This legal document is an electronic record in terms of Information Technology Act, 2000 and rules 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 legal document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Services and practices for access or usage of PICSY mobile app (“PICSY”).

These terms of services apply to all users who use PICSY app. PICSY app shall include but is not limited to mobile app, website and kiosk. Users in this context shall include owners, managers and staff members of PICSY registered users (Schools, Corporates and others), parents of students who use PICSY app and end users.

By using this PICSY app, clicking the “I accept/ I agree” button or completing the registration process, you clearly agree and acknowledge that you have reviewed these terms of service, given consent and accepted this agreement.

References in these Terms to “we” or “us” or “app” or “mobile app” or “PICSY” “LLP” are references to PICSY app and “you” as user (as defined above) of PICSY app.

User Agreement

This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use PICSY, including any sub domains or extension of PICSY and you hereby agree and acknowledge to be bound by the terms of this User Agreement.

The use of PICSY and the services provided are subject to the rules and regulations, policies (privacy policy, intermediary policy and other policies), notices (disclaimer and other notices), terms and conditions set forth in this User Agreement.

Amendment:

The LLP reserves the right to change this PICSY app and/or alter the terms and conditions of this User Agreement as well other policies at any time and retains the right to deny access to anyone who the LLP believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the PICSY app on publicly accessible links and you agree by accessing, browsing or using this PICSY app that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the LLP posts the same on the PICSY app. [In the event, that the User Agreement includes a substantial change, the LLP will provide prior notice of such substantial change by posting the same on the PICSY app and also at the email address provided by the User to the LLP. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by PICSY Rules and Policies as provided from time to time.

Eligibility

This PICSY app may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and insolvents are not eligible to use the PICSY app. A minor is allowed to access or register as a user on the PICSY app only if its account is created as “Child/Student Login” under the control of “Parent Login”. (For more details refer Children’s Privacy Clause in our Privacy Policy) In case of registration by an entity, by accepting the User Agreement you represent that such an entity has sufficient authority under applicable law to enter into the User Agreement to accept this User Agreement.

Authorized Representative

You clearly agree and acknowledge informing us complete details of your authorized representative. In case you have authorized some third party agency to take care of your PICSY then you clearly agree and acknowledge providing us complete details of such agency in the manner and formatting as specified from time to time by us.

Registration and Communication

Registration:

You may register on our PICSY app to create your PICSY Account . By completing registration, you hereby clearly agree, acknowledge and grant us to access your personal information available. Such information may include mainly pictures available in your accounts.

You are solely responsible for maintaining secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the PICSY app will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and you are responsible for all activities conducted under your account. The LLP, its employees or associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breach of security.

You shall not use this PICSY app for any other purpose including for printing the photos other than as mentioned above or products that are not allowed under applicable law in any manner.

You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the PICSY app. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the PICSY app to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the LLP has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the LLP reserves the right to indefinitely suspend or terminate or block your use or access to the PICSY app in any manner whatsoever.

Electronic Communication:

You agree and acknowledge keeping yourself updated with all data, information and communication pertaining to you including but not limited to correspondence email id and pictures made available on the PICSY app by the user. You further agree that your use of the PICSY app or provision of any data or information including any correspondence (by email or otherwise) to or by the LLP is through electronic records and you give consent to receive communication from the LLP via electronic records which will be deemed adequate service of notice/ electronic record.

License / Your use of PICSY app

You may access and use PICSY app solely for your personal, noncommercial use. Except as expressly authorized hereunder, PICSY app may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue PICYS app, in whole or in part, at any time in our sole discretion.

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use PICSY app, including any images, text, graphics, sounds, data, links and other materials incorporated into it (other than your User Submitted Materials as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of PICSY app or create derivative works of any portion of it without our written consent. You shall not transfer or sublicense any rights to any third party, in whole or in part, in any form, whether modified or unmodified.

Payment Policy

Currently, accessing/browsing PICSY is free for end users who don’t want to print out of their pictures on our platform. However, we reserve the right to amend this policy and charge for the services rendered. In case if we amend our policy and charge for the service rendered, Users will be intimated of the same, and it will be up to them to decide whether or not they will continue with the services offered by us. Such changes are effective as soon as they are posted on the App.

