ezycreate

Ezycreate’s Terms & Conditions

By using the Ezycreate Website www.ezycreate.com (termed as “Service”), you agree to be bound by these Terms and Conditions (“Agreement”), irrespective of whether or not you have registered as a member (“Member”). The agreement sets out the legally binding terms and conditions for your use and membership and may be modified from time to time without notice to you. Any modifications shall be effective upon posting on the Ezycreate website.
DEFINITIONS

Company means Ezycreate, referred to in short form as the “Company” throughout this document.

ELIGIBILITY

By using the Service, you represent and warrant that you are a major and over the age of 18, have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and are not a person barred from receiving services under applicable jurisdiction. If you are merely surfing or browsing the Website/App and have not yet registered to become a member, your use of the Website/App is still subject to the Terms of Use.

CUSTOMER ACCOUNT

In consideration of your use of the Service or account creation, you agree to (a) provide true, accurate, current, and complete information about yourself as required for registering as a member or user and (b) maintain and promptly update the personal information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete or has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, the Service has the right to suspend or terminate your account and refuse any current or future use of the Service (or any portion thereof).

SUBSCRIPTION

In consideration of your use of the Service, you may require to subscribe to our plans, some access to specific Services may be restricted to an additional subscription. We may offer various subscription plans or types, and any subscription level may be offered under particular terms and conditions applicable for the subscription Subscription Specific Terms will be communicated to you before your subscription. The term of a subscription can be monthly, annual, or perpetual, as set out in the Subscription Specific Terms. You may cancel any subscription with 30 days’ notice before the end of the term, or as otherwise specified in the Subscription Specific Terms. Unless canceled before such time, the subscription is automatically renewed for another term. You may upgrade your subscription to a higher subscription level at any time, with immediate effect. You may downgrade your subscription to a lower subscription level with effect from the next term. We may at any time with 30 days written notice (including by e-mail) change or discontinue features available for a subscription level. We may also at any time with 30 days written notice (including by e-mail) discontinue a subscription level, and if so, you will be placed at the lower subscription level, on the terms and conditions that apply to such a lower subscription level. If we learn that you are using the Services in a manner that corresponds to a higher subscription level than the one you are subscribing to, we may, at our sole discretion, with 30 days written notice (including by e-mail) upgrade you to the higher subscription level and charge you for the price plan applicable for such higher subscription level, or terminate your Subscription with immediate effect.

CONTENT

You understand and agree that the Company may review, edit and/or delete any photographs, images, messages or other content (collectively referred to as “Content”) that in the sole judgment of the Company may violate this Agreement or which might be offensive, obscene, illegal, or that might violate the rights, harm, or threaten the safety of other Members or users of the Website, or offend public and religious sentiments or against the public policy or against any laws of any country. You are solely responsible for the Content that you upload, print, publish (hereinafter referred to as “post”) on the Website, or transmit to other Members. By posting the Content to any public area of the Website, you automatically grant, and you hereby represent and warrant that you have the right to grant, to the Website an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works thereof, or incorporate into other works, such information, and content, and to grant and authorize sub-licenses of the foregoing.

MEMBER CONDUCT

You understand that all photos, information, data, text, software, graphics, video, messages, or other Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not the Service, are entirely responsible for all content that you upload, post, mail, transmit or otherwise make available via the Service. The Service does not control the content posted on the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. If you violate our policies, we might restrict or even end up terminating your access to our services. Violation of this Agreement or any other rules will result in the termination of your account.

ONLINE PURCHASE

If You opt to purchase any Services offered on the Website, you will be asked to supply certain information applicable to Your purchase, including without limitation, payment and other information. Any such information will be treated as described in Our Privacy Policy. All information that you provide to us or our third-party payment processor must be accurate, current, and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or another applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

SHIPPING & DELIVERY POLICY

For Ezycreate Fulfillment services offered by us, Orders are shipped through registered domestic courier companies or speed post only. Orders are shipped within 15 working days or as per the delivery date agreed at the time of order confirmation and delivery of the shipment subject to Courier Company/post office norms. Ezycreate is not liable for any delay in delivery by the courier company / postal authorities and only guarantees to hand over the consignment to the courier company or postal authorities within 15 working days from the date of the order and payment or as per the delivery date agreed at the time of order confirmation. Delivery of all orders will be to the address specified by the buyer at the time of placing the order.

