Terms of Service

Acceptance and Key Definitions

Agreement Acceptance

By accessing or using PrintMagnet's services in any manner, including but not limited to browsing our website, creating an account, uploading content, placing orders, or communicating with our representatives, you expressly acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms of Service, our Privacy Policy, and all other policies incorporated herein by reference.

Essential Definitions

Services and Product Description

Service Overview

PrintMagnet provides premium photo printing services, personalized product manufacturing, and custom design solutions. Our services include but are not limited to photo albums, calendars, magnets, personalized gifts, and related printing services. We operate primarily from our facilities in Northeast India and serve customers across specified geographic regions.

Service Availability and Limitations

• Geographic Limitations: Services may be restricted to certain geographic areas based on shipping capabilities, legal requirements, or business decisions
• Product Availability: Product offerings may vary by location, season, or availability of materials and may be discontinued without notice
• Technical Limitations: Service availability depends on technical infrastructure, internet connectivity, and system maintenance schedules
• Capacity Constraints: We reserve the right to limit order quantities, implement waiting periods, or refuse service during high-demand periods
• Quality Standards: All products are subject to our quality control processes and may be rejected if they do not meet our standards

Custom Product Specifications

• Image Quality Requirements: Uploaded images must meet minimum resolution and quality standards for optimal printing results
• File Format Support: Accepted file formats include JPEG, PNG, PDF, and other formats as specified on our website
• Content Restrictions: All content must comply with legal requirements and our content policies detailed below
• Design Limitations: Products are subject to physical and technical limitations of printing equipment and materials
• Color Accuracy: Digital representations may differ from final printed products due to monitor calibration and printing technology limitations

User Obligations and Responsibilities

Account Registration and Security

• Accurate Information: You must provide truthful, accurate, current, and complete information during registration and maintain the accuracy of your account information
• Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account
• Authorized Use: You may not share, transfer, or allow others to use your account without our express written consent
• Breach Notification: You must immediately notify us of any unauthorized use of your account or security breach
• Multiple Accounts: Creating multiple accounts to circumvent limitations or restrictions is prohibited

Prohibited Content and Activities

• Illegal Content: Any content that violates local, state, national, or international laws or regulations
• Copyrighted Material: Content that infringes upon third-party intellectual property rights without proper authorization
• Inappropriate Content: Pornographic, sexually explicit, violent, hateful, discriminatory, or offensive material
• Harmful Content: Content promoting violence, illegal activities, self-harm, or dangerous behaviors
• Privacy Violations: Images or content featuring individuals without their explicit consent, particularly minors
• Defamatory Content: Content that is libelous, slanderous, or damages the reputation of individuals or entities
• Commercial Violations: Unauthorized use of trademarks, logos, or branded content for commercial purposes
• Deceptive Content: False, misleading, or fraudulent information or misrepresentation

User Conduct Standards

• Lawful Use: You must use our services only for lawful purposes and in accordance with all applicable laws and regulations
• Respectful Interaction: All communications with our staff and other users must be respectful and professional
• System Integrity: You may not attempt to interfere with, disrupt, or compromise the security or functionality of our systems
• Fair Use: You must use our services reasonably and not engage in activities that could harm our business or other users
• Compliance Cooperation: You must cooperate with our investigations and comply with our reasonable requests for information or action

Ordering Process and Payment Terms

Order Placement and Acceptance

• Order Submission: Orders are submitted through our website, mobile app, or authorized channels and constitute an offer to purchase
• Order Confirmation: We will send an order confirmation email, but this does not constitute acceptance of your order
• Order Acceptance: Orders are accepted only when we begin production or explicitly confirm acceptance in writing
• Order Modification: Once production begins, orders cannot be modified or cancelled except at our sole discretion
• Order Rejection: We reserve the right to reject any order for any reason, including but not limited to content violations, technical issues, or business considerations

