OPTIMALPRINT TERMS & CONDITIONS
Last Updated Date: 3 July 2023
This site is owned and operated by: Gelato Print Services India Private
Limited.
The Terms & Conditions are set by Gelato Print Services India Private
Limited (“Gelato”, “we, “us”, “our”) and accepted by you ("you", or "your"), also referred to as “user” or “users”
upon your use of the Site and/or the Services. Gelato together with you
will be referred to as “parties”, each one as “party”.
Description of Services
Gelato offers graphic design templates and services including printing for the corporate and private consumer market (the “Services”) under the trademark and trade name “Optimalprint”. The Services include being able to store printed material from previous orders, images, pictures and logos under "My Account" onwww.optimalprint.in (the " Site"). The Services do not include distribution services. As used in these Terms & Conditions “Products” refers to the physical products designed and ordered by you using the Site and Services, “Customer Content” refers to the text, pictures and/or photos owned by You which You incorporate into the Products and “ Website Content” refers to the material, owned by Gelato, at the Site used in the ordering process such as all fonts, tools, text, pictures, images, graphics, user interfaces, audio clips, editorial content, photographs, templates, document layouts, logos, artwork, other information on the Site, and the scripts and software used to implement and provide the Services.
Terms and Conditions
These Terms & Conditions (hereinafter “terms”) govern your access and
use of the Site and the Services. By accessing or using the functions of
the Site and/or accessing or using the Services, you agree to be bound by
these terms. The contract made by you online with us incorporates these
terms, which shall prevail over any previous representations made by us or
you, whether written or oral, and all terms and conditions proposed by you.
By clicking the "I accept" and "sign in" button, registering for an account you represent that (1) you have read, understand, and agree to be bound by these terms and conditions, (2) you are of legal age to form a binding contract with Gelato, and (3) you have the authority to enter into these terms and conditions personally or on behalf of the company you have named as the user, and to bind that company to the terms and conditions. If you do not agree with these terms and conditions or do not have the authority to agree to them on behalf of your organisation you must not register for an account with us and must not use the Services.
If you subscribe to the Optimalprint premium services for one year, it will automatically be renewed for additional one year periods at Gelato’s then-current membership rate for such services unless you decline to renew your subscription in accordance with the section titled “Optimalprint premium benefits and communication” below.
The terms and conditions limit the remedies that may be available to you in the event of a dispute.
Changes to the terms and conditions
We reserve the right, at our sole discretion, to update, change or replace
any part of these terms by posting updates and changes to our website. It
is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the
posting of any changes to these Terms of Service constitutes acceptance of
those changes.
Gelato order cancellations, transfer and changes
Gelato, in its sole discretion, may take any action that it deems necessary, in its sole discretion, in respect of an Order made via the Site and/or the Services, to minimize liability for Gelato and its representatives, including removing any information or requests, immediately terminating the Services, or immediately terminating or changing an Order. In the event the Services or Order is terminated or cancelled by us, you will be refunded the entire sum paid for the Order within [14] days of such termination or cancellation. We will take your consent prior to changing an Order.
The Site and its Website Content contain proprietary information and material that is owned by Gelato, and/or its subsidiaries and/or affiliates and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright. Subject to the terms, Gelato grants you a limited license to reproduce portions of the Website Content for the sole purpose of using the site and Services for your personal or internal business purposes. You acknowledge and agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these terms. All rights in the Site and its Website Content are reserved worldwide by Gelato, its providers of Third Party Content, and other third party service providers, and it is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Website Content except as expressly allowed in these terms. You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site and its Website Content.
With respect to any software and associated documentation that is made available to you via the Site or the Services (“Software ”), subject to your compliance with the terms, Gelato grants you a non-assignable, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software for the sole purpose of enabling you to use the Services in the manner permitted by the terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
The use of the Site, the Website Content, or any part of the Services, except for use of the Site and Services as permitted in these terms and conditions, is strictly prohibited and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement and other forms of infringement.
