Terms and Conditions for PakkaPatriot
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, PakkaPatriot accessible at https://www.pakkapatriot.com.
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. These Terms and Conditions have been generated with the help of the Terms And Conditions Template.
Minors or people below 18 years old are not allowed to use this Website.
Intellectual Property Rights
Other than the content you own, under these Terms, PakkaPatriot and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and PakkaPatriot may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant PakkaPatriot a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. PakkaPatriot reserves the right to remove any of Your Content from this Website at any time without notice.
This Website is provided “as is,” with all faults, and PakkaPatriot express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall PakkaPatriot, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. PakkaPatriot, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent PakkaPatriot from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
PakkaPatriot is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The PakkaPatriot is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between PakkaPatriot and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law u0026amp; Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of in, and you submit to the non-exclusive jurisdiction of the state and federal courts located in in for the resolution of any disputes.
TERMS OF SERVICE
In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The website PakkaPatriot.com, its web applications, and related services is the property of PakkaPatriot, with its Office at 14, Market Road, Gandhi Bazaar, Bangalore – 560004, Karnataka, India.
“You“ or “User“ shall mean any natural or legal person who has agreed to become a member of the Website by providing registration data while registering on the Website or places an order through the website. It shall also mean a person (natural or legal) who is desirous of availing our services offered under the head of BookJunction, another mark belonging to PakkaPatriot.
“We”, “Us”, “Our” means PakkaPatriot.
“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
“User Content” shall mean the content you provide or otherwise make available to us at PakkaPatriot, BookJunction, or otherwise upload during your transactions with Us.
“Content” also includes Marks, and generally all information that is displayed to the user on the website.
“Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.
“Member” means an individual who has registered with the Site. Members choose a Member ID and a password.
“Member ID” means the email address you use (with your password) to login to our Site.
The terms Site, Marks, Content, and Services do not include the sites, marks, content, or services that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party’s website.
“Site” means www.pakkapatriot.com, its respective sub-sites, together with the respective Content, Marks, Products, and Services available from these sites and sub-sites.
BEFORE YOU SET UP AN ACCOUNT BY COMPLETING THE “MY ACCOUNT” FORM (THE “FORM”) OR BEFORE YOU AUTOMATICALLY SET UP AN ACCOUNT BY FILLING THE DETAILS IN THE “CHECKOUT” PAGE BEFORE ORDERING ON THE PAKKAPATRIOT WEBSITE LOCATED AT WWW.PAKKAPATRIOT.COM (THE “SITE”) TO BECOME A MEMBER OF PAKKAPATRIOT AND BEFORE YOU USE THE SITE AND ITS SERVICES (TOGETHER, THE “SERVICE”), IT IS IMPORTANT THAT YOU CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND PAKKAPATRIOT AND GOVERN YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICE. IF YOU AGREE TO THE TERMS AND WISH TO USE THE SERVICE YOU MUST CHECK THE BOX TITLED “I’VE READ AND ACCEPT THE TERMS & CONDITIONS” ON THE FORM DURING THE ACCOUNT CREATION PROCESS OR DURING THE CHECKOUT PROCESS. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT CLICK “I AGREE” AND DO NOT OTHERWISE USE THIS SITE. IF YOU CLICK “I AGREE” OR IF YOU USE THIS SITE AND/OR THE SERVICE ON THIS SITE THAT WILL INDICATE YOUR AGREEMENT TO ABIDE BY THE TERMS.
Except as expressly provided herein, PakkaPatriot grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and use the Service and the Site solely for your personal use. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy all Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.
2. About us
Welcome to PakkaPatriot, a brand owned by PakkaPatriot (ISO 9001:2008 certified). PakkaPatriot provides you with the safest and quickest way to digitize your photographs, videos and also provides a service in screening for your digital photographs. We also provide photo book services which include printing.
The membership of this website is available only to those above the age of 18 barring those ‘Incompetent to Contract’ which inter alia include insolvents.