Order Status	Description	Modification Rights	Cancellation Rights
Submitted	Order placed, awaiting review	Full modification allowed	Free cancellation
Confirmed	Order accepted, preparing for production	Limited modifications	Cancellation with potential fees
In Production	Actively being manufactured	No modifications	No cancellation
Completed	Ready for shipping	No modifications	Subject to return policy

Pricing and Payment Terms

• Price Accuracy: We strive for price accuracy but reserve the right to correct pricing errors even after order confirmation
• Price Changes: Prices may change without notice, but confirmed orders will honor the agreed price unless correcting obvious errors
• Payment Methods: We accept credit cards, debit cards, digital wallets, and other payment methods as displayed at checkout
• Payment Authorization: By placing an order, you authorize us to charge your chosen payment method for the full amount
• Payment Processing: Payments are processed through secure third-party payment processors in compliance with industry standards
• Tax Calculation: Applicable taxes will be calculated and added at checkout based on billing and shipping addresses
• Currency: All prices are displayed in Indian Rupees (INR) unless otherwise specified

Additional Fees and Charges

• Shipping Costs: Shipping and handling charges are calculated based on destination, weight, and selected delivery method
• Rush Processing: Expedited processing may be available for additional fees as specified at time of order
• Special Requests: Custom requests or modifications may incur additional charges
• International Orders: International shipping may be subject to duties, taxes, and customs fees paid by the customer
• Payment Failures: Failed payments may incur processing fees and could result in order cancellation

Intellectual Property and Content Rights

PrintMagnet's Intellectual Property

All content, features, functionality, trademarks, service marks, logos, trade names, and intellectual property associated with PrintMagnet and our services are owned exclusively by PrintMagnet or our licensors. This includes but is not limited to website design, software, graphics, text, images, audio, video, and the overall user experience.

User Content Rights and Licenses

• Ownership Retention: You retain ownership of all intellectual property rights in content you upload or submit to our services
• License Grant to PrintMagnet: By uploading content, you grant PrintMagnet a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, distribute, and display your content solely for the purpose of providing our services
• Production License: You specifically authorize us to print, manufacture, and deliver products incorporating your content
• Technical Processing: You consent to technical modifications necessary for production, including resizing, color adjustment, and format conversion
• Quality Control: We may modify content to meet technical requirements or quality standards while preserving the essential creative elements

Third-Party Content and Fair Use

• Rights Verification: You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions for any content you submit
• Copyright Compliance: You must ensure all submitted content complies with copyright laws and does not infringe third-party rights
• Licensed Content: If using licensed content (stock photos, fonts, etc.), you must comply with all license terms and restrictions
• Attribution Requirements: Any content requiring attribution must include proper credits as required by the original license
• Commercial Use Restrictions: Commercial use of third-party content may require additional licenses or permissions

Intellectual Property Infringement

Reporting Infringement: If you believe that content on our platform infringes your intellectual property rights, please notify us immediately with:

• Detailed description of the copyrighted work or intellectual property claimed to be infringed
• Identification of the infringing material and its location on our services
• Your contact information and a statement of good faith belief
• A statement that the information is accurate and that you are authorized to act on behalf of the owner
• Your physical or electronic signature

Counter-Notification Process: If you believe your content was removed in error, you may submit a counter-notification including a statement of good faith belief that the material was removed by mistake and your consent to jurisdiction of applicable courts.

Privacy and Data Protection

Your privacy and data protection are governed by our comprehensive Privacy Policy, which is incorporated into these Terms by reference. By using our services, you also agree to all terms and conditions contained in our Privacy Policy.

