Terms and Conditions
Hello and welcome to the website of Minutegiftings. Thank you for trusting us. By using the website, you, the user is agreeing to comply with the following terms and conditions of use. It is suggested that you’re real all the pointers carefully. If you refrain from agreeing to them, it’s suggested that you abstain from using the site of Minutegiftings. The owner of this website is ‘Minutegiftings’. The term ‘User’ has been used to refer any person using the website and has registered on the website.
1. Acceptance of Agreement
The user agrees to the terms and conditions specified in the Terms of Use Agreement with respect to Minutegiftings website.This agreement constitutes the entire and only agreement between Minutegiftings and the user. This Agreement supersedes all prior or contemptuous agreements, representations, warranties and understandings with respect to theMinutegiftings , the Content and Materials (henceforth defined), products or services provided by or through the website, and the Subject matter of this Agreement. This Agreement may be amended or modified by Minutegiftings without any prior notice to the user. The latest agreement would be posted on the Minutegiftings website. By continuing to use the website it will be presumed that the User acknowledges the modified version of the Agreement and consents to the latest terms of use. The acceptance by any User of the Agreement is a prerequisite and mandatory. This acceptance is the result of clicking on the box earing next to the words “I have read and agree to the Terms and Conditions.”
2. Photographs & Service
a. As a registered User of Minutegiftings , the website permits the upload of photographs from your mobile device and website. The same can be done via an internet connection. Connection charges levied by the service provider are the responsibility of the user. It is up to the user to subscribe to the Internet and have the necessary system requirements in order to use the service.
b. The user is solely and wholly responsible for all content uploaded from his/her account.
c. The user must not submit any content that is abusive or offensive to anyone. The user must not upload any content that contains any pornographic or obscene material, any material that may pose to be harmful to someone, illegal under any likable law or may provide a link to information that is harmful or illegal under ant likable law.
d. The user must not upload any copyrighted material or material that does not belong to him/her. In case the material is copyrighted the user must obtain appropriate permissions before submitting it to the Minutegiftings .
e. The website allows the user free storage space for their images on the Minutegiftings . The Minutegiftings reserves all rights to change this policy at any time by an amendment to the current Agreement posted on the website. The company Minutegiftings is not responsible in case of any loss of data by the user incase he/she does not maintain a backup copy of the images submitted to the Minutegiftings.
f. The Minutegiftings reserves all rights to modify images submitted to them as a part of the upload process.
g. The “Privacy Policy” further elaborates on the Sharing procedures and restrictions that the Minutegiftings abides by and expects of their users. TheMinutegiftings under no circumstances shall acquire any ownership material over the material submitted by the user. However, the user must specifically agree that the Minutegiftings has the authorization to use the images submitted by him/her for the specific purpose of displaying them on the website and any other purpose that the user specifically authorizes.
3. Purchases
a. Print Quality:
The user must not challenge the quality of the any products as long as the product is an accurate depiction of the image selected by the user and on the medium mentioned in the description of the products.
b. Delivery of Order:
The stipulated time for delivery of the products will be 5-10 business days. The user will be intimated about the same after every purchase along with the receipt via email or sms. Complaints or request for refund must be communicated to the Minutegiftings within a reasonable period of placing the order. In case of delay in delivery time or misplacement of ordered products the user must contact the website through email or phone numbers provided on the website. This must be done within a week of the expiry of the delivery date. In case of a defect in the received product(s) the user must inform the Minutegiftings within a week of the delivery date.
c. Payment:
The order shall be considered confirmed only when the user receives a formal email and/or sms confirming the same. The user must agree to pay for any goods or services purchased from the Minutegiftings in accordance with the terms hereof. The user will be entitled to refunds in accordance with the terms mentioned in the agreement. Any claim to refunds will be heeded to only after complete verification of the written complaint.
4. Copyright
The content and materials, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the are protected under applicable copyright, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or pub by the user of any such matters or any part of the Minutegiftings is strictly prohibited. You do not acquire ownership rights to any Content and Materials, document or other materials viewed through the except where the ownership rights to such Content and Materials already vested with you prior to upload to the website of Minutegiftings . You acknowledge that some of the Content and Materials on the website is the copyrighted work of third parties.
