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This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder, as applicable and the provisions pertaining to the maintenance and publishing of electronic records under various statutes as amended from time to time by the IT Act, 2000 including the Consumer Protection (E-Commerce) Rules, 2020, that has made mandatory for the platforms to publish the Rules and Regulations, Privacy Policy and Terms and conditions for access or usage of the Website. These terms do not need any physical or digital signatures. Mere visiting or accessing the platform will make these Terms of use, privacy policy or other supplemental policies binding and establishes valid contractual relations between You and Us. Hence, You should read the terms carefully before starting to use the Platform and if you do not agree to the terms stated herein, you shall refrain from using the Website and/or Application.
The following Terms and conditions will govern the access and usage of the Website and/or Mobile Application (herein collectively referred to as ‘Platform’) owned, managed and operated by the ‘Getmyposter.com’ or popularly ‘Getmyposter’ having their office at Ground Floor, 1/480, Vidhyadhar Nagar, Near Dwarka sweets, Sector 1, Jaipur, Rajasthan, 302039 (hereinafter referred to as “We” or “Our” or “Us” or “Getmyposter ”). By accessing, browsing, using or merely visiting the Platform or purchasing any Products offered by ‘Getmyposter’, We will assume that You have read, understood and accepted the Terms and Conditions mentioned hereunder and have given explicit consent to be bound by them. This document constitutes a legally binding agreement between You and ‘Getmyposter.
When You use this Website or purchase any Product offered to you by Us, You agree to be subject to and abide by the rules, guidelines, policies, terms, and conditions applicable to the platform and shall be considered as part and parcel of this Terms of Use. ‘Getmyposter’ reserves the sole right to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use or browsing of the Platform post changes, modification or alteration in the Terms shall be deemed to mean that You have accepted and agreed on the revisions and agrees to be bound by them.
1. Eligibility
‘Getmyposter’ has made this platform and products for use by persons who can form legally binding contracts under the Indian Contract Act, 1872. The platform is for individuals who are a natural person over and above the age of 18 years and/or Legal persons and is ‘Competent to Contract’ in accordance with Section 11 of the Indian Contract Act, 1872 by registering themselves on the platform in the manner as specified herein below in Clause 2. Further, if you are under the age of 18 (eighteen) years, You shall be expected to read and have understood these terms with your parents or legal guardians, and in such a case these terms shall be deemed to be a contract between Us and minor's legal guardian or parent herein question and to the extent permissible under applicable laws, enforceable against them. We reserve the right on a case-to-case basis to demand documented proof that the parent or legal guardian's consent has been granted to them.
2. Account Registration
2.1 In order to use most aspects of our Services, you have to register with us by creating your active User account. Account registration requires you to submit to ‘Getmyposter’ certain personal information, such as your name, address, mobile phone number, date of birth, email id, geographical location, and demographic details whether you are availing service for yourself or for any related person(herein the ‘Personal sensitive information).
2.2 You shall ensure that all the information so provided by you at the time of registration is accurate, current, valid and true to the best of your knowledge. You agree that if the information so provided is incorrect, inaccurate, incomplete or not up to date, ‘Getmyposter’ has all the reasons and rights to suspend or terminate your registration and deny you access to the platform.
2.3 You further agree and acknowledge Your registration data is private and sensitive and it is Your responsibility to maintain the confidentiality of the data. You are responsible for all or any activities that will take place or occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. ‘Getmyposter’ has no liability for the activities or transactions taking place through Your account, including where the account is accessed/used by any other person under Your authorisation.
2.4 ‘Getmyposter’ allows its Users to have only one Account. You must ensure that You have accessed, utilised and registered on the official platform offered to You by ‘Getmyposter’. In the event that you have shared your information with another website indulging in the same business under the pretext of it being ‘Getmyposter’ or its “affiliates” or “associates”, the ‘Getmyposter’ shall bear no liability for Your data being lost or shared or misused by any such other third party.
3. Downloading and use of images
‘Getmyposter’ downloadable background images are protected by copyright and other intellectual property rights. You acknowledge and agree that your use of the Images is subject to all applicable licenses. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
4. Your use of Our Platform
4.1 All our Posters are listed on our Platform along with the description and the offered price. You can add the posters to your cart and purchase them by making the payment of the applicable charges against them. Once a request for a particular poster is raised by any User, We will process the request and will deliver the product in accordance with our delivery policy. You agree to not hold ‘Getmyposter’ liable for any loss or damage that may be accused to You due to the unavailability of any Poster or the product running out of stock.
