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1.Introduction
Welcome to the personalized products and services e-retail platform- www.papam.in,Please read these Terms of Service carefully
as they contain the legal terms and conditions that you agree to when you use the
service provided by Papam.
2.Membership
Papam membership is available through registration process after you submit certain
requested information to Papam. Before registration we ask whether or not you agree
to current Terms of Service. You will be allowed to use our service only if you
agree to our Terms of Services.
3. Designing/Personalizing
Presently you may Order/Personalized products on the website through the internet.
Papam may offer you other method of Ordering/Personalization in the future.You will
not use the service which may fall in any of the following category:
Racist material
Material that infringes any copyright, trademark, patent or other intellectual property
right or any moral right of any third party
Material that harms anyone including minors
Material that contains viruses, worms, corrupted files, Trojan Horses or any other
form of corruptive code
Material that is likely to incite hatred against any person or group
Blasphemous material
Defamatory or otherwise actionable material
Images of any criminal act
Material that breaches any applicable laws or legislation
material that involves the transmission of "junk mail", "chain letters", or unsolicited
mass mailing or "spamming";
material that promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
material that promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
material that contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
material that displays pornographic or sexually explicit material of any kind;
material that exploits people under the age of 18 in a sexual or violent manner,
or solicits personal information from anyone under 18;
material that provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
material that solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and
material that engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter and advertising.
All content, public or private, that is submitted to us is the sole responsibility
of the person who submitted it. Hence, you are personally responsible for your CONTENT.
Papam has sole discretion to decide whether any content is Prohibited Content. However,
we will not monitor or examine any content submitted to us using Internet or any
other medium.
4. Permitted Use of This Website
This website is the private property of Papam and your access to this website is
only with our permission. Any unauthorized access or use will be deemed, among other
things, a trespass, and we reserve the right to pursue our legal rights for any
unauthorized access or use of this website, including seeking civil remedies and
equitable relief to the fullest extent possible, and referral of matters to appropriate
law enforcement agencies.
5. Prohibited Use of This Website
You are prohibited from doing any act that has the effect of undermining the integrity
of our system, our services and the method by which we provide our services to users.
If you use, deploy or facilitate the use or deployment of any robot, spider, scraper
or any other automated means, method or device to view, select or copy any content
from the Website, then you are not authorized to enter this website or use its services.
If you use, deploy or facilitate the use or deployment of any script, routine, program
or any other automated means, method or device with respect to this website for
any other purpose, including but not limited to purchasing tickets, you are not
authorized to enter this website or use its services.
If you intend to use, deploy or facilitate the use or deployment of any program,
system, means, method or device, for any purpose that places an unreasonable, unnecessary
or excessive demand or load on this website, its hardware and connections, or prohibits,
denies or delays access to this website by others, you are not authorized to enter
this website or use its services.
You will not download or copy any content displayed on this website for purposes
other than preserving information for your personal use, without the written permission
of the Company. You will not establish any deep link or other connection to any
specific page or pages of this website other than the Home Page, without our written
permission. You agree that you will use this website only for lawful purposes.
6. Storage Policy
After accepting membership you will be provided free online storage for storing
of shopping card/ message gallery/images or any other items that we may provide
in future. To continue enjoying free storage service, you need to make a purchase
from website at least once every 12 months. If you don't purchase anything from
the website within 12 month periods, we may delete the content stored in your account.
7. Ordering
Pricing
All prices mentioned in our website are in Indian Rupees and US Dollars until explicitly
specified. The price doesn’t include shipping charges, other than when specified
as any promotional deal. Shipping charges will be added to your order during the
ordering process.
Cheque payment
Cheque payment facility is only available in India. The payment realization might
take some time depending on when we receive it and when the bank gets it credited
to our account. The information we collect are secure with us and are used for the
verification purpose of the cheque and to ensure secure account credit. Any charge
associated with the outstation cheque will be borne by the customer. Please ensure
that you have sufficient balance to avoind any check bounce. The customer has to
bear any cost attached to Cheque bounce.
Credit card payment
To pay for the order we or our authorized partner may ask you to provide credit
card number, expiration date, billing information or any other information that
may enhance security of transaction and prevent frauds. Without your permission
we will not store any credit card information in our database.