RETURN POLICY

For Ezycreate Fulfillment services offered by us,, All Orders are personalized and made specifically for each Order. Once an order is placed, it cannot be changed or canceled unless otherwise communicated by us for the specific Order. You acknowledge that the Products, when printed, may vary from the User Content as displayed on-screen, such as due to how computers display colors. The such deviation between on-screen User Content and Physical Products that are not due to printing errors shall not be deemed a defect. If there are defects discovered, such as damage to the delivered Products, errors in the number or quantity of the delivered Products, or lack of quality of the delivered Product not caused by lack of quality of the User Content. Send us the order details along with photos of the damaged product and any other relevant information. We will analyze and accordingly inform you about the pick-up of the damaged product and provide a replacement. If we agree, or you can substantiate, that there is a defect and that it is not due to the carrier of a non-tracked delivery, force majeure, or other circumstances outside our control, then we will, at our option, either provide you with a reprint of the order to the extent required to remedy the defect or offer you with a refund for the defective Products. Want to make changes/cancel the order: Send us your order details immediately after placing the order. The order can be canceled or edited only if it hasn’t gone into production. Once the order is printed, it is not possible to make changes or ask for a refund. In case of editing is required, you can make the changes and re-order the product with the help of a voucher provided by us. A refund is provided in the form of a voucher/store credit equivalent to the amount spent. IMPORTANT: This does not cover any consumer-generated mistakes including spelling or grammatical errors, dark images, cropping issues, poor image quality from low-resolution images, or other ordering mistakes. In case of such an issue, we will try our best to help you solve it.

PAYMENT TERMS

To use Ezycreate services, you need a valid payment method (e.g. a credit card, Debit Card, UPI, etc) that you’re authorized to use. Subscription fees are payable in advance and will be billed monthly or annually (depending on whether the subscription is monthly or annually). Fees for any Orders, and any other transactional fees, will be charged from time to time. When you order a Product or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We reserve the right to change our fees from time to time, the fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. We reserve the right to obtain validation of your credit charge or debit card details before accepting your Order. One-time payments, such as payment for implementation fees will be charged as agreed by both parties.

TAXES

You are responsible for paying any applicable taxes, such as but not limited to sales taxes, VAT, GST, and others, and duties associated with the Products (if and as applicable).to your local taxing authority, unless we have informed you otherwise.

MODIFICATIONS TO SERVICES

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, services or any part thereof with or without notice. You agree that the Company shall not be liable to you or to any third party in any manner whatsoever for any modification, suspension, or discontinuance of the Service.

NO WARRANTIES

a) Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. The Service expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. b)The Service makes no representation and warranty that (i) the services of the Website or App will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service available on the Website or App shall be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and 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. d) No advice or information, whether oral or written, obtained by you from the Website / App or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.

INDEMNITY

You expressly agree that you shall indemnify, defend and hold the Service harmless from and against any and all third party claims, allegations, demands, liabilities, losses, damages, awards, judgments or settlements, including all reasonable costs and expenses related thereto including attorney’s fees (“Claims”), that may be asserted, granted, imposed or brought against the Company for (i) infringement or alleged infringement of any rights in and to patents, trade marks (registered or unregistered), service marks, design rights, copyright, rights to extract or re-utilise data from a database or other database rights, registered designs, confidential information and any other industrial or commercial property right whatsoever, whether existing now or in the future of any third party; or (ii) use or misuse of the services of the Website / App whether as a Member or user; (iii) breach of any of the Terms and Conditions contained herein; (iv) any representation and warranty being false and misleading in any manner whatsoever; (v) any third party claim or any offence committed by you in any manner whatsoever and under all applicable laws

SUBCONTRACTING

We may subcontract any parts of our rights or obligations under these Terms, such as to printers and distributors. We remain responsible to you for our subcontractors’ performance. We may assign our rights and obligations, or any parts thereof, to any affiliate or third party.

TERM AND TERMINATION

This Agreement will remain in full force and effect while you use the Service and or create an account with us. Either party may terminate these Terms and close your customer account(s) for any reason at any time with written notice to the other party. However, these Terms will not terminate before all valid subscriptions are expired. We may terminate any subscription with a notice period similar to your notice period for cancellation of the subscription.

PRIVACY AND PERSONAL DATA PROCESSING

We collect your personal data to provide our Services. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing Site visitors’ and Users’ personal information. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy.

DISPUTE RESOLUTIONS

This agreement is governed by the laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the State of Goa in all disputes arising out of or relating to the use of the Service. You certify that You have read and understood the above Terms and Conditions and that You agree to be bound by the terms and conditions in this Agreement and our Privacy Policy.