You agree to provide PakkaPatriot with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys; registration forms or other informational requests). You also agree to keep this information up to date at all times.
As a designated user, You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or We have reasons to believe so, We hold the right to permanently suspend your account.
You may terminate your membership at any time by contacting our Customer Service Department at firstname.lastname@example.org. If you have a dispute with us relating to the Service, you may cancel your membership or cease use of the Service. The cancellation of your membership or ceasing all use of the Service is your only remedy with respect to any such dispute that you may have with us. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you have purchased a Service from us, any such termination or cancellation is subject to any service performed.
You agree that PakkaPatriot, in its sole discretion, may terminate your membership (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files, video or any other Content within the Service, at any time, without notice, for any reason. Further, you agree that PakkaPatriot shall not be liable to you or any third-party for any termination of your access to the Service.
PakkaPatriot reserves the right to delete your account if it has been inactive for more than one (1) year. PakkaPatriot will use commercially reasonable efforts to send you an email notice alerting you to the potential deletion of your account from the Site. If your account remains inactive for ten (10) days after PakkaPatriot sends you the email notification, PakkaPatriot will delete your account, the Content contained in your account, and any personally identifiable information related to your account. This process will also delete any personally identifiable information.
4. Description, Specifications, and Purchasing of Goods and Services
Marketing information provided by us: Any sales and marketing information provided by Us, including but not limited to, sales and marketing literature, catalogs, price lists, documents, etc., shall not constitute a contractual offer capable of Acceptance and would merely exist to be an Invitation to Offer.
Placing an order with us: Your act of placing an order (hereinafter your “Order”) for any goods or services provided by the Website shall be deemed to constitute a contractual offer that may be accepted or rejected, by the Website, at its discretion. In the event We chose to accept such Order, We shall revert to You with a written Letter of Acceptance and such act shall conclude a legally binding contract between You and Us for the delivery of the goods or services ordered.
Cancellation of orders by you: You may, if you wish to do so, cancel your Order for the goods or services within 1 day of placing such Order or before we dispatch the goods or services for delivery, whichever is earlier.
Cancellation of orders by us: However, We reserve the right to cancel your Order, even after Acceptance of the same if We find Ourselves in circumstances wherein:
an event, force majeure, occurs, making impossible the delivery of the ordered goods or services and putting the same out of the scope of our reasonable control; such events may include but not be limited to power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, floods, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or any other natural disaster or any other event that is beyond our control.
Illustrations and Descriptions on our site: The Website shall take reasonable efforts to ensure that the goods and services provided conform and match the illustrations and descriptions provided in the sales and marketing literature like catalogs and price lists available on the Website. The Website, however, does not guarantee that all such illustrations and descriptions shall be accurate reflections of the product due to unwarranted differences in the color reproduction of electronic displays.
If the Website finds or is made aware of, any typographical, clerical or other accidental errors or omissions occurring in the sales and marketing literature like catalogs and price lists, the Website shall make every reasonable effort to rectify the same, to the extent that the existence of such errors or omissions is within the control of the Website, as soon as is reasonably possible.
However, We reserve the right to make any changes to the specifications of the goods and services, without prior notice, provided that such action is essential to conform to any applicable safety or other legal regulations and requirements that govern such transactions.
You hereby unconditionally consent that such communications via SMS and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
You hereby agree and undertake to indemnify us, recruiters, our vendors, and affiliates, against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by you against us, recruiters, our vendors, and affiliates, with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties, and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
6. Charges and Prices
Membership charges: The membership of this website is free of cost but this includes only the browsing of the site, accessing the sale and marketing literature and any other deemed free service.
Prices Displayed and Changes in the Price: The price of the goods and services (hereinafter the “Price”) that you order from Us (not free) shall be displayed on the Website as per the prices in force at that point of time. We shall undertake every reasonable effort to ensure that these prices are correct but the same may not be the case in all situations. In the event, we find upon processing your Order, that the Price of the same has changed, We shall contact You to find out how You may wish to proceed with the Order. However, if your order has already been accepted, such price changes shall not affect your transaction with Us.
