PART A – GENERAL TERMS RELATING TO PLATFORM SERVICES
1.1 You acknowledge that the Platform is an automated web service that allows You to:
(i) customise Products with designs uploaded on the Platform by the Company or other Users/designers (“Designers”) for purchase; and
(ii) upon successfully registering Yourself with the Platform, upload, display and make available Your own designs for print on fabric, wall paper, upholstery, apparels, gift wrapping materials and other textiles products (collectively, “Products”) for production and onward sale to Users or purchase for personal use (collectively, the “Platform Services”).
1.2 Given the automated nature of the service, the Platform is not able to review all content that is uploaded. The Company has not independently verified and does not guarantee the credentials of any Designer or the intellectual property in any of the designs uploaded by the Designers.
1.3 You acknowledge and agree that the description or image of any design uploaded on the Platform may not identically correspond to the design finally printed on the Product purchased by any User, whether in respect of clarity, colours, brightness and/or visual appeal.
1.4 Designers may be required to provide to the Company, at the time of registration and at any time on the Company’s request, with information relating to the designs, any intellectual property therein, whether registered or not and other details requested by the Company. The Company shall have the right to display the design-related information provided by Designers on the Platform. You, the Designer, shall ensure that all the information provided by You is sufficient to give a clear description to the Users of the designs, is complete, accurate and up-to-date, and is not false or misleading in any manner. In the event of any change to such information, You, the Designer shall be required to promptly inform the Company of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You, the Designer, acknowledge and accept that the Company has not independently verified the information. The Company shall in no way be responsible or liable for the accuracy or completeness of any information provided by You, the Designer. If the Company manufactures any Product incorporating the designs uploaded by You, the Designer, it does not indicate that the Company accepts, approves or endorses Your designs or that the designs are consistent with applicable laws or that You, the Designer, is exempt from any liability or damages arising from use of such designs.
1.5 The total price indicated on the Platform for purchase of any Product will be as determined by the Company, and is excluding taxes and other applicable charges as mentioned on the Platform. The prices and Products may change at the Company’s sole discretion. Any booking made by You for a Product through the Platform may be subject to the additional terms and conditions mentioned therein, which You are presumed to have read and accepted at the time of placing the order.
1.6 Title and risk of loss for all Products ordered by You shall pass to You:
(a) if you have opted for our delivery service, then upon delivery of the Product(s) to You;
(b) if you have opted for picking up the Product from one of the locations listed on our Platform, then upon You taking the delivery of the Product(s) at such a selected location; and
(c) if you have opted to use your personal courier service, then upon the said courier service picking up the Product(s) from the Company’s location. It is hereby clarified that, failure of the courier service opted by You to collect the Products from the Company or deliver to You after collecting the Product of the Company shall not tantamount to a grievance against the Company. The Company shall stand absolved of any liability in this regard and You shall not be entitled to any refund or concession from the Company for delivery failure of the courier service.
1.8 As part of the Platform Services provided to You, after purchasing any Product, You agree to provide honest feedback/review about the concerned Product (if required by the Company). All views and opinions expressed on the Platform, are those of the individual Users only, and do not in any way reflect the opinion of the Company.
1.9 The Platform reserves the right to amend or revise the Platform Services from time to time, at its sole discretion.
1.10 You, hereby agree and acknowledge that these terms are applicable to You in addition to any agreement signed by You with the Company for uploading and selling designs on the Platform.
2. Payment Services
2.3 The Company shall mail a payment receipt to Your registered email address and/or send an SMS to your registered mobile number, on completion of a transaction using the payment services. You may print and save copies of these receipts.
2.4 Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your payment card information or internet banking. Particularly, the Company is not liable for any payments that do not complete because: (1) Your payment card or bank account does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit of the payment card account; (2) You have not provided the Company with correct payment card or bank account information; (3) Your payment card has expired; or (4) circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
2.5 The Platform shall not be responsible for any unauthorised transactions conducted on our Platform using Your payment card or internet banking. The Platform shall not be obligated to refund any money to You in such instances.
