Last updated on 28/09/2018
THIS TERMS OF USE IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER THE INFORMATION TECHNOLOGY ACT, 2000; WHICH REQUIRE PUBLISHING OF THE PRIVACY POLICY FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.
PLEASE READ THIS TERMS OF USE CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE, AND CONSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO FINDMEASUV.IN AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF THE INFORMATION TECHNOLOGY ACT, 2000.
The use of any product, service or feature (the “Materials”) available through www.pay4printz.com (hereinafter referred to as “Website”) is owned by pay4printz services Pvt ltd, a company incorporated under the Companies Act, 2013 with its registered office at 154 GRD Towers AA block, first-floor 3rd avenue Anna Nagar Chennai -40, Tamil Nadu India (hereinafter referred to as “Pay4printz”).
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who visits or uses the Website. Pay4printz allows the User to surf the Website without registering on the Website. The term “We”, “Us”, and “Our” shall mean Pay4printz Services Private Limited. Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. Use of the Website shall subject You to the policies that are applicable to the Website. By mere use of the Website, you shall be contracting with ay4printz services Pvt. ltd and these terms and conditions including the policies constitute Your binding obligations, with Pay4printz. This Website, including all Materials present (excluding any applicable third-party materials), is the property of Pay4printz and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in Your use of this Website and to prevent any unauthorized copying of the Materials. Pay4printz does not grant any express or implied rights under any patents, trademarks, copyrights, or trade secret information. When you use any Materials provided by us through the Website including but not limited to (e.g. customer comments and social actions) you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time and without any prior written notice to you. It is your responsibility to review the ToU periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website. ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Pay4printz Policies (including but not limited to Privacy Policy available on Privacy Policy as amended from time to time.
User Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, of 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, of 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not use the website. As a minor, if you wish to use the website, such use may be made by your legal guardian or parents on the Website. Pay4printz reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Pay4printz’s notice or if it is discovered that you are under the age of 18 years.
Your Account And Registration Obligations
If You use the Website, you shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
Communications
When You use the Website or send emails or other data, information, or communication to us, you agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by other modes of communication, electronic or otherwise.
Third-party content: The Website makes information from third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information, and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by Pay4printz. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by Pay4printz or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold Pay4printz, any business offering products or services through the Website or any provider of Third Party Content liable for any investment decision or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
By using any Third Party Content, you may leave this Website and be directed to an external website, or to a website maintained by an entity other than Pay4printz. If You decide to visit any such site, you do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. Pay4printz makes no warranty or representation regarding and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Pay4printz or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Pay4printz or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of Pay4printz and Pay4printz is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Pay4printz is not responsible for webcasting or any other form of transmission received from any linked site. Pay4printz is providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by Pay4printz in any manner of the website.
Posting On The Website
Pay4printz does not claim ownership of the materials You provide to Pay4printz (including feedback and suggestions) or post, upload, input, or submit to any section of the Website, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting (“Posting”) Your Submission You are granting Pay4printz, its affiliated companies, and necessary sub-licensees permission to use Your Submission in connection with the operation of their business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.
You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your Submission by Pay4printz, as provided herein. Pay4printz shall be under no obligation to post or use any Submission You may provide and Pay4printz shall remove any Submission at any time at its own sole discretion. By Posting a Submission You hereby warrant and represent that You own or otherwise control all of the rights required under worldwide law for Your Submission as described in these Terms of Use including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
Intellectual Property
Non-Infringement Policy
You may not post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner or rights holder. We respect the intellectual property of others, and we ask our customers to do the same. By using our Site, you are representing that you have the necessary rights to lawfully use the copy, design, and images in your order without infringing the intellectual property rights of third parties. You also recognize that subject matter does not have to bear a copyright notice in order to be protected by copyright law, so the absence of such notice does not necessarily assure a right to reproduce. You further warrant that no copyright notice has been removed from any material used in preparing your Content for reproduction. You agree to indemnify and hold Pay4printz and our subsidiaries, affiliates, officers, agents, business partners or employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, or transmit through our Site.
Our Proprietary Rights in Site Content.
You acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, templates, maps, designs, icons, written and other material, and compilations (collectively, "Site Content") are intellectual property and copyrighted works of Pay4printz, its licensees, and/or various third-party providers ("Providers"). Reproductions or storage of Site Content in all forms, media, and technologies now existing or hereafter developed, is subject to the Indian Copyrights Act. No Site Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Pay4printz’ prior written permission.
Pay4printz Infringement Verification - Reporting Listing Violations
Pay4printz has put in place the Pay4printz Infringement Verification process so that intellectual property owners could easily report listings that infringe on their rights. It is in Pay4printz's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
If you are a Verified Rights Owner and want to report a listing issue, contact us. Note: Only the intellectual property rights owner can report potentially infringing products or listings through Pay4printz Infringement Verification. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.If your listing was removed through Pay4printz Infringement Verification, and you believe that your listing was removed in error, please contact us.