Users who want to order the printed photo albums are responsible for paying all relevant charges as per listed in our app and shall be liable to pay any and all applicable taxes, charges, cesses etc.

The LLP reserves the right to introduce new services or modify/upgrade the existing services provided on the PICSY app. Additionally, the LLP at its sole discretion may introduce new charges for the new or modified/upgraded services provided. Changes to the User Agreement or any of the rules and policies of the LLP shall be posted on the PICSY app and such changes shall automatically become effective immediately after they are posted on the PICSY app.

Payments must be made using any of the payment software of various payment gateway service providers in accordance with the terms and conditions/privacy policy of payment gateway. We facilitate payment processing through reputed 3rd Party Payment Gateway . The user clearly agrees and acknowledges that LLP shall not be held responsible in event of any delays, errors and frauds in processing of payment by entities outside the control of LLP.

LLP uses Payment systems as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be.

The LLP neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system and nor shall the LLP be liable for any actual or consequential damages arising from any claim of delay or any payment process related errors or delays.

Further, If you wish to purchase any products or services through PICSY app, we will ask you 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 CLEARLY REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other 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.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on PICSY. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system or mobile device, and we cannot guarantee that your computer or mobile device will accurately display such colors. The inclusion of any products or services on PICSY at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through PICSY. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. Any order without realization of payment at our end is treated as incomplete and will not go into production.

Production and Delivery time

You clearly understand, agree and acknowledge that our standard production time is 5 working days. Actual delivery time will depend on your location.

The user agrees and acknowledges that LLP shall never be held responsible for any problems that may arise during the course of the registration due to the internet malfunction/connectivity issues and when the PICSY app is closed for maintenance / updating with or without prior notice.

You agree and acknowledge that Indian Standard Time (IST) shall be applicable for this agreement. Also, we shall deliver services during IST working hours only. Orders placed on Saturdays or on days before Indian National Holidays shall be delivered by considering that it is ordered on the next Working Day.

User account and security

To register for the service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form, including but not limited to your e-mail address, your website link (optional) and mobile number. You will protect your account and take full responsibility for your own, and third party, use of your accounts. You are solely responsible for any and all activities that occur under your account. You must notify us immediately upon learning of any unauthorized use of your account or any other breach of security.

User account limitations

You hereby acknowledges that PICSY may, from time to time, in its sole discretion, establish general practices and limits concerning the use of the services and app, including without limitation, (a) the maximum number of days that specific services offerings (to the extent available and subscribed for) will be retained by PICSY, (b) maximum limits on bandwidth usage that will be allotted to user, (c) maximum limits on storage space, and (d) the maximum number of photographs or other data (if any) according to the type of user’s account. PICSY further reserves the right to delete at any time, in its sole discretion and without prior notice, duplicate images uploaded for printing. Any of the foregoing limits will be consistent with the type of services (including any upgrades) for which user has registered. You further acknowledge and agree that PICSY reserves the right to change these general practices and limits at any time, in its sole discretion. If you find any such changes to be unacceptable for your continued use of the services, you are free to cancel the services and terminate your account at any time.

User Obligations

You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:

  • belongs to another person and to which you do not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person or use an anonymous proxy;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  • shall not be false, inaccurate or misleading;
  • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in the dealing which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
  • may give rise to liability on part of the PICSY app or the LLP or cause any hindrance (in whole or in part)
    • In case of any violation of the above provisions, the LLP has the right to immediately terminate the access or usage rights of the user to the PICSY app without any notice and any such violative information that is displayed or submitted on the PICSY app can be removed immediately and completely.
    • You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the PICSY app to restore or keep back up of your information and data and not hold the PICSY app or the LLP accountable for any loss of data in any circumstances.
    • You will also refrain from accessing information or databases in an unauthorized manner from the PICSY app or servers where information or databases are kept.
    • You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the PICSY app and also for taking appropriate legal actions.
    • If you choose to provide feedback on the PICSY app which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
    • You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
    • You shall not place any advertisements on the PICSY app in any manner. Further, you shall not use the PICSY app to promote any other person’s business or interests on the PICSY app unless permitted by the LLP in writing.