2.6 Payments made for the Products purchased on the Platform are not refundable beyond the Permissible Period. In case of any dissatisfaction with the design or quality of the Product, You shall first file a formal complaint with the customer service of the Company, prior to pursuing any other recourse. The complaints can be lodged at firstname.lastname@example.org, and upon lodging a compliant You agree to provide complete support to the customer service team with such reasonable information sought by them from You. The decision of the Company on the complaints shall be final and You agree to be bound by the same.
2.7 In case of delays caused in delivery of the Product by the Company on account of ‘force majeure’ events, then You agree and acknowledge that the Company shall not be liable for such delays. In case the ‘force majeure’ event subsists beyond a period of 60 (Sixty) days then the Company shall upon expiry of 60 (Sixty) days refund the payment made by You for the Product and all of Company’s obligations towards You shall cease upon initiating such refund.
The term ‘force majeure’ for the purposes of this Clause 2.7 shall mean and include circumstances beyond the control of the Company, such as acts of God, fire, flood, civil commotion, war, acts of local government or parliamentary authority, strikes by labour/trade unions and such other events beyond the Company’s control.
PART B - GENERAL TERMS RELATING TO PLATFORM
1. Use of Platform
2. Eligibility to Use
2.1 The Platform Services are not available to minors under the age of 18 (eighteen) years or to any Users suspended or removed by the Company for any reason whatsoever. If You do not conform to the above qualification, You shall not be permitted to avail of the Platform Services or use or register on the Platform. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Platform Services under the applicable laws.
2.2 The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
2.3 You shall not have more than one active Account (as defined hereinafter) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
3. User Account, Password, and Security
3.1 In order to upload, display and make available Your own designs on the Platform, You will have to register on the Platform and create an account (“Account”). If you are using the Platform on a compatible mobile or tablet, you will have to install the application and then proceed with registration. You agree to provide details about Yourself, including Your name, address, contact details, and/or description of the design uploaded on the Platform.
3.2 You shall ensure and confirm that the Account information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, You shall promptly update Your Account information on the Platform. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Platform (or any portion thereof) at its discretion, in addition to any right that the Company may have against You at law or in equity, for any misrepresentation of information provided by You.
3.3 You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify the Company of any unauthorized use of Your Account information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by the Company or any other user of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential.
3.5 Use of another User’s Account information for availing the Platform Services is expressly prohibited.
4. User Representations and Obligations
4.3 You agree to not engage in activities that may adversely affect the use of the Platform by the Company/other Users.
4.4 You agree not to access (or attempt to access) the Platform and the materials or Platform Services by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
4.5 You acknowledge and agree that by accessing or using the Platform or Platform Services, You may be exposed to content from others) that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.
4.6 If the Platform allows You to post and upload any material on the Platform, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. All material added, created, uploaded, submitted, distributed, or posted to the Platform by You is Your sole responsibility.
4.7 You, the User and/or the Designer, hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, modify, reproduce, disclose, distribute, translate and otherwise fully exploit any such material, in connection with the Platform Services and the Company’s (and the Company’s successors’ and assigns’) businesses, including without limitation, to sell Products containing such designs and for promoting the Platform in any media formats and through any media channels. You represent and warrant that You have all rights to grant such licenses to the Company without infringement or violation of any Third Party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
4.8 Further, You undertake not to:
(i) Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
(ii) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(iii) Publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatever; or that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
(iv) Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
(v) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
(vi) Engage in any activity that interferes with or disrupts access to the Platform or the Platform Services (or the servers and networks which are connected to the Platform);
(vii) Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Platform Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
(viii) Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or Platform Services or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
(ix) Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
(x) Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.