Data Collection and Use

• Personal Information: We collect and process personal information as detailed in our Privacy Policy to provide and improve our services
• Content Data: Uploaded images and content may be processed, stored, and transmitted as necessary to fulfill your orders
• Technical Data: We collect usage data, device information, and analytics to optimize our services and user experience
• Communication Data: We may record and store communications for quality assurance and customer service purposes

Data Security and Retention

• Security Measures: We implement appropriate technical and organizational measures to protect your data
• Data Retention: Personal data and content are retained according to the schedules detailed in our Privacy Policy
• Data Breach Response: In the event of a data breach, we will respond according to applicable laws and our Privacy Policy
• International Transfers: Data may be transferred internationally with appropriate safeguards as described in our Privacy Policy

Shipping, Delivery and Risk Transfer

Shipping Methods and Timeframes

• Standard Shipping: Delivery timeframes are estimates and may vary based on location, product type, and external factors
• Express Shipping: Expedited options may be available for additional fees with guaranteed timeframes where offered
• International Shipping: Available to select countries with extended delivery times and additional customs requirements
• Shipping Restrictions: Certain products or destinations may have shipping limitations due to size, weight, or regulatory restrictions
• Address Accuracy: Customers are responsible for providing accurate and complete shipping addresses

Risk of Loss and Title Transfer

• Risk Transfer: Risk of loss transfers to you upon delivery to the carrier or upon pickup, whichever occurs first
• Title Transfer: Title to products transfers upon full payment and delivery to the carrier
• Delivery Confirmation: Signed delivery receipts or electronic confirmation constitute proof of delivery
• Failed Delivery: Products returned due to failed delivery attempts may be subject to additional fees
• Incorrect Addresses: Additional shipping charges apply for reshipment due to incorrect addresses provided by customer

Shipping Damage and Claims

• Inspection Upon Delivery: Customers should inspect packages immediately upon receipt
• Damage Reporting: Shipping damage must be reported within 48 hours of delivery with photographic evidence
• Carrier Claims: We will assist with carrier damage claims but cannot guarantee resolution or compensation
• Replacement Policy: Damaged items may be replaced at our discretion subject to availability and verification
• Insurance: Shipping insurance may be available for additional fees for high-value orders

Returns, Refunds and Cancellations

Return Policy Overview

Given the custom and personalized nature of our products, returns are limited and subject to strict conditions. All return requests must be initiated within the specified timeframe and meet our return criteria.

Eligible Returns

• Manufacturing Defects: Products with clear manufacturing defects or quality issues verified by our team
• Shipping Damage: Products damaged during shipping with proper documentation and timely reporting
• Production Errors: Products that do not match confirmed specifications due to our error
• Wrong Products: Delivery of incorrect products due to processing errors

Non-Returnable Items

• Custom Products: Personalized items created according to customer specifications
• Customer Error: Products with errors in customer-provided content, specifications, or shipping information
• Change of Mind: Returns based on customer preference changes or dissatisfaction with custom design choices
• Late Claims: Return requests submitted after the specified timeframe
• Used Products: Items showing signs of use beyond normal inspection

Return Process

• Authorization Required: All returns require prior authorization through our customer service team
• Documentation: Return requests must include order number, photographs, and detailed description of the issue
• Return Shipping: Return shipping costs may be customer's responsibility unless the return is due to our error
• Inspection Process: Returned items will be inspected to verify return eligibility
• Processing Time: Approved returns will be processed within 7-14 business days of receipt

Refund Policy

• Refund Method: Refunds will be issued to the original payment method used for the purchase
• Refund Amount: Refunds may be partial or full depending on the circumstances and return condition
• Processing Time: Refunds typically process within 5-10 business days but may vary by payment method
• Restocking Fees: Some returns may be subject to restocking fees to cover processing costs
• Shipping Costs: Original shipping costs are generally non-refundable unless the return is due to our error

Cancellation Policy

• Free Cancellation: Orders can be cancelled free of charge within 2 hours of placement if not yet in production
• Cancellation Fees: Cancellations after the free period may incur fees based on work completed
• Rush Orders: Rush or expedited orders may have shorter or no cancellation windows
• Payment Refunds: Cancelled orders will receive refunds minus any applicable cancellation fees
• Custom Work: Orders involving significant custom work may be non-cancellable

Warranties and Disclaimers

Limited Product Warranty

PrintMagnet warrants that our products will be free from material defects in manufacturing and will substantially conform to the specifications agreed upon at the time of order. This warranty is limited to replacement or repair of defective products and does not extend to subjective assessments of quality, color accuracy, or aesthetic preferences.