Obligations under relevant sections of Indian Cyber Laws

You agree and acknowledge that

  • You shall not use this PICSY app for any purpose that is unlawful and illegal.
  • You shall not try to penetrate the PICSY app and will not implant any virus, Trojan, worm, spyware, malware, spam, spim, scareware, bots, logic bomb, time bomb, key-loggers and any other automated tool like DOS or DDOS attack tool (Denial of Service attack) which may lead to computer related offences on our PICSY app
  • You shall not use this PICSY app for publishing or promoting or transmitting pornographic data or child pornographic details
  • You shall not carry out any web jacking attacks on this PICSY app.
  • You understand, agree and acknowledge that you may be held responsible for above criminal, fraudulent, dishonest and injurious activities under criminal offences’ sections 65, 66, ,66B,66C,66D,66E,66F,67,67A,67B,84B and 84C of Indian Information Technology Act,2000 including any amendments therein based on your IP address and other relevant details.
  • You further agree and acknowledge that you may be held responsible under sections 43, and 45 of Indian Information Technology Act, 2000 including any amendments therein for compensating damages to LLP or any other affected party due to business losses such as financial losses, outage losses, opportunity losses, reputational losses and other overheads like repairing, fixing and maintenance in case of any cyber contravention on your part.

Privacy of Data

All details of PICSY will be stored securely on the web server. It is compulsory to refer and agree with our privacy policy and reasonable security practices & procedures.

Third Party Links

We may choose from time to time to provide links to various third-party app/web links from the PICSY app. This may include links to sites owned by our associated companies. These third-party links are provided for your convenience only and are accessed at your own risk. You agree that we have no responsibility or liability for any independent policies or actions of these third-party sites and are not responsible in any way for the privacy practices, customer service practices, content or availability of any such app/web links. You also agree and acknowledge that we shall not be responsible in any way for any damage or loss caused in relation to the content or services available through such app/web links.

Contents of PICSY

Templates, information, reports, videos, blogs, newsletters and every other feature (Collectively known as “online contents of PICSY”) may be added to and removed from the Service without notice. The templates, information, reports, videos, blogs, newsletters and other details included in the Service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Every effort is made to keep online contents up to date but users should obtain independent verification or advice before relying on any piece of information in circumstances where loss or damage may result. The Service and online contents are provided on an ‘as is’ basis and we exclude to the extent permitted by law all implied warranties relating to fitness for a particular purpose.

Reasonable care has been taken to ascertain the accuracy of all contents. PICSY unequivocally states that the contents provided in the PICSY app shall not be considered as the authority on that topic / subject. Should the user find that any content is inaccurate or does not agree with that derived by the User then the User may voluntarily undertake to inform PICSY about the same through all available means provided in the PICSY app of PICSY along with the justification / solution / reasoning for the correct content proposed by the user. The User undertakes and acknowledges that PICSY shall not be held responsible for any content(s) given that may be / have been proven wrong at a later stage, without recourse through a meaningful dialogue with PICSY and providing PICSY an opportunity, if required, to undertake corrective action in a mutually agreeable time frame.

Publicity

Both the Parties agree that they shall use the name of each other in any of the promotion, marketing or announcement or press release without the prior consent of the other Party.

Indemnity

You shall fully indemnify and hold harmless the LLP and the LLP’s parent, subsidiaries, affiliates, third-parties 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 the user agreement including the rules and policies incorporated herein by reference, or your violation of any other User Agreement, law, rules or regulations or the rights of a third party.

Intellectual Property Rights (IPR)

All intellectual property rights and other rights in contents of PICSY app (in both machine readable and printed form) belong to us. Users shall not obscure or remove any copyright notices that appear on online contents published on PICSY app. However, we may use your online contents for our data analytics purposes as per our privacy policy.

The graphics, software, display formats, templates (excluding your photos, logo and other relevant details ), design, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data, flow and every other matters related to the PICSY app are owned by the LLP and protected under applicable Indian and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “PICSY” and other marks are either trademarks or registered trademarks of Picsy Prints LLP having its registered office at 401, Kashi Parekh complex, Swastik Cross Road, Off. C. G. Road, Ahmedabad -380009 Gujarat

Also, PICSY provides ready to personalize Book Template to you without any charges. Such a template will be personalized by adding school/organisation logo, messages & school/organisation’s photos. Master template from where we create these school book templates are non exclusive. PICSY may use these design for other schools/organisations unless shcool/organisation has engaged us commercially to create exclusive design or school/organisation provides ready to use design.