You agree to pay in full, the price quoted for your order and any additional amounts incurred, for reasons including, but not limited to, if the Content-type and/or size is different than initially estimated on the order form or if the actual shipping/delivery charges are higher than estimated at the time of your order. If the work performed and/or shipping is lower than originally quoted, you will only be charged for the services provided and/or the shipping costs incurred.
When you place an order, PakkaPatriot will not bill you for the order until you have reviewed your order and work is finished. The invoice will be sent through the mail before delivery and once the payment is done PakkaPatriot will deliver the goods. The courier- shipping and handling costs to send your originals to PakkaPatriot is prepaid by you at the time of placing the order. We are not liable for any damages to your content while in transit. Only once PakkaPatriot receives the content will we be held responsible for the content. There are flexible payment options like cash on delivery, Cheque on delivery and PayuMoney for credit, debit, and net banking. Please note that orders where the courier-shipping option is chosen, PayuMoney is the only mode of payment available. If the payment is not made at the time of delivery, PakkaPatriot reserves the right to keep the originals along with the digitized content and suspend or terminate your access to your account and terminate these Terms.
All Prices, displayed on the Website, include VAT and service taxes wherever applicable. If there occurs any change in the above during the difference of time between the date You place your Order and the date You make the payment, the same shall be incorporated in your transaction with Us. Such changes shall not affect your Order if You have already made payment for the same.
However, Our Prices, as mentioned on the Website, are exclusive of delivery costs for the originals you share with us. The same shall be added to the final amount owed by You to Us as a result of your Order. The Company reserves the right to modify delivery costs anytime it may deem fit and charge You for the same any time before You make payment for your Order.
7. Guarantee on Goods and Extent of Our Liability
The goods or services shall be provided with the manufacturer’s guarantee, wherever the same may be applicable. The Company shall stand absolved of any further responsibility of the goods or services after they have been delivered and shall not extend any further guarantee to the same. For any further details, You may refer to the manufacturer’s guarantee documentation provided with the goods and services delivered.
8. Third-Party Information
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork belonging to vendors (collectively, “Vendor Content”), is third-party user-generated content and we have no control over such third-party user-generated.
This website is the sole and exclusive property of PakkaPatriot or its licensors and vendors. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website.
The content that you post will become Our property and You hereby grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media, whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide and are not entitled to any payment or other compensation for such use.
9. User Obligations
You are a restricted user of this website.
9.1 You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed for the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
9.2 You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Website.
9.3 In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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 including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Post any file that infringes the copyright, patent or trademark of other legal entities.
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another computer;
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of 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.
Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
Disclosure of information to law enforcement and other government agencies: We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
10. Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES, AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PAKKA PATRIOT MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. PAKKA PATRIOT ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. PAKKA PATRIOT ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
11. Indemnification and Limitation of Liability
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
12. LIMITED REMEDY FOR LOSS OF YOUR ENTIRE ORDER
PAKKAPATRIOT ONLY ASSUMES THE RISK OF LOSS OF YOUR ENTIRE ORDER FROM THE TIME THAT PAKKAPATRIOT ACTUALLY RECEIVES YOUR ENTIRE ORDER UNTIL THE TIME THAT PAKKAPATRIOT DELIVERS YOUR ORDER TO A THIRD PARTY CARRIER FOR TRANSPORT. PROVIDED, HOWEVER, PAKKAPATRIOT DOES NOT ASSUME SUCH RISK OF LOSS FOR YOUR ENTIRE ORDER, IF, AFTER RECEIVING YOUR ORDER FROM ANY THIRD PARTY CARRIER, PAKKAPATRIOT DISCOVERS THAT ANY OR ALL OF THE CONTENTS OF YOUR ORDER IS DAMAGED OR LOST. IF PAKKAPATRIOT LOSES YOUR ENTIRE ORDER DURING THE LIMITED PERIOD THAT YOUR ORDER IS UNDER PAKKAPATRIOT’S SOLE CUSTODY AND CONTROL, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND COMPLETE REMEDY FOR ANY SUCH LOSS IS PAKKAPATRIOT’S PAYMENT TO YOU IN THE AMOUNT OF UP TO TEN THOUSAND RUPEES INR 10,000 (THE “SAFE HANDLING GUARANTEE”). YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE SAFE HANDLING GUARANTEE IS A REASONABLE APPROXIMATION OF THE DAMAGES THAT WOULD BE SUFFERED BY YOU FROM THE LOSS OF YOUR ENTIRE ORDER AND IS NOT A PENALTY. YOU BEAR ALL RESPONSIBILITY OF LOSS OR DAMAGE OF YOUR ORIGINAL CONTENT WHILE THE ORIGINAL CONTENT IS NOT UNDER PAKKAPATRIOT’S SOLE CUSTODY AND CONTROL.
