Terms and Conditions

Terms and Conditions

Welcome to the Octaprint.com online e-commerce website owned by Macromedia Digital Imaging Private Limited (hereinafter referred as “Company”), providing photo print business primarily in custom photo print solutions Company. Use of this website constitutes acceptance of all the mentioned Terms of Service (“TOS”) and has legal effect on the parties in case of any dispute.

The following TOS contains the terms and conditions that govern your (also referred to as User/Buyer) use of the Website Octaprint.com and its Service. By using the website, you are fully accepting the terms, conditions and disclaimers contained in this TOS. By accepting the terms and conditions and using the website, the user agrees to the following:

1. CONDITIONS

1. Nothing in these TOS shall affect Your (also referred to as “User/Buyer”) statutory rights as a Consumer.

1. This TOS constitutes the entire and only agreement between you and u and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings.

1. Company may use other affiliated companies or third parties to provide certain products and services accessible through the Website. Company does not have control over those third parties or their services. Users agree that Company will not be liable to you in any way for your use of such services of our affiliates or third parties..

1. Any complaints or grievances should be addressed to Company by email to support@octaprint.com and a member of our team will deal with your request within a reasonable time.

2. AGE OF CONSENT

1. Where the Services may only be purchased by persons of a certain age, user will be asked when placing the order to declare that they are of the appropriate age to purchase such Services. In said circumstances, if the site user is under the age of 18, but at least 13 years of age, he/she may use this website under the supervision of a parent or legal guardian after agreeing to the TOS.

1. If the Company discovers that the site user/ buyer is not legally entitled to order certain services, the Company shall be entitled to cancel the order immediately without notice. Further, the Company shall not be liable for such orders placed by deception.

3. ORDERING
   1. All orders for Services shall be deemed to be an offer by the Buyer to purchase services pursuant to these Terms and Conditions and are subject to acceptance by the Company. The Company is at liberty to not accept an order for any reason.

1. To place an order with the Company, the Buyer has to go through all technical steps as described in the order process selection stages of the Website. Once the order is successfully placed, a confirmation mockup will be generated to you via WhatsApp and/or Email and/or SMS and only after due approval, the order will be placed with Company to proceed with the shipment.

1. The Company shall begin to perform the Service once payment has been received in company’s bank account.

4. PROHIBITED USE

The User can only use the website as expressly permitted by Company and abstain from causing any harm to the website, specifically, but not by way of limitation, user may not:

• Modify, create derivative works from reverse engineer, decompile or disassemble any technology.
• Interfere with website performance by using viruses or any other technology or program designed to affect performance, content, and appearance of the website.
• Collect any user information used for registration and cause voluntary harm to other Users of this website.

5. COPYRIGHT

1. All the content including but not limited to: Design, graphics, organization and digital conversion related to site are protected under applicable copyright, trademarks and other property rights. Copying, downloading or redistribution of any such matters or any part of site, except outlined in this TOS, is strictly prohibited.

1. User will retain ownership of the content that are used, referred or uploaded by the user during the use of the site. While using any outside content, user grants following licenses to Company, the non-exclusive, worldwide, transferable, sub-licensable right to copy, crop, reproduce, publicly display, sell and distribute design in or on products and in advertising, marketing, samples, and promotional materials for Company and the right to make modifications to users' design. We will not distribute it without prior approval from your side.

1.  You may remove the Content/Product you designed at any time, and you retain any copyright and other intellectual property rights in that Content. If you choose to remove Content/Product that you designed or uploaded and notify the Company of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that Company may fulfill all orders that are in any way derived from that Content placed prior to notice of termination and may continue to use said Content in marketing and promotional materials. If user believes that her/his work has been copied in a way that constitutes copyright infringement, please provide our agent (support@octaprint.com) following information.

• Written document with signature of the person authorized to act on behalf of the owner of the copyright interest.
• Detail on material that is claimed as infringed.
• Contact information.

Our Agent will quickly act on any such notice received.

6. CHANGES TO WEBSITE

1. Company is at liberty to modify the site at any time without any prior notice and will incur no liability for doing so. Such changes may be temporary or permanent.

1. Company can at any time choose to change these terms and conditions and if you do not accept these Terms and Conditions, you must immediately stop using this Website. Your continued use of the Website following any changes shall be deemed as your implied acceptance of such changes and considered as consented.

7. RESERVATION OF RIGHTS

1. The Company reserves the right to withdraw the Services from the website at any point in time and shall not be liable to anyone for withdrawing the services from the Website or for refusing the process an order.

1.  The Company reserves the right but does not assume the obligation to monitor transactions and communications occurs through website. If Company determines, in is sole and absolute discretion that buyer will breach a term or condition of this TOS, Company may cancel such transactions and restrict access. 

8. REPRESENTATION AND WARRANTIES

1. User of the site represents and warrants to Company that in use of the Octaprint.com site, the user will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal right of any third party. User further represents and warrants to Company, that there are no claims, demands, or any form of litigation pending, or to the best of user’s knowledge, threatened with respect to any of user’s content.

1. Company will not be required to pay any third party related to using the content provided by the user. User content should not cause direct or indirect injury to any third party and should be free of Viruses or any other program or technology that can cause direct or indirect damage to the site.

9. DISCLAIMER AND EXCLUSIONS

1. Company provides a website Octaprint.com service on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and uninterrupted and error free however in accuracy, will be reliable, will be timely, and will meet user’s requirements. The Price of the services shall be that stipulated on the website, with errors and omissions excepted. The price mentioned is without GST.  