In addition to the Website Content, the Site and/or the Services may contain information and materials provided to Gelato by third parties (collectively, “Third Party Content”) either as part of the Website Content or otherwise. Third Party Content is the copyrighted work of its owner, who expressly retains all rights title and interest in and to the Third-Party Content, including, without limitations, all intellectual property rights therein and thereto. Any and all Third-Party Content shall be subject to these terms to the same extent as Website Content.
Website Content on this Site and Your Associated Rights
Gelato can at any time without prior notice add to, delete from, or modify
any part of the Website Content. You do not obtain any right or claim to
any parts of the Website Content through your creation of a Product. Other
Gelato customers may use any part of the Website Content to create designs
(e.g., logos) that have similar or identical combinations of elements of
the Website Content as Your Product and Gelato does not represent, warrant,
covenant or guarantee that your Product will not have similarities to
designs designed and used by other parties. Gelato provides no
representation, warranty, covenant, or assurance of any kind whatsoever
that Products created using the Website Content will not infringe, or be
subject to a claim of infringing the trademark rights, copyright,
industrial design rights, other intellectual property rights, or other
rights of another party, and you are solely responsible for ensuring that
the Products do not infringe the intellectual property rights of any third
party. It is solely your responsibility to obtain the advice of an attorney
regarding whether the design is legally available for your use and does not
infringe the rights of another party.
You may use this Site and its Website Content for the sole purpose of
creating, designing, and ordering Products from Gelato solely through the
Optimalprint site. No other download, retention, use, publication, or
distribution of any portion of the Website Content is authorized or
permitted. You shall not use any portion of the Website Content received
from Gelato or via the Site, apart from including elements of the Website
Content that are intended to be included in the finished Products as they
are supplied by Gelato.
External
Links
External links on the Optimalprint site are provided for your convenience. Gelato does not endorse, verify, or attest to, or offer any representation or warranty with respect to, the accuracy of the content of the web sites that are linked and accepts no responsibility for their use or content. You use all external links at your own risk.
Eligibility and Account Administration
As a registered User of the Services, you may receive an account registered with Gelato at the Site allowing a User to use features of the Services including placing Orders (an “Account”).
You must be at least 18 years old or otherwise have parent or guardian
permission to use the site. By using the Site, you represent and warrant
that you are at least 18 years old or have that permission.
You agree to provide and keep accurate, current, and complete information
required to register an Account, place Orders and whenever information
relating to You is required in connection with the Site or Services (the " Registration Data"). Gelato may terminate your right to
access and/or use any or all of the Site, an Account or the Services if any
information you provide is false, inaccurate or incomplete. You agree that
Gelato may store and use the Registration Data you provide (including
credit card information) for use in maintaining your Accounts and billing
fees to your credit card, and for otherwise allowing Gelato to manage
Accounts.
You are solely responsible for maintaining the confidentiality and security
of your Account and related password information. You must not allow any
login password or username for your Account to be used by multiple users or
individuals. You are entirely responsible for all activities that occur on
or through your Account, including placing orders and you agree to
immediately notify Gelato of any unauthorized use of your Account or any
other breach of security that you become aware of. Gelato shall not be
responsible for any losses arising out of the unauthorized use of your
Account.
Your Content
Gelato does not claim ownership of Customer Content. However, you represent that you own and/or have a right and license to use, license, reproduce, create derivative works from, and distribute the Customer Content (in whole or in part). You grant Gelato a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, and create derivative works from the Customer Content (in whole or in part) to the extent necessary for the purposes of providing you with the Services and Products.
You acknowledge and agree that we have no obligation to monitor the requests, information or Orders accessed or transmitted by or to you via the Site or the Services. You are solely responsible for the accuracy, substance, clarity and quality of the Customer Content. You acknowledge that you are responsible for any text you include in the Customer Content including the spelling. You acknowledge that Gelato has no obligation to pre-screen, review or edit Customer Content, although we reserve the right in our sole discretion to pre-screen, refuse or remove any Customer Content. By entering into the terms, you hereby provide your irrevocable consent to such monitoring. In the event that we pre-screen, refuse or remove any Customer Content, you acknowledge that we will do so for Gelato’s benefit, not yours. Without limiting the foregoing, we shall have the right to reject and refuse to print any Customer Content that violates the terms or is otherwise objectionable.