13. Third-Party Information
The website hosts information provided by third parties that are intended for informational purposes only. We are in no way responsible to you for the accuracy and legitimacy of the information so hosted. We take reasonable care to ensure such accuracy but, you agree to not hold us liable for the falsification of any such provided information. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice or other content available through the website or obtained from a linked site.
14. Compliance with Laws:
The User shall comply with all the applicable laws (including without limitation Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the Rules made thereunder, Foreign Contribution Regulation Act, 1976 and the Rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, Export-Import Policy of Government of India, The Copyright Act, 1957, as amended from time to time, The Trade Marks Act, 1999, as amended, the Indian Patents and Designs Act, 1911, as amended) governing the Payment Facility and use of the website.
We make reasonable attempts to clear the website of viruses and worms but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any information from the Site. We accept no responsibility for any damages to computer equipment or other property which may result from the use of the website or downloading anything from the website.
16. Disputes and Jurisdiction
If any dispute arises between you and PakkaPatriot during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be appointed by us. The place of arbitration shall be Bangalore. The arbitration proceedings shall be in the English language and the costs of the proceedings shall be borne by the parties equally.
17. Photo Restoration Services
Your Uploads: You may electronically upload photographic images as part of your use of the Service (“Uploads“). Under these Terms, you agree that you will NOT submit, either physically or electronically, any of the following material to PakkaPatriot:
Any Prohibited Content, as such term, is defined in PHOTO SECTION of these Terms; or
Any material sent from an anonymous or false address.
While PakkaPatriot is not responsible for and does not comment on, the content of Uploads provided by PakkaPatriot users, PakkaPatriot reserves the right in its sole discretion to (i) delete, move or edit Uploads that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that PakkaPatriot deems necessary relating to use or misuse of the Service. PakkaPatriot may request confirmation of the copyright or trademark ownership from the submitter. If PakkaPatriot does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Uploads, PakkaPatriot reserves the right to (i) suspend the processing of an order relating to the Upload in question, and/or (ii) share the uploader’s account information with governmental organizations, law enforcement authorities or other third parties. If you, as an uploader, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, PakkaPatriot reserves the right to suspend the display, viewing or sharing of any Uploads until the issue has been resolved. You hereby grant to PakkaPatriot a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Uploads for the sole purpose of delivering the Service to you. In addition, you warrant that all moral rights in any Uploads, and uploaded materials, have been waived and do hereby waive any such moral rights.
The physical or electronic delivery of your images to PakkaPatriot constitutes permission for PakkaPatriot to perform image-editing services on your images. PakkaPatriot will not be liable for the content of any Upload and expressly disclaims all liability relating thereto.
PakkaPatriot is not responsible for lost, stolen or corrupt downloads made from the Site in connection with the restoration services.
Copyright Notice. PakkaPatriot is committed to protecting photographers’ copyrights and expects users of the Service to do the same. Each image uploader is required by law to own the right to, or to obtain permission to, use and alter any image before the image is delivered, physically or electronically, to PakkaPatriot. At PakkaPatriot’s sole discretion, and in appropriate circumstances, PakkaPatriot may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others.