5. Limited License; Permitted Uses
The users are granted a non-exclusive, non-transferable, revocable license (a) to access and use the strictly in accordance with this Agreement; (b) to use the solely for internal, personal, non-commercial purposes; and (c) to print out discrete Content and Materials from the as permitted by the Minutegiftings , solely for internal, personal, non-commercial purposes and provided that the user maintains all copyright and other policies contained in such Content and Materials. No print-out or electronic version of any part of the website or its Content and Materials may be used by the user in any litigation or arbitration matter whatsoever under any circumstances
6. Registration
certain sections of, or offerings from, the Minutegiftings may require the user to register as a User by creating an Account. If registration is requested, the user agrees to provide the Minutegiftings with accurate, complete registration information. Each Account is for the user’s personal use only and shall not be created on behalf of any other person or entity. The user agrees that any Account registered by them shall not involve (a) any person other than the user making use of such Account; or (b) access through a single Account being made available to multiple users on a network. The user hereby agrees that the user shall be liable for any failure to prevent such unauthorized use of the user’s Account. The business Minutegiftings may suspend any account suspected of unauthorized use at any time Creating multiple Accounts for a single User with the purpose of abusing the Minutegiftings ‘s special offers (including introductory free prints)(the “Promotions and Offers”) is strictly prohibited and considered abuse of the offer. The user agrees that they will not take part in abuse of Minutegiftings’s Promotions and Offers through the creation of multiple accounts. Minutegiftings may suspend, and not reinstate, any and all accounts belonging to a User suspected of such abuse.
7. Third Party Content and AdvertisementsThere might be some Third party content and materials on the website which will be accessible via the hyperlinks which might get displayed. However, Minutegiftings is not responsible for and assumes no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity or pornography in the statements, opinions, representations or any form of Content and Materials hearing on the website or are accessible via hyperlinks displayed.
8.. Unlawful Activity
Notwithstanding the terms of the Privacy Policy, the Minutegiftings reserves the right to investigate complaints or reported violations of this Agreement and to take any action Minutegiftings deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to the user’s Account profile, email addresses, usage history, posted materials, IP addresses and traffic information.
9. Indemnification
The user agrees to indemnify, defend and hold the Minutegiftings and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to the user’s violation of this Agreement or use of the terms and condition .
10. Nontransferable
The user’s right to use the website is not transferable or assignable. Any password or right given to the user to obtain information or documents or any other access to the website is not transferable or assignable.
11. Disclaimer
THE CONTENT AND MATERIAL FROM OR THROUGH THE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM ERROR, AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE Minutegiftings AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Minutegiftings AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN THE Minutegiftings AND USER. THIS AND THE PRODUCTS, SERVICES, DOCUMENTS, CONTENT AND MATERIALS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE Minutegiftings THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
12. Limitation of liability
a. The Minutegiftings and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the website or any services or products obtainable therefrom; (b) the unavailability or interruption of the or any features thereof; (c) the user’s use of the website ; (d) the Content and Materials contained on the website ; or (e) any delay or failure in performance beyond the control the Minutegiftings or any Affiliated Party.
b. THE AGGREGATE LIABILITY OF Minutegiftings AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED INDIAN RUPEES SIXTHOUSAND ONLY (INR 6000) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE Minutegiftings AND ANY AFFILIATED PARTY.
13. Use of Information-
The Minutegiftings hereby reserves the right, and the user hereby authorizes Minutegiftings, to the use and assignment of all information regarding uses by the user and all information provided by the user in any manner consistent with the Privacy Policy. The user acknowledges that the user is responsible for whatever material the user submits, and the user, not the Minutegiftings, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright
14. Third-Party Services
a. Minutegiftings may allow access to or advertise certain third-party product or service providers (“Merchants”) from which the user may purchase certain goods or services. The user understands that the Minutegiftings does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. The Minutegiftings is not a party to the transactions entered into between the user and Merchants. The user agrees that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE Minutegiftings, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, and MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE Minutegiftings BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN THE USER AND MERCHANTS OR FOR ANY INFORMATION EARING ON MERCHANT SITES OR ANY OTHER HYPERLINKED TO OUR WEBSITE.
b. All rules, policies (including privacy policy) and operating procedures of Merchants will be available to the user while on any Merchant sites. Minutegiftings shall not be responsible for information provided by the user to Merchants. Minutegiftings and the Merchants are independent contractors and neither has authority to make any representations or commitments on behalf of the other.
15. Privacy Policy
The Minutegiftings Privacy Policy, as it may be modified from time to time, is hereby expressly made part of this Agreement.
16. Payments
The user represents and warrants that if the user is purchasing something from the Minutegiftings or from Merchants that (i) any credit information the user supplies is true and complete; (ii) charges incurred by the user will be honored by the user’s credit card company; and (iii) the user will pay the charges incurred by the user at the posted prices, including any likable taxes.