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Introduction:
Welcome to the personalized products and services e-retail platform- kabootarjaja,
Please read these Terms of Service carefully as they contain the legal terms and conditions that you agree to when you use
the service provided by kabootarjaja.
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Membership:
kabootarjaja membership is available through registration process after you submit certain requested information to kabootarjaja.
Before registration we ask whether or not you agree to current Terms of Service. You will be allowed to use our service only
if you agree to our Terms of Services.
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Designing/Personalizing:
Presently you may Order/Personalized products on the website through the internet. kabootarjaja may offer you other method
of Ordering/Personalization in the future.
You will not use the service which may fall in any of the following category:
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Racist
material.
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Material
that infringes any copyright, trademark, patent or other intellectual property right or any moral right of any third party.
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Material
that harms anyone including minors.
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Material
that contains viruses, worms, corrupted files, Trojan Horses or any other form of corruptive code.
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Material
that is likely to incite hatred against any person or group ? Blasphemous material ? Defamatory or otherwise actionable material
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Images
of any criminal act.
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Material
that breaches any applicable laws or legislation.
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Material
that involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
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material
that promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
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material
that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
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material
that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible
page);
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material
that displays pornographic or sexually explicit material of any kind;
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material
that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under
18;
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material
that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
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material
that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
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material
that engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter
and advertising.
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All
content, public or private, that is submitted to us is the sole responsibility of the person who submitted it. Hence, you
are personally responsible for your CONTENT. kabootarjaja has sole discretion to decide whether any content is Prohibited
Content. However, we will not monitor or examine any content submitted to us using Internet or any other medium.
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Permitted
Use of This Website: This website is the private property of kabootarjaja and your access to this website is only with our
permission. Any unauthorized access or use will be deemed, among other things, a trespass, and we reserve the right to pursue
our legal rights for any unauthorized access or use of this website, including seeking civil remedies and equitable relief
to the fullest extent possible, and referral of matters to appropriate law enforcement agencies.
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Prohibited
Use of This Website: You are prohibited from doing any act that has the effect of undermining the integrity of our system,
our services and the method by which we provide our services to users. If you use, deploy or facilitate the use or deployment
of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from the
Website, then you are not authorized to enter this website or use its services. If you use, deploy or facilitate the use or
deployment of any script, routine, program or any other automated means, method or device with respect to this website for
any other purpose, including but not limited to purchasing tickets, you are not authorized to enter this website or use its
services. If you intend to use, deploy or facilitate the use or deployment of any program, system, means, method or device,
for any purpose that places an unreasonable, unnecessary or excessive demand or load on this website, its hardware and connections,
or prohibits, denies or delays access to this website by others, you are not authorized to enter this website or use its services.
You will not download or copy any content displayed on this website for purposes other than preserving information for your
personal use, without the written permission of the Company. You will not establish any deep link or other connection to any
specific page or pages of this website other than the Home Page, without our written permission. You agree that you will use
this website only for lawful purposes.
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Storage
Policy: After accepting membership you will be provided free online storage for storing of shopping card/ message gallery/images
or any other items that we may provide in future. To continue enjoying free storage service, you need to make a purchase from
website at least once every 12 months. If you don't purchase anything from the website within 12 month periods, we may delete
the content stored in your account.
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Ordering:
Pricing All prices mentioned in our website are in Indian Rupees and US Dollars until explicitly specified. The price doesn?t
include shipping charges, other than when specified as any promotional deal. Shipping charges will be added to your order
during the ordering process.
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Cheque
payment: Cheque payment facility is only available in India. The payment realization might take some time depending on when
we receive it and when the bank gets it credited to our account. The information we collect are secure with us and are used
for the verification purpose of the cheque and to ensure secure account credit. Any charge associated with the outstation
cheque will be borne by the customer. Please ensure that you have sufficient balance to avoind any check bounce. The customer
has to bear any cost attached to Cheque bounce.
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Credit
card payment: To pay for the order we or our authorized partner may ask you to provide credit card number, expiration date,
billing information or any other information that may enhance security of transaction and prevent frauds. Without your permission
we will not store any credit card information in our database.