1. Company makes no warranties other than those made expressly in these TOS and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement.

1. Arising out of relating to or connected with (a) the use of the site or any service or products based on any cause of action, even if advised of the possibility of such damages. (b) the content contained on the site, or (c) any delay or failure in performance beyond control of the Covered Party.

10. LIMITATION OF LIABILITY

1. Limitation of liability, under for a breach of a party’s representations and warranties under these TOS or in connection with your indemnity obligations under these TOS, in no event will the liability of Company exceed the value of the signs ordered or serviced rendered. Value of the signs or services are limited to the stated value on the Company, site Octaprint.com or charged to the customer.

1. To the extent permitted by law, Company will not be liable to any user or any third party for any consequential, incidental, indirect, punitive, or special damages (including damages relating to lost profits, lost data, or loss of goodwill).

1. Company makes no warranty that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected or that the website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

1. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Company for death or personal injury as a result of the negligence of Company or that of its employees or agents.

1. If there is delay from courier agency for the product due to any reason we have to follow the rules mention on their respective site.
2.  

11. INDEMNIFICATION

User indemnifies and hold Company and its employees, partners, suppliers, representatives, agents, affiliates, directors, officers, managers and shareholders (if applicable) harmless from any damage, loss, or expenses including reasonable attorney’s fees incurred in connection with any third-party claim, demand or action brought against any of the parties alleging that user has breached any of these TOS through any act of omission.

12. REGISTRATION

User might be asked to register at the site. Users must agree to provide accurate, complete registration information. Each registration is for personal use only and access to that information should not be made available to multiple users. Company, do not permit any other person user registration section besides user’s own registration.

13.  COLOR ISSUES

Company uses standard industry software for designing and printing purposes. We do not guarantee any color matching or exact color print. Slight color variations are possible and should be considered as acceptable and will not be considered a production mistake and will not be eligible for refund or return or re production. We use our best judgment to match color but if you need to visually match color, we suggest ordering a sample product.

14. PRODUCTION

Company uses multiple production facilities around the world. It cannot guarantee where production will be done for each product and order. Your order can be manufactured at any of our production facilities or associate partners.

15. DESIGN PROOFING

Company will not proofread any design made by the user. Please double-check all your designs before submitting the order. Company cannot be held responsible for mistakes in design made by the customer. Company will print the submitted file as it is formed. In case where proof is requested, Company will produce using the last proof approved by the customer. Any mistake/changes in the proof has to be done before approval of the proof. No refund shall be provided for any claim, once the design order is submitted.

16. RESPONSE TIME

Company requires user to respond to all information or proof approval requests in three days. If the user fails to respond to the request for any reason, Company will use best judgment on if and how to proceed.

17.  DELAYS IN DELIVERY

Company shows the estimated delivery date for each order on the site. These dates are indicative dates only, which are based on production-ready orders and don’t include any public holidays or shipping delays. Any delay due to shipping has to be addressed directly with the shipping company and Company is not liable for any such delays.

18. REFUND AND RETURNS

1. How can I Request a Reprint OR Refund?

Company prioritizes customer satisfaction and in case if you find any defect in our print, we will make it perfect for you. This includes any manufacturer's defects such as loose or wavy canvas, bubbles, scratches or fading. If this occurs we will either replace your canvas print or fix it at our cost. If you require a reprint or refund, the process can be expedited by providing a digital image of the damage or defect along with a clear description of the problem (Try to be as descriptive as you can while sending defective image).

Please contact us on support@octaprint.com and we will be happy to assist you.

1. Returns Procedure: The customer needs to send us the email of the pictures of the damaged product at support@octaprint.com within 24 hours from the receipt of the order and provide detailed information of the issue along with the photographs. The pictures will be reviewed within 24 hours and if found to be a manufacturing defect, initiate pick-up of the delivered product and process Reissue of the product or refund of the product shall be initiated, as deemed fit to the Company. Company reserves the right to resend the order depending on the nature of the product and such refund/reissue of the product shall be sole discretion of the Company.

1. Returns Window: Customer may be allowed to return within 30 days from receipt of order, which varies from product to product and please read the return/refund policy of the product before placing an order.

1. Refund Method: The refund may be issued on the account/wallet/UPI mode/ Payment gateway app from which the order was paid for and is generally done within 7 business days.

1. Responsibility for Return Shipping Costs: Return shipping costs shall be paid by Company.

19. MISCELLANEOUS

These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the India without reference to conflict of law principles. These TOS will not be assignable transferable by user without the prior written consent of Company. These TOS contain the entire understanding of the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understanding between the parties regarding its subject matter. User and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.

20.  NOTICE

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (a) India mail or Courier (b) electronic mail. All the notices to Company should be sent to email:support@octaprint.com and also hard copy with signature and contact information should be sent to company address.

21. FORCE MAJEURE:

The Company shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Company shall be entitled to a reasonable extension of its obligations.

22. SEVERANCE

If any of these Terms and Conditions is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

23. DISPUTE RESOLUTION

In the rare event of a dispute, all disputes arising out of, relating to, or connected with these TOS or your use of any part of the _______email_____ service will be exclusively resolved under confidential binding arbitration in accordance with the commercial arbitration as per the Arbitration and Conciliation Act, rather than in court. In case the aggrieved opts to institute a suit in the court of law, only the courts in Hyderabad, Telangana shall have exclusive jurisdiction to try the matter.

24. GOVERNING LAWS

These terms and conditions shall be governed by and construed in accordance with the law of India and you hereby submit to the exclusive jurisdiction of the Courts of Hyderabad, Telangana.