Gelato has no responsibility or liability for the failure to store, transmit or receive transmission of Customer Content or the security or privacy of Customer Content. You agree that we retain the right to create reasonable limits on our use and storage of Customer Content through your Account, such as limits on file size, storage space, processing capacity, and similar limits described on the Site and as otherwise determined by the Gelato in its sole discretion. We may delete Customer Content once we have completed your Order for a Product.
Conducts of Use
You agree to use this Site and the Services in a responsible manner that is in full compliance with these terms and with your local laws and regulations, including export and import regulations.
You agree that you will not use the Site, the Services, any functionality of your Account, or any portion of the Website Content:
(a) to produce Products that at Gelato´s sole discretion are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable;
(b) as a trademark or service mark;
(c) for any use that, in Gelato´s sole discretion, is pornographic, for any unlawful purpose, to defame any person, to violate any person's right of privacy or publicity;
(d) to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
(e) to perform actions with the intent of introducing to any Site, the Services, or and related storage devices or networks any viruses, worms, defects, Trojan horses, malware or any items of disabling, disruptive or destructive nature;
(f) interfere with or disrupt any Site, any Account or the Services, or any related storage devices or networks over which any of same are provided;
(g) copy, mirror, alter, disassemble, decompile or reverse engineer any Site, any Account or the Services, or attempt to derive or extract the source code from all or any part of the software making up or supporting any of the foregoing;
(h) sell, resell, license, sublicense, rent, lease, lend, market, transfer, assign, distribute, offer in a
service bureau, time share, or otherwise part with or make available to any third party, in whole or
in part, any Site, any Account or the Services;
(i) other than use of the Site or the Services by you in accordance with these terms, offer, for a fee or free of charge, services consisting of processing data through the use of any Site, any Account or the Services;
(j) view or intercept email or any other electronic transmission not intended for you;
(k) engage in practices such as “screen scraping”, “database scraping” or “automated form filling” to retrieve, test or obtain lists of Users, orders or other information generated or processed by or stored via the Site, any Account or the Services; and/or
(l) access the Site, any Account or the Services for any benchmarking or competitive comparison purposes.
Gelato shall be entitled to cancel or refuse any Order for any Product that
does not conform to any of the above. Gelato may terminate the Account of
or the rights to use or access the Services of customers found to be using
the Optimalprint site to engage in any of the foregoing activities. You are
solely responsible for your use of Website Content in combination with any
other images, graphics, text or other materials you incorporate into your
Products. You represent, warrant, and agree that you will not include any
text, image, design, trademark, service mark, or any copyrighted work of
any third party in your Products unless you have obtained the appropriate
authorizations from the owners. You represent, warrant, and agree that your
Products do not infringe upon any rights of any third party, including
copyright, trademark, right of publicity or privacy, and will not libel or
defame any third party, and that you have all required rights or
permissions necessary to incorporate third party material into your
Products.
By placing an Order on this Site, you warrant that you have all necessary
permission, right and authority to place the Order and you authorize Gelato
to produce the Products on your behalf.
Changes to accounts and services
Gelato reserves the right, for any reason, in its sole discretion, to terminate, change, amend, or suspend an Account or any of the Services. Gelato may impose limits on all or certain features of the Services or restrict your access to part or all of the Services or the Account without notice or liability.
Your access to the Site, an Account and/or the Services is completely at the discretion of Gelato, and Gelato reserves the right to block, suspend or terminate your access to the Site, an Account and/or the Services at any time for any reason including (i) non-compliance with these terms (ii) actions that may lead to liability for Gelato or its staff, consultants and associated persons and organizations including affiliates, suppliers or service providers, (iii) disruption of access to other Users, and/or (iv) violation of applicable laws or regulations.
You agree that Gelato may without prior consent delete your Account and any related materials including Personal Information (as defined in our Privacy Policy), data, text, files, images and all other materials and that Gelato may prevent any further access by you to any such data. In particular, it is our absolute policy to reject any materials, which we, at our discretion, consider to be obscene, in bad taste or in any other way
inappropriate (whether or not to print such materials would be illegal or unlawful).