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Print/Paper
Quality: We try our best to produce the best quality paper/prints for you. However, quality of prints is dependent on various
factors like humidity, temperature or the quality of the digital file or original prints uploaded by you, if it applies.
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Resale
of Service: You hereby acknowledge that you will not reproduce, sell, resell, duplicate, copy any part of the service. You
shall also not access or use the service provided by us for any commercial purpose without prior consent of kabootarjaja in
the form of an agreement or MoU.
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Acceptance
of Order: We will accept any order that you may place using our service. However, if at any point of processing your order
or delivery, we identify that that order placed is not adhering to these Terms of Service; we will have the right to cancel
your order. In this case, we would send a notification to you.
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Delivery
of Order: Any dates specified for delivery of order are estimates only. We will try our best to deliver your order within
the specified time period. However, there might be delays due to unforeseeable reasons. Under such circumstances, kabootarjaja
shall not be held responsible. We will also not be responsible for delivery at wrong address (es) if the address specified
at the time of ordering is incorrect.
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Returns
and Refunds: If you are not satisfied with the quality of prints, please contact our customer service at info_kabootarjaja@in.com within 15 days of receipt.
We will work out the best possible solution to help you get the refund. Refund will be in the form of account credit only.
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Communicate
via Email kabootarjaja intends to send you updates and promotional offers via email. You are not required to be subscribed
to our mailing list and you may opt-out of this list at any time. E-mails will also be sent to you at all logical stages of
your order processing, like, order placed, order shipped etc.
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Communicate
via SMS: kabootarjaja may contact you via SMS if you allow us to provide you the order status in form of SMS alerts. If you
provide your mobile number and avail this facility, we would not use your data for any purpose other than what is specified.
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Offline
Conduct: kabootarjaja may not be monitoring the conduct of users off the Site and it is a breach of this Agreement to use
any information obtained from this Site in order to harass, abuse, or injure another person, or in order to contact, advertise,
solicit or sell to any Site user without kabootarjaja? prior explicit consent.
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Breach:
Without limiting any other remedies that kabootarjaja may have available at law or in equity, and in confirming that you have
breached any provisions of this Agreement, kabootarjaja may, without notice, cancel any pending transactions you may have
with kabootarjaja and restrict or deny your access to the Site and services.
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Intellectual
Property: All text, graphics, audio, design and other works on the Site are the copyrighted works of kabootarjaja unless otherwise
indicated. Content on the Site is for personal use only. Any alteration of the material or use of the material contained in
the Site for any commercial purpose is a violation of the copyright of kabootarjaja and/or its affiliates or associates or
of its third-party information providers. The Content available on the Site shall not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from kabootarjaja. All responsibility
and liability for any damages caused by downloading of any data is disclaimed.
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Modification
of Terms: kabootarjaja reserve the rights to modify or amend these Terms of Service for any reason. Such modification or amendments
will be effective immediately upon giving you notice by following means, including but not limited to, posting on our website/
email. You agree that kabootarjaja shall not be liable to you or to any third party for any modification, suspension or discontinuance
of the Site. You expressly agree that any information provided on the Site shall be used by you at your risk. You are advised
to hereby make proper enquiries and use the information provided on the Site.
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Termination:
You agree that kabootarjaja, in its sole discretion, may terminate your password, account (or any part thereof) or use of
the Site, and remove and discard any Content within the Site, for any reason, including, but not limited to : (i) violation
of these Terms of Service,(ii) violation of any applicable law, (iii) required by governing authority or (iv) lack of use.kabootarjaja
may also in its sole discretion and at any time move, change or suspend any part of service, discontinue providing the Site,
or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision
of this Agreement may be effected without prior notice, and acknowledge and agree that kabootarjaja may immediately deactivate
or delete your account and all related information and files in your account and/or bar any further access to such files or
the Site. Further, you agree that kabootarjaja shall not be liable to you or any third-party for any termination of your access
to the Site.