Print/Paper Quality
We try our best to produce the best quality paper/prints for you. However, quality
of prints is dependent on various factors like humidity, temperature or the quality
of the digital file or original prints uploaded by you, if it applies.
Resale of Service
You hereby acknowledge that you will not reproduce, sell, resell, duplicate, copy
any part of the service. You shall also not access or use the service provided by
us for any commercial purpose without prior consent of www.papam.in in the form
of an agreement or MoU.
Acceptance of Order
We will accept any order that you may place using our service. However, if at any
point of processing your order or delivery, we identify that that order placed is
not adhering to these Terms of Service; we will have the right to cancel your order.
In this case, we would send a notification to you.
Delivery of Order
Any dates specified for delivery of order are estimates only. We will try our best
to deliver your order within the specified time period. However, there might be
delays due to unforeseeable reasons. Under such circumstances, Papam shall not be
held responsible. We will also not be responsible for delivery at wrong address
(es) if the address specified at the time of ordering is incorrect.
Returns and Refunds
If you are not satisfied with the quality of prints, please contact our customer
service at service@Papam.in within 15 days of receipt. We will work out the best
possible solution to help you get the refund. Refund will be in the form of account
credit only.
8. Communicate via Email
Papam intends to send you updates and promotional offers via email. You are not
required to be subscribed to our mailing list and you may opt-out of this list at
any time. E-mails will also be sent to you at all logical stages of your order processing,
like, order placed, order shipped etc.
MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM PAPAM, AND ACKNOWLEDGE
AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED
BY PAPAM FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
9. Communicate via SMS
Papam may contact you via SMS if you allow us to provide you the order status in
form of SMS alerts. If you provide your mobile number and avail this facility, we
would not use your data for any purpose other than what is specified.
10. Offline Conduct
Papam may not be monitoring the conduct of users off the Site and it is a breach
of this Agreement to use any information obtained from this Site in order to harass,
abuse, or injure another person, or in order to contact, advertise, solicit or sell
to any Site user without Papam’s prior explicit consent.
11. Breach
Without limiting any other remedies that Papam may have available at law or in equity,
and in confirming that you have breached any provisions of this Agreement, Papam
may, without notice, cancel any pending transactions you may have with Papam and
restrict or deny your access to the Site and services.
12. Intellectual Property
All text, graphics, audio, design and other works on the Site are the copyrighted
works of Papam unless otherwise indicated. Content on the Site is for personal use
only. Any alteration of the material or use of the material contained in the Site
for any commercial purpose is a violation of the copyright of Papam and/or its affiliates
or associates or of its third-party information providers. The Content available
on the Site shall not be copied, reproduced, republished, uploaded, posted, transmitted
or distributed in any way without obtaining the prior permission from Papam. All
responsibility and liability for any damages caused by downloading of any data is
disclaimed.
13. Modification of Terms
Papam reserve the rights to modify or amend these Terms of Service for any reason.
Such modification or amendments will be effective immediately upon giving you notice
by following means, including but not limited to, posting on our website/ email.
You agree that PAPAM shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Site. You expressly agree that any information
provided on the Site shall be used by you at your risk. You are advised to hereby
make proper enquiries and use the information provided on the Site.
14. Termination
You agree that Papam, in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Site, and remove and discard any Content within
the Site, for any reason, including, but not limited to :
(i) violation of these Terms of Service,
(ii) violation of any applicable law,
(iii) required by governing authority or
(iv) lack of use.
Papam may also in its sole discretion and at any time move, change or suspend any
part of service, discontinue providing the Site, or any part thereof, with or without
notice. You agree that any termination of your access to the Site under any provision
of this Agreement may be effected without prior notice, and acknowledge and agree
that Papam may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or the Site.
Further, you agree that Papam shall not be liable to you or any third-party for
any termination of your access to the Site.
15. Severability
Any provision of this Agreement which is invalid, prohibited or unenforceable in
any jurisdiction shall:
(i) be ineffective in that jurisdiction to the extent of the invalidity, prohibition
or unenforceability;
(ii) not invalidate the remaining provisions of this Agreement; and
(iii) not affect the validity of that provision in any other jurisdiction.
