Terms & Conditions
© 2016 UPANAYANAM Inc. All Rights Reserved
All features, content, specifications, products and prices of products described or depicted on the Site (the “Products”) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make reasonable efforts to accurately display the attributes of the Products; however, we do not warrant that Product descriptions or prices are accurate. For example, Products may be unavailable, quantities of Products may be limited, and Products may have different attributes than those listed on the Site or may be sold at different prices than those listed on the Site. Also, please keep in mind that the actual colour of a Product that you see will depend on your computer system, and we cannot guarantee that your computer will accurately display Product colours. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product and/or to refuse acceptance of any order. We also may require verification of information prior to the acceptance and/or shipment of any order.
If there is an issue with your order, please contact us right away at [email protected] so we can determine the best way to address your concern.
All our sales / ordering process is final, since we make these cards especially for you. We do not provide refunds. But, to assure your 100% satisfaction, we will discuss to meet your needs upon return of the original items. Shipping charges may apply.
When an order is placed, it will be shipped to the address designated by you at check-out, as long as that shipping address is compliant with any shipping restrictions contained on the Site. The risk of loss and title for Products purchased by you passes to you upon our delivery of the items to the carrier. We are not responsible for damaged and/or lost shipments once we deliver Products to the carrier.
Intellectual Property Rights
The design of the Site and all text, graphics, information, content, product design, and other material displayed on or that can be downloaded from the Site (collectively, the “Content”) belongs to us or our licensors. All of the foregoing are protected by copyright, trademark and other laws, and may not be used except with the prior written permission of the owner of such material. You must not modify any Content in any way or reproduce or publicly display, perform, or distribute or otherwise use any Content for any public or commercial purpose. You must not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit any Content. Any unauthorized use of Content may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and is prohibited. In the event of a violation, we or our licensors reserve the right to seek all remedies available at law and/or in equity.
The Artist Maya name and logo displayed on the Site (the “UPANAYANAM Marks”) are our sole and exclusive property. Other company or Product names and logos used and displayed on the Site are trademarks of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the UPANAYANAM Marks or other trademarks displayed on the Site, without our written permission or the written permission of the owner of the trademark, as the case may be.
Notice of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyrights, you may notify us by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the User Submission or other Content that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the same;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the User Submission or other Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
UPANAYANAM, Artist Maya Wedding Cards, 225,15th Avenue, Chennai – 89.
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
Prohibited Uses of the Site
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that (a) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (c) contain chain letters or pyramid schemes; (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (e) include any information that references other websites, addresses, email addresses, contact information or phone numbers; (f) impersonate any person, business or entity, including our company and our employees and agents; (g) encourage conduct that would constitute a criminal offense; (h) give rise to civil liability; (i) otherwise violate any law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising); or (j) in doing so, amounts to any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying, or is otherwise detrimental to, the Site or any Product. You shall not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site.
Linking to the Site
Creating or maintaining any link from another website to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any Content in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rule and regulations
Third Party Sites
Periodically, links may be established from the Site to external websites operated by third parties (each, a "Third Party Site"). These links are provided for your convenience only and do not imply that we endorse any Third Party Site or any content therein. We do not control and we are not responsible or liable for any Third Party Site or any content, advertising, products, or other materials on or available from any Third Party Site. Access to a Third Party Site is at your own risk, and we will have no liability for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any content, goods, or services available on or through any Third Party Site.
You may choose to create an account at the Site (an “Account”). In order to do so, you will have to create a username and password, and provide certain information about yourself. To protect your Account, you should choose a username and password different than names, birthdays, or street addresses associated with you. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer, and agree not to disclose your username and password to a third party. You are solely responsible for all activities that occur under your Account or with your username and password.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TOGETHER WITH OUR AFFILIATES, SUBSIDIARIES AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “UPANAYANAM PARTIES”) DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NONE OF THE UPANAYANAM PARTIES WILL BE LIABLE FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE. NONE OF THE UPANAYANAM PARTIES WARRANTS THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, THE SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NONE OF THE UPANAYANAM PARTIES WILL BE RESPONSIBLE FOR THOSE COSTS. YOU AGREE THAT YOUR USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
ALL USER SUBMISSIONS ARE PROVIDED BY USERS AND NOT BY US. WE HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE USER SUBMISSIONS. AS SUCH, NONE OF THE UPANAYANAM PARTIES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND NONE OF THE UPANAYANAM PARTIES WILL HAVE ANY LIABILITY IN CONNECTION WITH, ANY USER SUBMISSIONS.
THE PRODUCTS ARE PROVIDED BY THIRD PARTY MANUFACTURORS AND SUPPLIERS, AND NOT BY US. THE PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES MADE BY THE APPLICABLE MANUFACTURERS OR SUPPLIERS, IF ANY. NONE OF THE UPANAYANAM PARTIES MAKES, AND HEREBY DISCLAIMS, ANY WARRANTIES AND REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE WARRANTEIS OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THE ELOQUII PARTIES WILL HAVE ANY LIABILITY IN CONNECTION WITH ANY PRODUCT
Limitations of Liability
IN NO EVENT WILL ANY OF THE UPANAYANAM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, ANY USER SUBMISSION OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE ELOQUII PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
In the event of any problem with the Site or any Content, you agree that your sole and exclusive remedy is to cease using this Site. In the event of any problem with any Product, you agree that your sole and exclusive remedy, if any, is from the manufacturer of such Product, in accordance with such manufacturer's warranty, if any, or to seek a return and refund for the Product in accordance with our Return Policy.
Revisions to these Terms and Conditions
You or we may suspend or terminate your Account, your use of the Site, and/or your ability to make User Submissions at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.