We have started using PICSY trademark on DD.MM.YY and we have uploaded PICSY materials on our server on DD.MM.YY. You hereby agree and acknowledge that aforesaid dates shall be considered as documentary evidences for proving our first ownership for all IPR relating to PICSY. You hereby agree and acknowledge that aforesaid dates shall be considered as documentary evidences for proving our first ownership for all IPR relating PICSY.

You shall not make any changes in the design, templates, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data, flow and every other related matters. Further, you shall not have any rights to compel/force us to make any changes in aforesaid matters. The LLP whenever deems right shall have the authority to change design, templates, placement, layout, fonts, style, Interface/UI/UX (User Interface/User Experience), compilation, digital conversion, migration process of data, flow and every other related matters which shall be applicable to all PICSY users. An intimation of the modification in design may be made via email on the given correspondence email id.

You agree and acknowledge that IPR shall include but not limited to following list of modules and sub-modules of PICSY app.

  • User Photos
  • My Uploads
  • School / Corporate Photos
  • Profile Picture
  • Student Login
  • Patent Login
  • Photo Storage
  • Create Personalized Item
  • Face Detection
  • Other modules in systems are followings, Orders, Products, Templates, Content Management, Report

Every effort has been made to ensure the originality and authenticity of every matter on PICSY. Similarities with any other matter on similar subjects / topics available in any form elsewhere are purely coincidental. The user unequivocally agrees to ensure that in event of claiming a copyright violation the user will undertake to first inform us through all available means provided in the PICSY app of PICSY about the nature of copyright violation and suspected user who is prima facie responsible for said copyright violations as well undertakes not to proceed with legal / judicial action without recourse through a meaningful dialogue with us and providing us an opportunity to undertake corrective action, if required, in a mutually agreeable time frame. Further, we have published our intermediary compliance policy as per Section 79 of I. T. Act, 2000 and its rules. Therefore, you agree and acknowledge adhering to grievance related procedure as described in the said intermediary compliance policy.

Other products/services, names of companies and brand names displayed on the PICSY app may be the trademarks or copyrights of their respective owners.

Restrictions:

Users shall not:

  • Append codes for third party advertisement including but not limited to google adsense;
  • re-sell the Service or any part of the contents to others;
  • make the Service or any contents available to Unauthorized Persons on any network;
  • abstract, download, store, reproduce, transmit, display, copy, distribute or use PICSY app other than as permitted;
  • decompile, disassemble or reverse engineer software programs, databases or other systems used by us to provide the Service;
  • use the Service for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others, nor use the Service to send any unsolicited promotional or advertising material, or any volume messages which may interfere with the provision of the Service or the enjoyment of the Service by other users

Termination of services

If, at any time, we have reasonable grounds to believe that the user is not using the PICSY app in accordance with this Agreement including, without limitation, by permitting or acquiescing to the use of the Data by persons other than the users identified in the registration, we may suspend the provision of the Service to the User. You agree and acknowledge that we shall have no obligation to reinstate the Service until disputed issue(s) has been agreed between the parties. You further agree and acknowledge that we shall have no liability for any loss, damage or inconvenience caused to you by such a termination of the Service. Once the termination has been lifted, and provided that the issues surrounding the termination have been resolved, the user will be entitled to receive and missing data (if any) accumulated during the termination period. Also, you agree and acknowledge that any restrictions on access rights due to default on your part shall never be termed as denial of service (DoS) contravention.

On termination of this agreement for any reason:

  1. All licenses granted under this agreement shall immediately terminate;
  2. You clearly agree and acknowledge that there shall not be any back up facility for your data;
  3. The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.