(xi) Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
(xiii) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(xiv) Violate any applicable laws or regulations for the time being in force within or outside India;
(xv) Violate anyone’s right to privacy or personality;
(xvii) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
4.10 You agree that the Company may, at any time, modify or discontinue all or part of the Platform, charge, or offer opportunities to some or all Users.
5. Use of Content
5.1 Except as expressly indicated herein, the Company hereby grants You a non-exclusive, freely revocable (upon notice from the Company), non-transferable access to view and print (not save or download) any content available on the Platform, subject to the following conditions:
(ii) You may not modify or alter the content available on the Platform;
(iii) You may not distribute or sell, rent, lease, license or otherwise make any content on the Platform available to others; and
(iv) You may not remove any text, copyright or other proprietary notices contained in the content downloaded from the Platform.
5.2 The rights granted to You in the content as specified above are not applicable to the design, layout or look and feel of the Platform. Such elements of the Platform are protected by intellectual property rights and may not be copied or imitated in whole or in part.
6. Usage Conduct
6.1 You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Platform.
7. Intellectual Property Rights
7.1 Subject to Section 8 below, the Platform and the processes, and their selection and arrangement, including but not limited to, all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
7.2 The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. You are not permitted to use the Marks without the prior consent of the Company, or the Third Party that may own the Marks.
7.3 Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company.
8. Third Party Content
8.2 In case of any dispute between You and another User or a third party in relation to Third Party Content, the Company urges You to contact the User or third party to resolve the dispute amicably. You can report disputes with other Users to email@example.com. The Company shall not and is not required to mediate or resolve any dispute or disagreement between You and the other Users or third parties.
9. Disclaimer Of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
9.2 THE COMPANY WILL HAVE NO LIABILITY RELATED TO ANY USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
9.3 THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PLATFORM OR ANY PLATFORM SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
9.4 THE COMPANY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE PLATFORM IS CORRECT, BUT THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, OR PLATFORM SERVICE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY'S CONTROL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
10. Indemnification and Limitation of Liability
10.2 In no event shall the Company, its officers, directors, consultants, agents and employees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with (i) Your use of or access to the Platform, Platform Services or content on the Platform; or (ii) Your use of or access to designs uploaded by Designers.
10.3 The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
12.2 The Company may, at any time, with or without notice, terminate Your Account and/or prevent Your use of the Platform or Platform Services, if:
(ii) The Company is required to do so by law (for example, where the provision of the Platform Services to You is, or becomes, unlawful or upon receiving request for termination by law enforcement or other government agencies);
(iii) The provision of the Platform Services to You by the Company is, in the opinion of the Company, no longer commercially viable or in any way detrimental to the Company, its business or the Platform; or
(iv) The Company has elected to discontinue, with or without reason, access to the Platform, Platform Services or any part thereof.
12.3 The termination of Your Account or prohibition of use of the Platform shall not relieve You of any liability that You may have incurred or may incur in relation to use of Platform Services provided prior to such termination.
12.4 The Company shall not be liable to You or any third party for any termination of Your Account, prohibition of use of the Platform or Your access to the Platform and Platform Services.
12.5 If You or the Company terminate Your use of the Platform, the Company may delete any content or other materials relating to Your use of the Platform or the Platform Services and the Company will have no liability to You or any third party for doing so.
13. Governing Law
14. Report Abuse
15.1 You hereby expressly agree to receive communications by way of SMS and/or e-mails from the Company relating to the Platform Services provided through the Platform.
15.2 You can unsubscribe/ opt-out from receiving communications from the Company through SMS and e-mail anytime by visiting firstname.lastname@example.org.
16. General Provisions
17. IP Infringement
If You believe the Platform or any of the Platform Services violates Your intellectual property, You must promptly notify the Company’s agent in writing at [email@example.com]. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
(i) the intellectual property that You believe is being infringed;
(ii) the item that You think is infringing and include sufficient information about where the material is located on the Platform;
(iii) a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
(iv) Your contact details, such as Your address, telephone number, and/or email;
(v) a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and