16. Governing Law
All legal proceedings shall be subject to the jurisdiction of the courts in Delhi,
India and shall be governed by and construed in accordance with the laws of India
and you agree to resolve the disputes under the Arbitration and Conciliation Act
1996. The venue for such arbitration shall be at Delhi, India.
17.Indemnity
You agree to indemnify Papam and its affiliates, including its directors, employees,
service providers, content providers, suppliers against any losses, claims or demand
including legal fees, resulting from any violation of these Terms of Service, or
any wrongful activity related to your account by you or any other person using your
account.
18. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Site, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that Papam shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Site.
19. Links
The Site may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because Papam has no control over such sites and resources,
you acknowledge and agree that Papam is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that Papam shall
not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or resource.
20. Representations and Warranties
Papam agrees that to the best of its ability all service will be provided with reasonable
skill and care, and will be of satisfactory quality. The service is provided on
an 'AS IS' and 'AS AVAILABLE' basis. Use of service is at your own risk. If prints
or service are of unacceptable quantity or quality our sole obligation on our discretion
will be to either
(i) refund the full amount of purchase or
(ii) replenish the item at no extra cost.
Papam or any of its affiliates or associates or employees shall not be in any way
responsible for any loss or damage that may arise to any person from any inadvertent
error in the information contained in this Site. The information from or through
this Site is provided "as is" and all warranties express or implied of any kind,regarding
any matter pertaining to the Site or the Content including, without limitation,
the implied warranties of merchantability, fitness for a particular purpose, and
non-infringement are disclaimed. Papam and its affiliates and associates shall not
be liable, at any time, for any failure of performance, error, omission,interruption,
deletion, defect, delay in operation or transmission, computer virus, communications
line failure,theft or destruction or unauthorized access to, alteration of, or use
of information contained on the Site. No representations, warranties or guarantees
whatsoever are made as to the accuracy, adequacy, reliability,completeness, suitability
or applicability of the information to a particular situation.
21. Disclaimer
PAPAM MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONTENTS OF THIS SITE AND
PAPAM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE
CONTENT ON THE SITE. THE CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PAPAM
FURTHER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS OR POINTERS AVAILABLE
THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER CODES THAT CONTAIN CONTAMINATING
OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE
LAW, PAPAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. PAPAM MAKES NO WARRANTY
THAT
(i) THE INFORMATION WILL MEET YOUR REQUIREMENTS,
(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE
OR RELIABLE,
(iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE
SITE IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
PAPAM is not liable on the authenticity of such data. Without limiting the foregoing,
under no circumstances shall PAPAM be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures, electrical
power failures, strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, floods, storms, explosions, acts of God,
war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance
of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Papam may change the format or content of the website, or any product or service
offered by the website. Papam for any reason with or without notice may terminate
or suspend the operation of this website or any service provided by this website.
Papam might not take back-ups of the materials or images you upload in your album.
It is not responsible for any loss, corruption or deletion of your materials or
images; it is advisable for you to keep backups of all the content that you upload
to your album.
22. Limitation of Liability
NEITHER PAPAM NOR ITS AFFILIATES, EMPLOYEES, AGENTS, SHARE HOLDERS OR CONSULTANTS
SHALL IN ANY EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OR DAMAGES ARISING OUT OF ANY BREACH OF WARRANTY EVEN IF PAPAM OR ITS AFFILIATES,
EMPLOYEES, AGENTS OR CONSULTANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF OR RELIANCE ON PAPAM INFORMATION, FROM INABILITY TO USE PAPAM INFORMATION, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS TO THE CONTENT OR SITE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE CONTENT, LOSS OF GOODWILL,
LOSS OF PROFITS, OR LOSS OF DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT
TO THE PERFORMANCE OR NON-PERFORMANCE OF PAPAM OR ANY INFORMATION THAT APPEARS ON,
OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE PROVIDED THEREUNDER. SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND TO THE FULLEST EXTENT PERMITTED BY LAW.
23. Relationship
This Agreement or your use of this Site does not constitute any joint venture, partnership,
employment or agency relationship between you and Papam.
24. Abuse Report
You can report any abuse of our service or violation of these terms to abuse@papam.in
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