You agree that Gelato shall not be liable for any loss or damages to you or any third party resulting from the deletion or loss of such information or resulting in any way from the termination of your account and that you will keep Gelato fully and effectively indemnified against all losses, liabilities, damages and costs (including legal costs on a full indemnity basis) suffered by us in connection with or arising from any changes to your account or the Services, any deletion or loss of your information, or deletion of your account, any of the website content, or any products or
Services.
You must pay for any Product Order by credit card, PayPal account, or debit card, or by other means as Gelato deems satisfactory in its sole discretion, at the time of order. Payment will be taken in full at the time of the order unless you choose to pay by invoice where this invoice service is offered.
The price of any Product is the price in force at the date and time of your Order. Service or product transactions may be subject to sales tax based on the bill-to address or delivery address and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for the
applicable address changes before delivery of the Products, the new tax
rate in effect at the time of delivery will apply. Gelato will only charge tax in jurisdictions where such transactions are taxable. No customers or Users are eligible for tax exemptions for transactions made using the Site or Services.
Gelato uses Adyen B.V. as the third party service provider for payment
services (e.g., card acceptance, merchant settlement, and related
services). By using the Services, you agree to be bound by Adyen B.V.’s
Terms of Service and Privacy Policy. You hereby consent and authorize
Gelato and Adyen B.V. to share any information and payment instructions you provide to the extent required to complete your transactions in accordance with the terms, including personal, financial, credit card payment, and transaction information.
You represent, warrant, and undertake that all details you provide to us
for the purpose of purchasing Products which may be offered by us on the
Site will be correct; that the credit charge, PayPal account or debit card which you use is your own and that there are sufficient funds or credit
facilities to cover the cost of any products. We reserve the right to
obtain validation of your credit charge, PayPal account or debit card
details before accepting your Order.
The contract shall not have been concluded and we shall have no obligation to you until we have received your valid credit card charge, PayPal charge,or debit card payment details.
Optimalprint Store Credits
Optimalprint may, at its discretion, offer credits which may be used towards future purchases on Optimalprint’s website (“Store Credits”). Store Credits are issued in the form of the currency selected for your account but cannot be exchanged for cash, refunded, or credited back to any payment method. Store Credits are non-transferable and can only be used by the account holder to whom they were issued. Store Credits have a validity period, which determines the timeframe within which they must be utilized. Unless otherwise specified, store credits are typically valid for a period of 3 months from the date of issuance. Once the validity period of Store Credits has expired, any remaining balance will be forfeited and cannot be used for future purchases. Gelato reserves the right to modify or terminate any Store Credits program, including the conditions outlined in this section, at any time without prior notice. Such modifications or terminations will not affect Store Credits already issued within their respective validity periods.
We will endeavour to process your Order and manufacture your Products within one (1) business day. However, we cannot fully predict or guarantee the time required to process your Order. You acknowledge and agree that Gelato is not obligated to process your Order or manufacture your Products within any specific time limitation and is not responsible or liable for the length of time necessary to process your Order or manufacture your Products.
Delivered Product
Products supplied may differ from the view of the Product shown at the
Site, in terms of the sharpness, brightness, or identity of colors, as a
consequence of multi-standard color systems, notably the international
screen based color system of RGB and the print color system of CMYK.
We endeavour to display and describe as accurately as possible the printed colors of our products that appear on the website. However, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product delivered.
Shipment and Delivery
Gelato has the sole right to choose the carrier that will deliver your Products. Upon completion of printing, all sets of printed Products ordered will be sent by regular post unless otherwise stated by Gelato. Your Order will be deemed delivered and title and risk of loss transfer to you upon our delivery of your Order to any common carrier. We do not take any responsibility for and shall not have any liability whatsoever for (i) any Products once delivered to a common carrier, and/or (ii) any acts or omissions, including any distribution, relating to Products once delivered to a common carrier.