Pay4printz does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Pay4printz is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Pay4printz. Pay4printz Infringement Verification works to ensure that item listings do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. Pay4printz Infringement Verification participants have the ability to identify and request the removal of allegedly infringing products and materials.
Order Policies
Requirements concerning the print data and printed products You must ensure that the print data meet our technical print specifications. The relevant print specifications are stated on the respective product page. The specifications stated there will become part of the contract. The print data and the printed products produced on their basis must not:
violate any applicable law or regulation;
injure any third-party rights and claims, in particular copyrights, and
lead to a situation in which the execution of the print order will be violating such provisions, rights, and claims.
Pay4printz also reserves the right to cancel orders if the content to be printed is found to be offensive or defamatory in nature.
In case of violation of third-party rights through execution of the print order, you will indemnify us against any claims and damages resulting thereof asserted against us and the costs for legal defense upon proof. Our right to cancel orders in compliance remains unaffected.
Additional options
When ordering brochures and catalogs, you have the chargeable additional option to send primary products for correction. In this case, production only starts after you have confirmed the contractual status and finally released the print data. Another chargeable additional option is a data check. Within the scope of this data check we check your print data with regard to resolution, bleed, data format, and font embedding. We do not check the print data for spelling and typographical errors, color reproduction, or adherence to the maximum color application of 300 %. We do not check the overprint settings and positioning of folds and perforation lines because they may be pertinent to design considerations. Please note that we do not assume any liability for circumstances outside the scope of our data check. More information is available in our online shop at Print Files.
No Liability for Dissatisfaction or Errors
Pay4printz is not liable for dissatisfaction or errors in a final product caused by any of the following reasons:
Spelling, punctuation, and grammatical errors
Low-resolution or low-quality graphics and
Damaged fonts
Minor color inaccuracies
Transparency issues
Overprint issues
Artwork files that are not created within our specifications
Variances in color from the conversion of Pantone or RGB colors to CMYK
Errors in user-selected options such as size, quantity, paper and finish
Duplicate orders submitted by the User
Incorrect files uploaded
Incorrect file orientation
Cracking on folds
Cutting variances
Incorrect or undeliverable shipping address
Damage to products after delivery to the User
User is responsible for reviewing their files and correcting any
Issues prior to placing the order.
Delivery
Shipping
We only deliver by way of shipping; collection by the customer is not possible. We deliver to the entry of the building at the stated delivery address. Information on the delivery area is available in our online shop at Shipping > Shipping information.
Delivery times
Our delivery times depend on the time of receipt of the print data, the production time, and the shipping time as well as – if using the advance payment option – the time of receipt of the payment. More information on the delivery time is available on the respective product page. With regards to listed delivery periods, working days refer to Monday through Saturday, excluding Sundays and public holidays.
The passing of risk and transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and promptly contact us so that we can offer you a solution in a timely manner. Your failure to complain or to contact us has no consequences whatsoever for your claims. However, you can thus help us assert our own claims against the carrier or transport insurer.
Prices And Payment
Price validity, currency The prices indicated at the time of order placement apply. Special offers and vouchers cannot be redeemed if your account is in arrears. If you wish to order print runs exceeding the selectable quantities, you can raise a request without obligation regarding feasibility, price, order, and delivery in our online shop using the “Price Inquiry” form at Contact. The purchase price is charged in Indian Rupees (INR) and payments are accepted in INR only.
Shipping costs
Shipping costs depend on the region where the order should be sent to. You can see the exact amount of shipping costs after entering your zip code on the product page in our online shop. If we have to send the goods once again to you, for reasons you as the customer are responsible for, you will bear the costs incurred for that. The same applies if the delivery address is changed at your request after the formation of the contract and this leads to higher shipping costs or causes additional costs (e.g., if the change is made after shipping of the goods).
Payment options and maturity
The payment options indicated at the time of order placement apply. There is no claim to a specific payment option. All the information and fees are available in our online shop at Shipping > Payment options. Unless otherwise agreed, payment is due upon formation of the contract. If the advance payment option is selected, the term of payment is two weeks after conclusion of the contract. Please note that production will only be started after receipt of the payment.
Invoicing
We send the invoice to you after shipping the goods, in electronic form (PDF) format to the e-mail address stated at the time of order placement. You can also view invoices in your customer account. We do not issue any paper invoices. Invoices are issued to the name of the beneficiary stated at the time of order placement. To comply with applicable law in some jurisdictions, we may not be able to grant subsequent requests to re-issue invoices to a different recipient, or for other changes to invoices that are not based on an incorrect address transfer.