4.2 Upon placing of the order successfully, We will inform you about the confirmation along with the due date and other details of the delivery through Email and/or text messages. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform Us of the incorrect details immediately.
4.3 We are offering you customized posters for your use and download. These posters are designed and owned by us and are protected under the Copyright Laws of the Nation.
4.4 You agree not to hold us liable for any damages (liquidated or unliquidated) or for the in-accessibility of the platform caused by any external factors beyond our control.
4.5 You agree and acknowledge that It shall be your responsibility to share the correct, accurate, true and up-to-date information at the time of registration and also to inform or notify us of any change in the information so provided by You. You will be responsible for maintaining the confidentiality of your account, and password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
4.6 You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT US TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
4.7 You shall not use the ‘Getmyposter’ Website or Mobile Application for any illegal or fraudulent purposes barred by law or in general including the creation of multiple accounts. Any such illegal or fraudulent use may render You liable under civil and/ or criminal activity along with quasi-judicial enquiry, if any, including but not limited to equitable remedies, injunctions, etc., and all other remedies available at the recourse of ‘Getmyposter’ Website or Mobile Application.
4.8 You shall not host, display, upload, modify, publish, transmit, update or share any information which (a) belongs to another person and to which You does not have any right to, (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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.
4.9 You shall not infringe upon or violate any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity or impersonation of another person, image rights, etc.
4.10 You shall not decompile, reverse engineer, or disassemble the contents of the Application and/or our Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and/or our Website or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and/or and/or our Website or Application.
4.11 You shall not do any act or omission which will threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
4.12 You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
4.13 You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish our image or reputation on the platform.
4.14 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
4.15 You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes our rights.
4.16 You shall not engage in advertising to or solicitation of, other Users of the Platform to buy or sell any products, including, but not limited to, products related to that being displayed on the Platform or related to us. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent.
4.17 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 Platform) as necessary to satisfy any law, regulation or valid governmental request.
4.18 You will assume full responsibility for checking to ensure that You download the correct application for Your device. “Getmyposter” is not liable if You do not have a compatible device or if You download the wrong version of the Website and/or Application for Your device.
4.19 You will not use the Platform for purposes that are not permitted by these Terms; and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
4.20 You shall not upload, send or receive any information for which you have not obtained all necessary licenses and/ or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability or otherwise be contrary to the law of or infringes the rights of any third party in any country in the world.
4.21 You shall not attempt to circumvent our security or network including but not limited to accessing data not intended for you, logging into a server or Account you are not expressly authorised to access or probing the security of other networks (such as running a port scan or execute any form of network monitoring which will intercept data not intended for you.
4.22 You shall not send malicious emails, including flooding a user or site with very large or numerous emails Copy or use any User Content for any commercial purposes; or Engage in any frivolous act that hampers our goodwill.
5. Representation of ‘Getmyposter’
5.1 We represent and warrant that although due care has been taken and every effort has been made by us to ensure that the products offered through our platform and services offered by us are correct, the possibility of errors, omissions and/or discrepancies or happening of any contingencies beyond the reasonable scope and limits of the ‘Getmyposter’, cannot be ruled out. Therefore, we do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause. Should there be any discrepancy, error or omission noted in the product offered through our platform, we will be obliged, if the same is brought to our notice by you, in the manner and mode as may be applicable.
5.2 ‘GetmyPoster’ represent and warrants that each poster design is (a) its own original work, (b) has not been previously published, distributed, or reproduced in any medium (including books, magazines, or websites) other than in a single original work if the Design was first produced in a tangible medium, and (c) has not been previously published, distributed, or reproduced in any medium (including books, magazines, or websites) other than in a single original work if the Design was first produced in (e.g., watercolour or other painting or photographic negative), (c) does not infringe any trademarks, logos, or copyrighted material of any third party (d) does not contain any content protected by any right of publicity or privacy, or any intellectual property owned by a third party.
5.3 certain Images may be subject to additional copyrights, property rights, trademarks, and other intellectual property rights, which may necessitate third-party consent or the licensing of these rights. ‘Getmyposter’ neither represents nor warrants that it owns or licenses any of the foregoing, nor does it grant any of them. It is your obligation, as well as the Image uploader, to ensure that all relevant rights, consents, and licenses for the use of the Images are granted.
5.4 ‘Getmyposter’ does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products proposed to be sold or offered to be sold or purchased on the Platform. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. We accept no liability for any errors or omissions, whether on behalf of ourselves or third parties. Further, We shall not be responsible for unsatisfactory or delayed delivery of products as a result of products which are out of stock or unavailable.