We will endeavour to deliver your Order in accordance with the estimated delivery time stated for the delivery option chosen by you in the check-out page. Notwithstanding the above, we are dependent on the carrier chosen to perform the delivery and if they encounter any problems to meet the delivery time, we will work together with them trying to solve the situation. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
We cannot guarantee that printed Products ordered will be shipped jointly. We will use commercially reasonable efforts to endeavour to minimize delivery costs borne by you.
You agree that delivery of any electronic Product that is to be provided to the customer in an electronic format, shall be deemed to have occurred
either (i) at the time we transmit the electronic Product via email or
other electronic communication addressed to the customer or (ii) at the
time we transmit a notification to the customer that the electronic Product is available for downloading from the Site.
Gelato has no responsibility or liability for any errors or omissions in the shipping address, email address or other electronic communication address provided by you. You are solely responsible for ensuring such information is accurate and current.
Return Policy
In general, an Order that is placed cannot be changed or cancelled. If
possible, the limitations and restrictions related to changes and/or
cancellations of your Order are specified at the Site and/or in the order confirmation received.
If we deliver incorrect or damaged physical Products, or in the event that you discover any defect in the Products or if you are not satisfied with the quality of the Product delivered (our “Quality Guarantee”) and you require compensation or other remedy, you must report the defect within 14 days of delivery of the products, by contacting us at [email protected] . You may be asked to and are if so requested to provide photographic or other documentary evidence of the existence of a defective, damaged or incorrect Product or the quality issue for which you are not satisfied with the Product.
Refund
Subject to you being responsible for the Customer Content and following your report of the existence of a defect in a Product or a dissatisfaction of the quality of the Product delivered in each case within the time frame specified above we will at your option, redeliver a Product or refund the purchase price paid for such Product to you. For clarity, if you want to change the Customer Content or if you have made a spelling or other text mistake in the Customer Content we will not redeliver or refund thepurchase price to you.
If we receive repeated requests from you to obtain refunds and have a reasonable basis for concern as to the potential misuse of our refund policy, we reserve the right to not accept additional orders from you and to further investigate the defect or issue before providing additional refunds.
Optimalprint Plus
Following terms apply only to customers who accepted to become a member of our Optimalprint Plus loyalty program.Optimalprint Plus is our loyalty-based membership program through which members get access to free delivery of all their orders. Members also get access to exclusive and members-only deals and promotions, will receive early and exclusive updates on newly launched products and design collections, and get an extended 30-day Unlimited Guarantee on everything they buy on the site.
Optimalprint does not guarantee that the membership program will remain available at all times and reserves the right to modify or discontinue the program at any time.
Optimalprint Plus benefits and communication
Optimalprint Plus members are entitled to free standard delivery. A single order equates to a single delivery parcel. An order should have no more than 5 items to qualify for free standard delivery under the membership programme (this item limit excludes Cards).This does not include Express, Premium or any Priority shipping methods. However, in cases where standard delivery is unavailable, we will ship using the least expensive alternative shipping method for free.
Members are also entitled to a 30-day satisfaction guarantee (“Unlimited Guarantee”) which means that if you are not entirely satisfied with your order, you can return and receive a full refund (including shipping costs). The 30-day period starts from the date your Order is placed.
Optimalprint Plus members may also receive exclusive deals, promotions, and launch updates presented by email, SMS and/or push notifications.
We may from time to time change membership benefits and the terms and conditions of membership at our discretion.
Optimalprint Plus membership term
The type of yearly membership (fixed or recurring) will vary depending on the date you become a member of Optimalprint Plus.
a) IF YOU HAVE SIGNED UP FOR OPTIMALPRINT PLUS ON OR AFTER AUGUST 10 2022, YOUR OPTIMALPRINT PLUS MEMBERSHIP HAS AN INITIAL TERM OF 12 MONTHS (“INITIAL TERM”) AND WILL AUTOMATICALLY RENEW FOR SUBSEQUENT PERIODS OF 12 MONTHS, UNLESS YOU CANCEL THE MEMBERSHIP PRIOR TO THE END OF THE RELEVANT TERM.
b) If you have signed up for Optimalprint Plus membership at an earlier date (no later than August 10 2022), your Optimalprint Plus membership has a limited term of 12 months and will automatically expire upon the end of the 12-month period.