Limited liability clause

You agree and acknowledge that in no event shall the LLP or its directors, managers, staff members, service partners, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the PICSY app, the Pay Facility, or any other services under this Agreement. Further, you clearly agree and acknowledge that the LLP’s liability in any circumstance is limited to the amount of charges of last invoice, if any, paid by you to the LLP. The LLP, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the PICSY app or that the operation of the PICSY app or Pay Facility will be error free and/or uninterrupted. Consequently, the LLP being only an intermediary assumes no liability whatsoever for any monetary damages, mental agony, bodily injury or other damages suffered on account of any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the PICSY app or Pay Facility.

Breach

Without limiting other remedies that the LLP may pursue, the LLP may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your access, and/or refuse to provide you with access to the PICSY app or initiate any legal action it may deem fit, particularly in the event:

  • You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made there under which are incorporated therein by reference;
  • Failure of verification or authentication of any information provided by you;

No actions, omissions or decisions taken by the LLP shall waive any rights or claims that the LLP may have against the User.

Any User that may have been suspended or blocked may not register or attempt to register with the PICSY app or use the PICSY app in any manner whatsoever until such time that such User is reinstated by the LLP. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the LLP reserves the right to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or civil or other proceedings against you.

Grievance Redressal Process

In case of any grievance, objection or complaint on your part with respect to the PICSY app, other Users or the LLP, including any complaints or enquiry about suspension, termination or blocking of your access or right to use the PICSY app, you should promptly raise such grievance or complaint with the designated Grievance Officer at [email protected] and provide him with all necessary information and/or documents to enable the LLP/ Grievance Officer to resolve the issue. The name and contact details of the Grievance Officer is published on the PICSY app as required under the provisions of the Information Technology Act, 2000 and the rules made there under.

Consent

The contracting parties of this agreement give their consent which is not only free but also legal and voluntarily in nature, for the purposes of entering into this contract in terms of this Agreement and related policies.

Actions in Good Faith

Under this agreement, the actions of both the parties shall be deemed as actions in good faith (bona fide) unless there is evidence to the contrary.

Language

  1. All notices given under this agreement shall be in English.
  2. If there is any inconsistency between any document and any version of the same document, the English version shall be deemed as effective and authoritative.

Appropriation of Payments

Unless otherwise agreed and specified in writing, both the parties agreed to the principle of Appropriation of Payments. In this context, the principle of Appropriation of the payment shall mean that: In the case of default on payment on more than two occasions, the subsequent payment shall be regarded as payment towards the fulfillment of the first debt.

Injunction

You clearly agree that breach of this agreement might cause us irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to compensation and any other remedy, we shall be entitled to injunctive relief against such breach or threatened breach, without proving actual damage.

Confidentiality

Both parties to the agreement undertake to keep confidential, all information (oral or written) concerning the business and affairs of the other party which has been obtained or received as a result of entering into this agreement. You categorically and specifically agree and acknowledge that all information, communication and every other material of PICSY shall be kept completely confidential.

General

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the LLP and you shall have no authority to bind the LLP in any manner whatsoever.

Except as explicitly stated otherwise, any notices directed to the LLP shall be given by email to [email protected] and any notices to you by the LLP shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.

This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and the LLP with respect to the subject matter herein.

The LLP at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the LLP assigns this User Agreement on the same terms or such terms that are no less favourable to you.

All remedies of the LLP under this User Agreement whether provided herein or conferred by statute, civil law, and custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

Arbitration

If any dispute arises between you and the LLP during your use of the PICSY app or any service incidental to the PICSY app or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the LLP whose decision shall be final. The place of arbitration shall be Ahmedabad, Gujarat, India. The Indian Arbitration & Conciliation Act, 1996 (including any amendments therein), shall govern the arbitration proceedings without any conflict of laws. The arbitration proceedings shall be in the English language.

Governing Laws

This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Ahmedabad, Gujarat, India shall have exclusive jurisdiction without any conflict of laws. However, in case of any damages due to cyber contraventions, Jurisdiction of Office of Hon’ble Adjudicating officer, Gandhinagar, State of Gujarat (India) under I.T.Act, 2000 shall be made applicable.

This document is an electronic record in terms of Indian Information Technology Act, 2000 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 signatures.

Assignment

This Agreement may not be assigned or sublet by the user without the prior consent of LLP.