5.5 You may upload pictures or graphics to the Website, and ‘Getmyposter’ may review them to determine if they are suitable for dissemination. ‘Getmyposter’ will also not accept any photographs that are sexually explicit.
6. Delivery of Services
We will ship the products that You have ordered directly or through a third-party service provider, in a professional and workmanlike manner, consistent with industry standards to deliver the products. The poster will be delivered to you within 5-6 working days from the time you placed your order with us, and approve the digital proof. Any delay in delivery due to the default of the ‘Getmyposter; or any of its Delivery partners shall be informed to You.
7. Intellectual Property Rights Restriction
7.1 This Website is controlled and operated by ‘Getmyposter’ and products are sold by us only. All material on this website, including posters. Graphic designs, images, illustrations, video clips etc, are protected by copyrights, trademarks, and other intellectual property rights. Posters on the Platform are solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such posters in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the posters, use of the materials on any other Platform or networked computer environment or use of the posters for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
7.2 Except as expressly provided in these Terms of Use, no part of the Platform and no Product may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or another medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
7.3 You may use the information on the products purposely made available on the Platform for downloading, provided that You do not remove any proprietary mark on the product or make no modifications to any such product.
7.4 You shall be responsible for any notes, messages, emails, reviews, ratings, opinions, ideas, images, or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights to such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, 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.
7.5 SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
8. Authorization for communication
By accessing the Website and/or downloading any poster and/or accepting these Terms, You authorize us to send You (including via email, call and notifications) information regarding our products or product-based services which may include without limitation notification of the orders placed, Updates related to orders, any substantial change in the information of the ‘Getmyposter’, Your violations of these Terms of use, Any new features or products introduced by us, or any promotional information and materials regarding our products. You are agreeing to continue to receive messages, emails and calls from us.
You may choose to opt-out from any company communications by clicking on choosing to unsubscribe option found in the emails that you may receive from us or you may send us a written removal request by writing to us at our office address or by sending us an email at hitesh@getmyposter.com
9. Third-Party Links
The Website may contain links to third-party websites and services, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. We do not review, approve, endorse or make any promises with respect to Third-Party Links. You use all Third-Party Links at your own risk and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, not these Terms. Each Website user is solely responsible for any and all of its own User Content.
10. Privacy Policy
10.1 At ‘Getmyposter’ your personal information will be treated with confidentiality, and will not be shared with any third parties. For ordering, handling and delivery purposes, however, we sometimes need to share your shipping details with our service partners.To know more about our privacy policy, please visit here.
10.2 We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, comply with our legal obligations, enforce our User Agreement, facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
10.3 We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or another legal process. We may disclose personal information to law enforcement offices, third-party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
10.4 We and our affiliates will share/sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or reorganization, amalgamation, or restructuring of business. Should such a transaction occur, another business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.
11. Cancellation, Return and Refund Policy
11.1 You agree that ‘GetPoster’ reserves an absolute right to offer you its Products on a payment basis and will collect payment from you against its offerings. The payments for availing the Products of the ‘Getmyposter’ will be collected in advance at the time of you ordering the particular poster taking into consideration the applicable amount against it.
11.2 You agree that in the event where you choose to cancel or return your order, it shall be in accordance with the cancellation, return and refund policy of ‘Getmyposter’ upon the condition that you have not utilized services in any form or any manner.
11.3 Subject to the mandatory condition, upon cancellation or return, you shall be entitled to the refund after making proportionate deductions, if applicable. The request for cancellation or return of the order and refund must be raised within 2 days of placing the order and upon our satisfaction with the verification of the concerned records regarding payment, the fees paid by you for any of our paid services may be refunded or adjusted, as the case may be, by us in following cases only:
11.4 Your refund request shall be supported by your claim, evidence, and documents within the time prescribed above. If we find the records in support of your claim to be correct and your claim falls within the cases mentioned above, we will refund/ adjust your payment within 30 to 60 days from the date of receiving your refund request with supporting payment records.
11.5 Upon raising a request for cancellation and/or refund, ‘Getmyposter’ reserves the right to suspend or block or terminate your access to its website or platform, as the case may be.