IMPORTANT
- If your membership is subject to auto-renewal (situation a), unless you notify us before the yearly renewal date that you do not want to automatically renew and that you wish to cancel your membership on the expiry of the relevant term, your Optimalprint Plus membership will automatically renew for a new 12-month term, and you authorise us to charge the then applicable membership fee for the renewed subscription term to any payment method we hold on your account.
If all eligible payment methods we have on file for you are declined for payment of your membership fee, you must provide us a new eligible payment method within 30 days or your membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your new Optimalprint Plus membership period will be based on the original renewal date and not the date of the successful charge.
- If your membership is fixed term (situation b), free shipping will be subject to a limitation of 50 orders within 12 months. If a customer exceeds 50 orders within 12 months, they can take out another membership before their original expiration date. This will restart the membership term, which will expire 12 months after the day the most recent membership was purchased.
Optimalprint Plus Limitations
- We reserve the right to accept or refuse membership at our discretion.
- The membership is strictly limited to your personal and private use only, and may not be used for reselling Optimalprint products or for conducting any business or commercial activity. We reserve the right to monitor activity and to suspend, terminate or cancel any membership which we would reasonably suspect to breach these terms. Any abuse of membership will result in cancellation.
- You may not transfer or assign your Optimalprint Plus membership or any Optimalprint Plus benefits to any other person, user, or customer. Your Optimalprint Plus membership is personal to you – you must not share your login details with any other user.
- From time to time, we may choose at our sole discretion to add or remove Optimalprint Plus membership benefits.
- From time to time we may change the membership fee – this will take effect immediately for new members and, for existing members, upon membership renewal.
Optimalprint Plus Fees
The current annual membership fee for Optimalprint Plus is stated on the Optimalprint website and during the checkout process. From time to time, we may offer different membership terms, and the fees for such membership may vary. The annual membership fee is non-refundable except in the circumstances set out below. VAT may apply to the membership fee.
AS OUTLINED ABOVE, IF YOU HAVE SIGNED UP FOR OPTIMALPRINT PLUS MEMBERSHIP ON OR AFTER AUGUST 10, 2022, YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AT THE END OF THE INITIAL TERM, AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE.
Optimalprint Plus Membership Cancellation
You are entitled to cancel your Optimalprint Plus membership at any time.
If you cancel your membership, you will not be entitled to any refund of the membership fees but you will continue to enjoy the Optimalprint Plus membership benefits until the end of the current subscription Term.
You separately have the right to change your mind 14 days after you first become a member and within 14 days following every subsequent yearly renewal: in this case, you may cancel your membership by notifying the Customer Service team about your intent to cancel your membership within the timeframe specified above. If you choose to start using your membership benefits during this 14 day ‘cooling off’ period, we reserve the right to charge you a proportionate fee for any such use.
Optimalprint Plus Termination by us
We may terminate your Optimalprint Plus membership at our discretion without notice. If we do so, we will give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these terms or any applicable law, involves fraud or misuse of the Optimalprint Plus membership, or is harmful to our interests or those of another user or member.
You agree that you shall indemnify, defend and hold harmless Gelato and all
parties from whom Gelato has licensed portions of Website Content, and
their directors, officers, and employees, against all claims, liability,
damages, costs and expenses, including reasonable legal fees and expenses
arising out of or related to: (i) your breach of these terms; (ii) your use
of, or inability to use, the Site or the Services; (iii) any action taken
by Gelato as part of its investigation of a suspected violation of these
terms; (iv) your violation of any third party intellectual property or
other rights in relation to your use of the Site or the Services; or (v)
any suit, claim, or demand arising from or relating to the Customer Content
incorporated into Products.
Gelato reserves the right, subject to indemnification by you, to assume the
exclusive defence and control of any matter initially subject to the
defence, indemnification and hold harmless obligations by you hereunder and
you shall not in any event settle any matter without the prior written
consent of Gelato. You agree that the provisions in this section will
survive any termination of your Account, these terms or your access to the
Site and/or Services.