Warranty Limitations

• Duration: Product warranties are limited to 30 days from delivery date
• Scope: Warranty covers only manufacturing defects and substantial non-conformance to specifications
• Exclusions: Warranty does not cover normal wear, damage from misuse, color variations, or subjective quality assessments
• Customer Content: We do not warrant the quality, legality, or appropriateness of customer-provided content
• Third-Party Materials: Warranty does not extend to third-party materials or components beyond our control

Service Disclaimers

• No Implied Warranties: We disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement
• Service Availability: We do not warrant uninterrupted, timely, secure, or error-free service
• Technical Accuracy: We do not warrant that our website or services will be free from bugs, viruses, or technical issues
• Content Accuracy: We do not warrant the accuracy, completeness, or reliability of any content or information
• Third-Party Services: We disclaim all warranties related to third-party services integrated with our platform

Color and Quality Disclaimers

• Color Variations: Printed colors may vary from digital displays due to monitor calibration, printing processes, and material properties
• Image Quality: Final product quality depends on the resolution and quality of source images provided by customers
• Material Variations: Natural variations in printing materials may affect final appearance
• Size Tolerances: Products may have minor size variations within industry-standard tolerances
• Finishing Variations: Cutting, binding, and finishing processes may have minor variations

Limitation of Liability

Types of Damages Excluded

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRINTMAGNET BE LIABLE FOR:

• Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages
• Lost Profits: Loss of profits, revenue, data, or business opportunities
• Business Interruption: Costs of procurement of substitute goods or services, business interruption, or loss of use
• Intangible Losses: Loss of goodwill, reputation, or other intangible losses
• Data Loss: Loss or corruption of data, content, or other digital materials
• Third-Party Claims: Claims arising from third-party services or actions
• Force Majeure: Damages arising from events beyond our reasonable control

Maximum Liability Cap

• Monetary Limit: Our total liability for any claim shall not exceed the amount paid by you for the specific product or service giving rise to the claim
• Aggregate Limit: Our total aggregate liability for all claims in any 12-month period shall not exceed ₹10,000 or the total amount paid by you in that period, whichever is less
• Time Limitation: Any claim must be brought within one (1) year of the date the cause of action arose
• Exclusive Remedy: Your sole remedy for any dispute is limited to the remedies expressly provided in these Terms

Liability Allocation

• Risk Assumption: You acknowledge that you use our services at your own risk and assume responsibility for your choices and actions
• Customer Content: You are solely liable for all content you provide and its compliance with applicable laws
• Third-Party Services: We are not liable for the actions, products, or services of third parties
• Technical Issues: We are not liable for technical failures, connectivity issues, or system downtime
• User Error: We are not liable for errors in customer-provided information, specifications, or content

Indemnification and Hold Harmless

Customer Indemnification Obligations

You agree to indemnify, defend, and hold harmless PrintMagnet, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Terms Violation: Any violation of these Terms of Service or other applicable policies
• Content Infringement: Your content that infringes or violates any third-party intellectual property rights
• Legal Violations: Your violation of any applicable laws or regulations
• Privacy Violations: Your unauthorized use of personal information or violation of privacy rights
• Negligent Acts: Your negligent or intentional acts or omissions that cause harm to others
• Misrepresentation: Any false or misleading statements or misrepresentations made by you
• Third-Party Claims: Any claims by third parties related to your use of our services
• Content Liability: All liability arising from content you upload, transmit, or display through our services

Defense and Settlement

• Control of Defense: PrintMagnet may assume control of the defense and settlement of any matter subject to indemnification
• Cooperation Required: You must cooperate fully in the defense of any claim
• Settlement Authority: PrintMagnet may settle claims without your consent if indemnification applies
• Legal Counsel: You may not settle any claim without our prior written consent
• Cost Advancement: We may require you to advance defense costs during pending proceedings

