7.3 You shall not make use of the Intellectual Property for any illegal purpose including acts which are prohibited under the governing law.
7.4 You shall not sell, transfer, commercialize, or permit to be sold, transferred or commercialized, the Intellectual Property supplied to You under the terms of the Policies to any third party.
7.5 You shall not indulge in disassembling, decompiling or unlocking, reverse engineering, or in any manner decoding the Website or Our Software for any reason whatsoever, including copying any features, functions or user interfaces/graphics of the Services.
7.6 You shall not use Our name or any of Our affiliates in any sales or marketing publication or advertisement or make any public disclosure without obtaining Our prior written consent, except as may be legally required.
7.7 You shall not engage in any activity that may adversely affect or prejudice the reputation or Our business.
7.8 Notwithstanding the foregoing, it is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which You may upload, transmit or store when making use of Our various Service. However, with regard to the product customization Service You expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of Your content by third party users, You accept that You would grant Us a non-exclusive license for the use of the same.
8.1 The Website may contain links to third party websites that are not owned or controlled by Us and we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, You specifically release Us from any and all liability arising from Your use of any third-party website.
8.2 While You are visiting or using Our Website, You may be presented with an opportunity to purchase third party products or services. These products and services are offered and supplied by independent companies not owned or operated by Us. If You click on one of the presented offers, You will be redirected to the site of the third party, and any information You provide in response to the offer will be collected and used by the third party and not by Us. Information You provide to the third party and any dealings You have with the third party will be governed by the privacy and other policies of that third party.
9.1 We reserve the right to make changes to the Policies and these Terms and Conditions. Please review the Policies and these Terms and Conditions for updates or changes. Your continued use of the Service(s) and access to the Website shall be deemed Your acceptance of the then current version of the Terms and Conditions.
10. Severability10.1 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of India, then to the extent and within the jurisdiction which that term is illegal, invalid or enforceable, it shall be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
11. Non-Assignment11.1 You shall not assign or transfer or purport to assign or transfer the contract between You and Us to any other person.
12. Governing Law and Dispute Resolution12.1 These Terms and Conditions along with the Policies shall be governed by and construed in accordance with the Indian law. You submit to the exclusive jurisdiction of the Jaipur courts to settle any dispute or claim which may arise under, or in respect of, these Terms and Conditions or other Policies, except where, by law, such dispute or claim must be brought in the jurisdiction in which You are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.