The site, the Website Content, the Services, and the products (other than our stated quality guarantee) are provided on an "as is" and “as available” basis without representation, warranty, or guarantee of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, or non-infringement to the maximum possible extent exclusion of such representation, warranty or guarantee is permitted under applicable law. All such warranties, conditions and promises (other than our stated quality guarantee) are excluded to the full extent permitted by law and without limitation to the foregoing:
Gelato does not guarantee, represent, or warrant that your use of the site and/or services will be uninterrupted or error-free, and you agree that from time to time Gelato may take down or remove the site and/or services or any functionality thereof, for indefinite periods of time, or cancel the services at any time, without notice to you; and
Gelato does not guarantee, represent or warrant that the site and/or Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Gelato disclaims any liability relating thereto.
You acknowledge that third party product and service providers may
advertise their products and services on the site and that Gelato may from
time to time form partnerships or alliances with some of these vendors or
new vendors/partners in order to facilitate the provision of products and
services to you. However, you acknowledge and agree that at no time is
Gelato making any representation or warranty regarding any third party's
products or services, nor will Gelato be liable to you or any third party
for any claims arising from or in connection with such third party products
and services. You hereby disclaim and waive any rights and claims you may
have against Gelato with respect to third party products and services to
the maximum extent permitted by law.
All disputes between you and any party other than us regarding the Customer
Content used to produce a product via the Optimalprint site shall be
resolved between you and such other party through any court, arbitration or
other proceeding that may be available. We will not be obliged to
participate in any way in any dispute between you and any party other than
us regarding the quality and quantity of your order placed at the
Optimalprint site. You shall not name us as a party or otherwise include us
in any such proceeding. In the event that we are named as a party in any
such proceeding, we reserve the right to raise any and all defences deemed
appropriate, and to take any other action necessary to defend ourselves.
Site Feedback
Any comments, suggestions, proposals or other feedback provided to Gelato
in connection with the operation or content of this Site shall be provided
by the submitter and received by Gelato on a non-confidential basis. You
represent and warrant that you have all rights necessary to submit the
comments, suggestions, proposals or other feedback. All such comments,
suggestions, and other information shall become the exclusive property of
Gelato. By submitting any such information to Gelato, you agree that you
are transferring and assigning, at no charge, all of your right, title and
interest in the information, including all copyrights and other
intellectual property rights. You agree that Gelato shall be free to use
such information on an unrestricted basis.
You agree that we, and our directors, officers, employees, agents or other
representatives, will not be liable for any special, incidental, indirect,
or consequential damages of any kind, or for any damages whatsoever
resulting from: (1) suspension or loss of the Services; (2) use of the site
and/or the Services; (3) interruption of the Services or interruption of
your business; (4) access delays or access interruptions to the site or the
Services or delays or access interruptions you experience in relation to
printing services with us; (5) loss or liabilities resulting from acts of
or events beyond our control; (6) data non-delivery, mis-delivery,
corruption, destruction or other modifications; (7) the processing of an
application for a printing service; (8) damages or consequences arising
from or related to your inappropriate or unauthorized use of this site or
its content; or (9) the cost of procurement of substitute goods or services
resulting from any goods, data, information or services purchased or
obtained.
Gelato and its licensors, suppliers, or vendors, and their respective
officers, directors, employees, agents, or other representatives shall not
be liable for any special, incidental, indirect, or consequential damages
of any kind, or for any damages whatsoever resulting from loss of use,
data, or profits, whether or not Gelato has been advised of the possibility
of damage, arising out of or in connection with the use or performance of
the site or of failure to provide products or services that you order from
Gelato or its affiliates, including without limitation, damages arising
from error, omission, virus, delay, or interruption of service.
In addition to other limitations and exclusions in these terms, in no event will we or our directors, officers, employees, agents or other representatives be liable for any indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to Optimalprint premium.