Dispute Resolution and Arbitration

Arbitration Agreement

• Binding Arbitration: Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration
• Arbitration Rules: Arbitration shall be conducted under the Arbitration and Conciliation Act, 2015 of India
• Arbitrator Selection: Disputes shall be resolved by a single arbitrator mutually agreed upon by both parties
• Arbitration Venue: All arbitration proceedings shall take place in Guwahati, Assam, India
• Language: Arbitration proceedings shall be conducted in English

Dispute Resolution Process

• Initial Notification: Before initiating arbitration, the aggrieved party must provide written notice of the dispute
• Good Faith Negotiation: Parties must attempt to resolve disputes through good faith negotiation for 30 days
• Mediation Option: Parties may agree to non-binding mediation before proceeding to arbitration
• Arbitration Filing: If negotiation fails, either party may initiate binding arbitration
• Discovery Limits: Discovery in arbitration shall be limited to essential matters to minimize costs and delays

Arbitration Limitations

• Individual Disputes Only: All disputes must be brought individually and not as part of a class action
• No Class Actions: You waive any right to participate in class action lawsuits or class-wide arbitration
• Jury Trial Waiver: Both parties waive any right to a jury trial
• Public Court Waiver: Disputes will not be resolved in public courts except for specific exceptions below
• Appeal Limitations: Arbitration awards are final and binding with limited appeal rights

Exceptions to Arbitration

The following disputes are exempt from mandatory arbitration:

• Intellectual Property: Claims for intellectual property infringement or misappropriation
• Injunctive Relief: Requests for equitable or injunctive relief
• Small Claims: Disputes within the jurisdiction of small claims courts
• Consumer Protection: Claims under specific consumer protection statutes where arbitration is prohibited

Force Majeure and Unforeseen Events

Force Majeure Definition

Force Majeure events include any circumstances beyond PrintMagnet's reasonable control that prevent or delay performance of our obligations, including but not limited to:

• Natural Disasters: Earthquakes, floods, hurricanes, fires, or other acts of nature
• Government Actions: Laws, regulations, sanctions, embargoes, or government orders
• Infrastructure Failures: Power outages, internet disruptions, or telecommunications failures
• Labor Disputes: Strikes, lockouts, or other labor-related disruptions
• Supply Chain Issues: Material shortages, supplier failures, or transportation disruptions
• Pandemic/Health Emergencies: Public health emergencies, quarantines, or related restrictions
• War/Terrorism: War, terrorism, civil unrest, or other violent conflicts

Force Majeure Effects

• Performance Suspension: PrintMagnet may suspend performance of affected obligations without liability
• Deadline Extensions: Delivery and performance deadlines may be extended by the duration of the Force Majeure event
• Cost Adjustments: Additional costs incurred due to Force Majeure events may be passed to customers
• Alternative Performance: We may provide alternative performance methods where reasonably possible
• Notification Requirements: We will provide reasonable notice of Force Majeure events and their expected impact

Termination Due to Force Majeure

• Extended Events: If a Force Majeure event continues for more than 60 days, either party may terminate affected orders
• Partial Refunds: Customers may receive refunds for unperformed services minus costs already incurred
• No Damages: Neither party shall be liable for damages resulting from Force Majeure termination
• Mitigation Efforts: Both parties must use reasonable efforts to mitigate the effects of Force Majeure events

Account Termination and Suspension

Termination Rights

PrintMagnet reserves the right to terminate or suspend your account and access to our services immediately and without prior notice for:

• Terms Violation: Any violation of these Terms of Service or other applicable policies
• Illegal Activity: Engaging in illegal activities or violating applicable laws
• Prohibited Content: Uploading or distributing prohibited content as defined in these Terms
• Payment Issues: Non-payment of fees, chargebacks, or fraudulent payment activities
• Abuse of Services: Misuse of our services or interference with our operations
• False Information: Providing false or misleading information during registration or use
• Security Threats: Activities that compromise the security of our systems or other users