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Severability:
Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall: (i) be ineffective
in that jurisdiction to the extent of the invalidity, prohibition or unenforceability; (ii) not invalidate the remaining provisions
of this Agreement; and (iii) not affect the validity of that provision in any other jurisdiction.
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Governing
Law: All legal proceedings shall be subject to the jurisdiction of the courts in Delhi, India and shall be governed by and
construed in accordance with the laws of India and you agree to resolve the disputes under the Arbitration and Conciliation
Act 1996. The venue for such arbitration shall be at Delhi, India.
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Indemnity
You agree to indemnify kabootarjaja and its affiliates, including its directors, employees, service providers, content providers,
suppliers against any losses, claims or demand including legal fees, resulting from any violation of these Terms of Service,
or any wrongful activity related to your account by you or any other person using your account.
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Dealings
with Advertisers: Your correspondence or business dealings with, or participation in promotions of, advertisers found on or
through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such advertiser. You agree that kabootarjaja
shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Site.
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Links:
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because kabootarjaja
has no control over such sites and resources, you acknowledge and agree that kabootarjaja is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources. You further acknowledge and agree that kabootarjaja shall
not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available on or through any such site or resource.
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Representations
and Warranties: kabootarjaja agrees that to the best of its ability all service will be provided with reasonable skill and
care, and will be of satisfactory quality. The service is provided on an 'AS IS' and 'AS AVAILABLE' basis. Use of service
is at your own risk. If prints or service are of unacceptable quantity or quality our sole obligation on our discretion will
be to either (i) refund the full amount of purchase or (ii) replenish the item at no extra cost. kabootarjaja or any of its
affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person
from any inadvertent error in the information contained in this Site. The information from or through this Site is provided
"as is" and all warranties express or implied of any kind,regarding any matter pertaining to the Site or the Content including,
without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are
disclaimed. kabootarjaja and its affiliates and associates shall not be liable, at any time, for any failure of performance,
error, omission,interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure,theft
or destruction or unauthorized access to, alteration of, or use of information contained on the Site. No representations,
warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability,completeness, suitability or applicability
of the information to a particular situation.
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Disclaimer:
kabootarjaja MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONTENTS OF THIS SITE AND kabootarjaja ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. THE CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. kabootarjaja FURTHER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS
OR POINTERS AVAILABLE THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, kabootarjaja DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
kabootarjaja MAKES NO WARRANTY THAT (i) THE INFORMATION WILL MEET YOUR REQUIREMENTS,(ii) THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS SUBJECT TO THIS
AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. kabootarjaja is not liable on the authenticity
of such data. Without limiting the foregoing, under no circumstances shall kabootarjaja be held liable for any delay or failure
in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including,
without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor
or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts
or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. kabootarjaja
may change the format or content of the website, or any product or service offered by the website. kabootarjaja for any reason
with or without notice may terminate or suspend the operation of this website or any service provided by this website. kabootarjaja
might not take back-ups of the materials or images you upload in your album. It is not responsible for any loss, corruption
or deletion of your materials or images; it is advisable for you to keep backups of all the content that you upload to your
album.
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Limitation
of Liability: NEITHER kabootarjaja NOR ITS AFFILIATES, EMPLOYEES, AGENTS, SHARE HOLDERS OR CONSULTANTS SHALL IN ANY EVENT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ARISING OUT OF ANY BREACH OF WARRANTY EVEN IF kabootarjaja
OR ITS AFFILIATES, EMPLOYEES, AGENTS OR CONSULTANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION
OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON kabootarjaja INFORMATION, FROM INABILITY
TO USE kabootarjaja INFORMATION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS TO THE CONTENT OR SITE (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT
OF SUBSTITUTE CONTENT, LOSS OF GOODWILL, LOSS OF PROFITS, OR LOSS OF DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT
TO THE PERFORMANCE OR NON-PERFORMANCE OF kabootarjaja OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO, THE SITE PROVIDED THEREUNDER. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
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Relationship:
This Agreement or your use of this Site does not constitute any joint venture, partnership, employment or agency relationship
between you and kabootarjaja.
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