Our total, maximum aggregate liability and the total, maximum aggregate
liability of Gelato’s representatives, arising from or relating to these
terms and conditions (regardless of the form of action or claim, e.g.,
contract, tort (including negligence), strict liability, or any other legal
theory) is limited to one hundred US dollars (US$100) or for product
refunds, the purchase price paid. These exclusions and limitations of
liability will apply to the fullest extent permitted by law and will
survive cancellation or termination of these terms and conditions, any
account, or an Optimalprint premium membership.
Governing law
Governing law of these terms and conditions shall be Indian law. The courts in Mumbai shall be the exclusive court of jurisdiction for the first instance for any dispute arising out of or related to the terms.
No waiver
Our failure to insist upon or enforce your strict compliance with these terms will not constitute a waiver of any of our rights. No waiver or acquiescence by us related to any breach of these terms is valid except if given in writing. Any such waiver or acquiescence shall not constitute a consent to or waiver of or excuse for any other different or subsequent breach or act unless such waiver or consent is in writing signed by us.
Severability
If any covenant, obligation, agreement, term or condition of these terms or
the application thereof to any person or circumstances shall, to any
extent, be invalid or unenforceable the remainder of these terms, or the
application of such covenant, obligation, agreement, term or condition to
persons or circumstances other than those in respect of which it is held
invalid or unenforceable, shall not be affected thereby and each covenant,
obligation, agreement, term and condition of these terms shall be
separately valid and enforceable to the fullest extent permitted by law and
the invalid or unenforceable covenant, obligation, agreement, term or
condition (as the case may be) shall be modified so as to be enforced to
the fullest extent permitted at law.
No agency
No agency, partnership, joint venture or franchise relationship is implied,
intended or created by these terms, the provision of the Account, or the
provision of any of the Products or Services.
Remedies
No remedy conferred upon or reserved in our favour under these terms will
exclude any other remedy so conferred or reserved or existing at law or in
equity but each will be cumulative and in addition to every other remedy
given under these terms or existing at law or in equity.
If we become aware of any possible violations by you of the terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Gelato is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Site, the Website Content, the Services, or the Products, including Customer Content, in Gelato’s possession in connection with your use of the Site, the Website Content, the Services, or the Products, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of Gelato, its Users or the public, and all enforcement or other government officials, as the Gelato in its sole discretion believes to be necessary or appropriate.
HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy. Please read it carefully as it includes important terms which apply to you.
CONTACTING US
To contact us about these terms, about your Order or about our Products:
- Send us a message on our Website; or
- Write to us at Gelato Print Services India Private Limited
If we need to contact you or give you notice in writing, we will do so by email or by post to the address you provide to us in your Order or Account. We might also call you on the phone number provided in your Order or Account.
Optimalprint User Generated Content terms
By participating as a User that generates content (“User Generated Content”) including, without limitation, photographs, images, text, graphics and other materials to Optimalprint, you hereby provide Optimalprint ℅ Gelato ASA, a Norwegian entity under registration number 991 753 591 (hereinafter “Gelato”), a non-exclusive, royalty-free, worldwide, transferable and perpetual (unless withdrawn pursuant to these terms) license with right of sublicense to use, reproduce, publicly display, distribute, modify, adapt, publish, translate, and create derivative works from the User Generated Content on our website, mobile application, social media channels, marketing emails in any manner to be determined in Gelato’s sole discretion and without any obligations to you.
You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Generated Content and that it will not infringe, misappropriate, use or otherwise violate any copyright or other intellectual property right of any third party, that the User Generated Content will not violate any privacy right of any third party, and that the User Generated Content are not unlawful, fraudulent, threatening, abusive, obscene or otherwise objectionable. You have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Generated Content for purposes of using it in any manner set out in these terms. If any identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from parents or guardian.
If you want to withdraw consent to share the User Generated Content with Gelato, you have to contact us by sending an e-mail to [email protected].
You agree to indemnify and hold Gelato and their directors, officers, shareholders, employees, consultants, agents, representatives, affiliates, distributors, partners, licensees, producers, manufacturers and third-party users harmless from and against any and all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys' fees) that arise directly or indirectly from your breach of these terms.