Effects of Termination

• Access Termination: Immediate loss of access to your account and all associated services
• Data Deletion: Your data and content may be permanently deleted according to our retention policies
• Order Cancellation: Pending orders may be cancelled, subject to our cancellation policy
• Refund Policy: Refunds for terminated accounts are subject to our refund policy and reason for termination
• Survival Clauses: Certain provisions of these Terms survive termination, including payment obligations and limitation of liability

Account Reinstatement

• Appeal Process: You may appeal account termination through our customer service process
• Reinstatement Criteria: Reinstatement depends on the reason for termination and corrective actions taken
• Conditional Reinstatement: Reinstatement may be subject to additional terms and monitoring
• Permanent Termination: Serious violations may result in permanent termination without possibility of reinstatement

Terms Modification and Updates

Modification Rights

PrintMagnet reserves the right to modify, update, or revise these Terms of Service at any time at our sole discretion. Changes may be made to address legal requirements, business needs, service changes, or other operational considerations.

Notification of Changes

• Advance Notice: Material changes will be announced at least 30 days before taking effect
• Website Notice: Changes will be prominently displayed on our website with effective dates
• Email Notification: Registered users may receive email notifications of significant changes
• Account Alerts: Changes may be communicated through in-account notifications
• Version Control: Updated terms will include revision dates and change summaries

Acceptance of Changes

• Continued Use: Continued use of our services after changes take effect constitutes acceptance
• Disagreement Options: If you disagree with changes, you must discontinue use of our services
• Pending Orders: Orders placed before changes take effect will be governed by the terms in effect at the time of order
• Granular Consent: Certain changes may require explicit consent before continued service access

Governing Law and Jurisdiction

Applicable Law

These Terms of Service and all related matters shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. The Information Technology Act, 2000, Consumer Protection Act, 2019, and other applicable Indian laws shall apply.

Jurisdiction and Venue

• Exclusive Jurisdiction: The courts of Guwahati, Assam, India shall have exclusive jurisdiction over any disputes not subject to arbitration
• Submission to Jurisdiction: By using our services, you submit to the personal jurisdiction of these courts
• Venue: Any legal proceedings shall be conducted in Guwahati, Assam, India
• Service of Process: You consent to service of process by electronic means or other methods permitted by law

International Users

• Local Law Compliance: International users must comply with their local laws in addition to these Terms
• Additional Rights: Local laws may provide additional consumer rights that are not waived by these Terms
• Conflict Resolution: In case of conflict between these Terms and mandatory local laws, local laws shall prevail
• Enforcement Limitations: Some provisions may be unenforceable in certain jurisdictions

Severability and Enforcement

Severability Clause

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Enforcement Priorities

• Partial Invalidity: Invalidity of any single provision does not affect the validity of remaining terms
• Reformation: Courts may reform invalid provisions to reflect the original intent while ensuring enforceability
• Essential Terms: If any essential provision is found unenforceable, the entire agreement may be void
• Substitute Provisions: PrintMagnet may provide substitute provisions that achieve similar legal and commercial effect

Entire Agreement and Integration

Complete Agreement

These Terms of Service, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and PrintMagnet regarding your use of our services. This agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties.

Integration and Amendments

• No Oral Modifications: These Terms may only be modified in writing as specified in the modification section
• Waiver Requirements: Any waiver of these Terms must be in writing and signed by PrintMagnet
• Course of Dealing: No course of dealing or trade usage shall modify these Terms
• Parol Evidence: These Terms represent the complete understanding and no external evidence may contradict these terms

Hierarchy of Documents

• Primary Terms: These Terms of Service take precedence over general website content
• Privacy Policy: Our Privacy Policy governs data protection matters and is incorporated by reference
• Additional Policies: Specific policies (shipping, returns, etc.) supplement but do not contradict these Terms
• Order-Specific Terms: Special terms for specific orders supplement these general Terms

Contact Information and Legal Support