Cancellations
We reserve the right to cancel your order, close your account, and/or refuse service if: • you are in default with the transfer of your print data despite a corresponding e-mail reminder; • you are in default with the payment of the purchase price despite a corresponding e-mail reminder; • there is a reasonable suspicion that the print data or printed products contain forbidden contents • there is a reasonable suspicion that the print order is placed in the name of a banned organization. •
Reservation of title
Until complete payment, the goods remain our property. The following applies additionally to business customers: We reserve the title to the goods until complete payment of all debts from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance any claims resulting from this resale – regardless of a combination or mixing of the reserved goods with a new item – in the amount of the invoice and we accept this assignment. You remain entitled to recover the debts; however, we may recover debts ourselves if you do not fulfil your payment obligations.
Dispute Resolution
Governing Law / Jurisdiction
This Agreement (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the State of New York, without regard to choice or conflicts of law principles. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts in State of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Chennai
Mediation and Arbitration
You and the Company agree that all disputes, controversies or differences that may arise between the parties hereto, out of or in relation to or in connection with these Terms and Conditions ("Dispute(s)"), and that cannot be resolved between the parties, shall be submitted first to non-binding mediation. If the Dispute is not resolved through such mediation, then the Dispute shall be submitted for binding arbitration in Chennai in accordance with the Arbitration and Conciliation Act, 1996. You understand and hereby agree that Disputes shall be arbitrated on an individual basis and that there shall be no right or authority for any Dispute to be arbitrated on a class action basis or in any other representative capacity on behalf of other persons similarly situated. In addition, Disputes brought to arbitration pursuant to these Terms of Use may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration result is to be given preclusive or precedential effect as to issues or claims in any Dispute with anyone who is not a party to the arbitration.
Disputes (Resolutions) Policy
Overview
Generally, transactions are conducted smoothly on Pay4printz. However there may be some cases where both the Buyers and Sellers may face issues. At Pay4printz, we have a Dispute Resolution process in order to resolve disputes between Buyers and Printers.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement, the Buyer can write to cs@pay4printz.com, while the Seller can write to ss@pay4printz.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes: 1. Wrong item received 2. Item Not as described • Physically Damaged or Seal broken on Product • Seller/Buyer Description/Specification Wrong • Faulty or Defective (Functional issues) In case the Seller rejects the return or replacement request of the Buyer, and Buyer raises a dispute, then Pay4printz will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a replacement or a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is not entitled to any replacement or refund.
Email Abuse & Threat Policy
Private communication, including email correspondence, is not regulated by Pay4printz. Pay4printz encourages its Users to be professional, courteous and respectful when communicating by email. However, Pay4printz will investigate and can take action on certain types of unwanted emails that violate Pay4printz policies. Such instances: Threats of Bodily Harm - Pay4printz does not permit Users to send explicit threats of bodily harm. Misuse of Pay4printz System - Pay4printz allows Users to facilitate transactions through the Pay4printz system, but will investigate any misuse of this service. Spoof (Fake) email - Pay4printz 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. Spam (Unsolicited Commercial email) - Pay4printz' spam policy applies only to unsolicited commercial messages sent by Pay4printz Users. Pay4printz Users are not allowed to send spam messages to other Users. Offers to Buy or Sell Outside of Pay4printz - Pay4printz prohibits email offers to buy or sell listed products outside of the Pay4printz Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers. Pay4printz 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: • Limits on account privileges • Account suspension • Cancellation of listings • Loss of special status
Other Businesses
Pay4printz does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Pay4printz assumes no responsibility for examining or evaluating the products and services offered by them. Pay4printz do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Pay4printz does not endorse, in any way, any third party website(s) or content thereof.
Disclaimer Of Warranties And Liability
This Website, all the Materials and information/content (including but not limited to software) and services, included on or otherwise made available to You through this website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Pay4printz does not warrant that: • This Website will be constantly available, or available at all; or • The information on this Website is complete, true, accurate or non-misleading. Pay4printz will not be liable to You in any way or in relation to the Materials of, or use of, or otherwise in connection with, the Website. Pay4printz does not warrant that this site; information, content, Materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Indemnity
You shall indemnify and hold harmless Pay4printz, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Limitation Of Damages In no event shall Pay4printz or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if Pay4printz is expressly advised of the possibility of such damages.
Disclaimer The Website may contain inaccuracies and typographical and clerical errors. Pay4printz expressly disclaims any obligation(s) to update this Website or any of the materials on this website. Pay4printz does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Pay4printz reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Pay4printz may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner.
Applicable Law Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Chennai.
How to contact us
Please contact us at pay4printz@gmail.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
Grievance officer In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. C . Kannan
pay4printz services Pvt ltd
no 154 GRD Towers AA block ,
first floor 3rd avenue,
Anna Nagar Chennai -40.
Email:kannan@pay4printz.com