12. Indemnification
You agree to defend, indemnify, and hold ‘Getmyposter’, its subsidiaries, affiliates, and contributors harmless from and against any and all claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to Your conduct, Your use or inability to use the Website, Your breach or alleged breach of the Website Terms of Use or any representation or warranty contained herein, Your violation of any third party right, including without limitation, any copyright, property, image rights or privacy right posted on the Website or your violation of the Website Terms. This defence and indemnification obligation will survive these Terms and Conditions and your use of the ‘Getmyposter’ Platform. You shall not settle any third-party claim or waive any defence without our prior written consent.
13. Limitation of Liability
13.1 In no event will ‘Getmyposter’ or our Directors, Officers, Employees, Agents, Counselors, affiliates or another representative be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the Website or any linked sites, or in connection with any failure of performance. ‘Getmyposter’ entire liability, and your exclusive remedy, in law, inequity, or otherwise, with respect to the Website and/or Application content, services and/or for any breach of this Terms of Use is solely limited to the payment of the services which you may have subscribed to against the services.
13.2 We do not take responsibility or liability for the actions, products and content on the Platform, which are linked to Affiliates and/or third-party Platforms. In addition, the Platform may provide links to the third-party Platforms of Our affiliated companies and certain other businesses for which, We assume no responsibility for examining or evaluating the products and services offered by them. We do not warrant the offerings of any of these businesses or individuals or the content of such third-party Platform(s). Getmyposter does not endorse, in any way, any third-party Platform(s) or content thereof.
13.3 We only make the Website available for your domestic and private use. If you use the Website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity that you may incur.
14. Termination
14.1 These Terms of Services are effective unless and until terminated by either You or ‘Getmyposter’. You may terminate these Terms of Services at any time by not accessing our Website or uninstalling our application or by notifying Us that You no longer wish to use our Products.
14.2 ‘Getmyposter’ may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and/or Application or discontinue its existing services. We reserve the right to suspend or terminate these Terms without notice if; (a) you have materially breached these Terms or our Policies, including the provisions in these Terms, (b) You have provided inaccurate, fraudulent, outdated or incomplete information during the Account registration; (c) You have violated applicable laws, regulations or third party rights, or (d) We believe in good faith that such action is reasonably necessary to protect the safety of other users or third parties, for fraud prevention, risk assessment, security or investigation purposes.
14.3 Upon termination of your rights under these Terms, your Account and right to access and use the Website will terminate immediately. You understand that any termination of your Account may involve the deletion of the User Content associated with your Account.
15. Damages for Breach
In the event of Your breach of these Terms, You agree that We will be irreparably harmed and may not have an adequate remedy in money or damages. We, therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company's right to obtain such relief shall not limit its right to obtain other remedies.
16. Amendment
The ‘Getmyposter’ has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website and or its Product as it deems fit at any time without notice. Further, We have the right to amend these Terms from time to time without prior notice to You. ‘Getmyposter’ makes no commitment, express or implied, to maintain or continue any aspect of the Website and/or its Product. You agree that the ‘Getmyposter’ shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website and/or its Product. All prices of the posters are subject to change without notice.
17. Disclaimer
17.1 Your use of this Website and/or Application or Products are at your sole risk. The Website and/or Application or Products are offered on an “As Is'' and “As Available” basis with all faults and with any warranty of any kind. ‘Getmyposter’ hereby expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, timeliness, performance, suitability and non-infringement. We shall not be liable for any damage, loss or harm arising out of or in connection with use and performance or due to reliance upon this Website or its Products. It shall be solely Your responsibility to ensure that products match Your specific requirements and We shall not be liable for it. ‘Getmyposter’ does not represent or warrant that the Website or its product or images will meet your requirements or that their use will be error-free or uninterrupted.
17.2 You acknowledge that there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Where any damage or loss or harm has been caused to you due to interruptions, We shall not be liable.
17.3 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
17.4 Due to the calibration differences between computer monitors, tablets and smartphones, the colour on the poster shown on our Website may vary slightly from the actual poster.
17.5 Unless otherwise specified, the Products on the Platform are presented solely for the purpose of sale in India. We make no representation that products in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this website from other locations/Countries other than India do so on their own initiative and we are not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
18. General Provisions
19. Customer Care
We are continuously working to ensure that our Users have hassle-free and pleasant experiences over the platform. Despite all our efforts, if you face any issues, feel free to write to us at hitesh@getmyposter.com We may seek additional information/clarification from You to facilitate the resolution of the dispute. In the event You do not respond with information/clarification sought within 10 days of such request, the dispute shall be auto-closed in our favour.
20. Grievance officer
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name- Hitesh sharma
Email - hitesh@getmyposter.com
Phone number - +91 8591277447