Taxes

You agree and acknowledge that we shall never be held responsible for any tax liabilities for your transactions. Further, for avoidance of doubt and notwithstanding anything to the contrary herein, You will indemnify, reimburse and hold us harmless from, for and against any sales, use, gross receipts, excise, franchise, business or other taxes or fees (including penalties, fines or interest thereon) imposed by any government or other taxing authority to the extent such taxes or fees are assessed on us which is your primary legal obligation.

You agree and acknowledge to clearly mention GST registration number and Entity Name, if applicable. You will ensure that the GST registration number and the Entity Name, if applicable corresponds to the billing address provided, as no change in the said details will be allowed once the order is placed.

You further clearly agree and acknowledge that PICSY shall not be responsible for verification of GST registration number and the Entity name, if applicable. Any tax liability arising consequent to non-compliance of law or due to furnishing of incorrect GST registration number and the Entity name, if applicable shall be borne by you. In the event, if you fail to GST registration number, you will be treated as ‘unregistered’ and will not be able to avail any input tax credit.

In any case, the liability of PICSY under GST regime would be limited to the amount of tax charged by PICSY.

Entire Agreement

This Agreement including the current or any renewal Schedule is the complete and exclusive statement of the agreement between the parties hereto and supersedes all prior agreements and communications between the parties concerning the subject matter hereof. The user acknowledges that no reliance is placed on any representation made but not embodied in this Agreement. No variation of this Agreement shall be effective unless in writing signed by the parties and expressed to be such a variation.

Waiver

No failure or delay by us in exercising any remedy, right or privilege under or in relation to this Agreement shall operate as a waiver of the same nor shall any single or partial exercise of any remedy, right, power or privilege preclude any further exercise of any other right, power or privilege.

Heading

The Clause headings in this Agreement are inserted for convenience only and shall not affect the interpretation of this Agreement.

Force majeure

We shall be under no liability for any failure, delay or omission by it in the performance of its obligations under this Agreement if such failure delay or omission arises from any cause beyond our control, including, but not limited to acts of god, acts or regulations of any governmental or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-outs, internet failure, internet ban, courier/supply chain failure and industrial disputes.

Survival

Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination including but not limited to privacy, payment, IPR, indemnity, restrictions, limited liability, arbitration, taxes and others will remain in effect until fulfilled and apply to respective successors and assigns.

Contract Interpretations

In this agreement unless otherwise specified:

  1. Reference to a Subsidiary or Holding LLP is to be interpreted in accordance with the Indian Companies Act;
  2. Reference to a party is reference to a party of this agreement and this includes the party’s permitted assignees and/or the respective successors in title to the whole undertaking;
  3. Reference to a person includes any person, individual, LLP, firm, corporation, government, state or agency of a state, or any undertaking regardless of it having a legal representative or not and notwithstanding of the law under which it exists;
  4. Reference to any statute or statutory instrument or any of its provisions shall be interpreted as a statute or statutory instrument or provisions that is re-enacted or amended from time-to-time;
  5. All words/terms denoting the singular shall include the plural and vice varsa;
  6. All words/terms denoting any gender shall include all genders;
  7. All references to the clauses and Schedules shall be interpreted as reference to clauses or Schedules of this agreement.

Refund Policy

You agree and acknowledge that you believe in our success story and take our services with confidence. Also, You will be able to see the preview of product which you will be ordering for proofing purposes. Such a preview of the product may include low resolution photo warning which means that order will be printed in poor quality. You agree and acknowledge that before selecting services and making payment, you have evaluated preview of the product as per your requirements. Also, you agree and acknowledge that there is a lot of work involved to achieve every milestone while offering services to you. Therefore, you clearly agree and acknowledge that if you elect to cancel your order after payment then you shall not be entitled for any refund. Further, considering the same reasons, you agree and acknowledge that you shall not raise any dispute with payment gateway service providers including but not limited to PayTM and others for refunding the payment. In case if you raise any such disputes then you agree, acknowledge and allow us to instruct payment repository to credit payment in our account as per this clause. In case printed copy is damaged in shipping or there is any error in printing/ packaging then we will reprint the copy and deliver you at our own cost subject to verification of relevant evidences.