Terms of Service
OVERVIEW
This website is operated by PICTOWORLD. Throughout the site, the terms “we”, “us” and “our” refer to PICTOWORLD. PICTOWORLD offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors, images, size and materials of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ORDER CONFIRMATIONS & ACCEPTANCE
When you confirm an order on Pictoworld, it is considered as an offer to purchase. All such offers are subject to review, approval and acceptance by Pictoworld. When you confirm an order there is an autogenerated confirmation mail/SMS/other notification sent out with your order details. This notification in no way signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or fulfil your order. Pictoworld reserves the right at any time after receiving your order, to accept or decline or cancel your order (in whole or in part) for any reason whatsoever. Most of the products listed at Pictoworld are customized and require additional verifications or information before accepting and confirming any order. You are required to provide accurate and complete information as requested along with the order including but not limited to accurate address of the recipient, photographs as requests, others details to name a few. In the event where Pictoworld cancels your order, in full or part you agree that your sole and exclusive remedy is either that:
- In case your credit/debit card or bank account is charged then Pictoworld will issue a credit to your original payment provider with the amount of the cancelled portion
Or
- In case if the amount is not debited from your credit/debit card or bank account then Pictoworld will not charge your credit/debit card or bank account for the cancelled portion of the order.
Pictoworld accepts payments through various channels like Visa, Master Card, Diners Club, Maestro, American Express, Debit Card Digital wallets and others as mentioned on the website. All the payments made through the above-mentioned options on Pictoworld website are subject to specific terms and conditions of such third party payment gateways.
SECTION 7 – ORDER MODIFICATIONS & CANCELLATIONS
Most of the products listed on Pictoworld are customized based on your needs and preferences. These products require information and pictures for us to be able to create those products for you. Also a few items are needed to complete your order which are sourced from other vendors. Pictoworld reserves the right to modify/cancel your order in full or part if the required content, pictures and any other information as needed are not provided and if some of the items are not available. You will be notified of such change and similar order cancellations and refunds policy will be applicable as mentioned in the Order Confirmation & Acceptance section
Confirmed orders cannot be cancelled once paid for. Most of the products require images and information and it is your responsibility to provide us with complete and accurate information. In case of incorrect or incomplete information the orders will be processed with the available information and no refund requests will be entertained in such cases.
For a few products we may need you to review and approve designs as mentioned on the product details and How it Works section of the product. You are required to comply with the timelines mentioned. If you do not revert with any feedback/suggestions/requests with thin the stipulated time then the designs will be considered as deemed approved and the order will be processed further.
SECTION 8 – PHOTOGRAPH & INFORMATION REQUIRED FOR CUSTOMIZATION
Most of the products listed on Pictoworld are customized based on your needs and preferences. These products require information and pictures for us to be able to create those products for you. There are options for you to upload your pictures on the product page or send it to us offline through mail or your preferred cloud storage through your subscription. It will be your responsibility to send us all the required information and pictures which are needed as per the product. Timelines and cancellation policy will be applicable as mentioned in the Order Modification & Cancellations section
SECTION 9 – ORDER CONFIRMATION NOTIFICATION
We have setup automated notification to alert you post your order. After you place an order, there will be an auto generated order confirmation notification sent through email and SMS. This notification will include details of your order, including the order number. This order number will be required to be quoted in every communication that you may wish to have with Pictoworld.
For any order confirmation and other details please e-mail at support@pictoworld.in or message at +91 88219 53333
SECTION 10 – SHIPPING & DELIVERY POLICY
For all the products, respective shipping policy will be mentioned on the product page
Shipping & Delivery timelines mentioned are indicative. While Pictoworld will try and deliver your order within the defined timelines but there could be certain external factors which may delay the delivery in some cases.
In case if there is a delay in your order then we will try and reach out to you through email/SMS as applicable
It is your responsibility to provide an accurate and complete address of the recipient. In the event where the shipping address was incorrect and if we are not able to deliver the product then the same order will be considered as fulfilled.
All the orders will be shipped from India. Any International order will have longer delivery timelines and additional charges maybe applicable. The price paid on Pictoworld is only for the product and shipping within India. Any other charges if levied outside India will have to be borne by the customer and Pictoworld will not be responsible for any such charges or process.
SECTION 11 – PAYMENTS
The prices shown on Pictoworld are inclusive of product price, GST and shipping for all orders within India. There will be additional delivery charges applicable for orders originating outside India. You agree to pay the price shown on Pictoworld. Any charges which are not mentioned as inclusive will be additional and will be handled by you directly.
All payments once made with a confirmed order are non-refundable
Any dispute related to payment or delivery will be under the Jurisdiction of Indore, Madhya Pradesh, India.
Order will be processed only after the amount is credited in Pictoworld’ s account and is confirmed by the payment provider
SECTION 12 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 13 – COMMUNICATIONS
All the communications related to products, order, shipping and any other website related queries will be handled through the Shopify mail services, other Shopify apps or our official email id, support@pictoworld.in or through the official mobile number, +91 88219 53333 which can be reached over WhatsApp/SMS
Pictoworld is always eager to hear from you. Please use support@pictoworld.in for providing any feedbacks, suggestions, complaints or any other information that you wish to share
For all the communications related to an order it is mandatory for you to mention the order number for us to be able to respond.
SECTION 14 - OPTIONAL TOOLS
Most of the products available on Pictoworld are customized based on your requirements. Hence there is no option of return or exchange of any product. In case of wrong or defective product please reach out to us within 48 hours of the receipt of the product at support@pictoworld.in along with details and pictures of the product. If it is found to be an issue with product creation, then Pictoworld will try and send you the correct product or will raise a refund request for the amount of the product in discussion. Pictoworld will not be responsible for defective/damaged products caused due to improper handling. Any claims of wrong/defective product raised after 48 hours of the receipt of the product will not be entertained.
SECTION 15 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 16 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 17 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 18 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 19 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 20 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 21 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PICTOWORLD, our directors, partners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 22 – COPYRIGHT
While Pictoworld requires you to upload pictures and information in order to customize the products as per your needs, there are many sections where Pictoworld has displayed its copyrighted images. These images were clicked by one of the Pictoworld’ s partner, Mr. Manoj Jain who has been in the photography field for the last 25+ years. None of the images shown on Pictoworld can be downloaded or reused without explicit consent from the partners of the firm. The right click functionality on the Pictoworld website is disabled to prevent that. Our policy prohibits you to use any other methods, tools or processes to copy the content or pictures from the site for any purpose.
SECTION 23 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PICTOWORLD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 24 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 25 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 26 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 27 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
Jurisdiction of Court at Indore, India will be applicable for all disputes and claims.
SECTION 28 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service 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.
SECTION 29 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@pictoworld.in.
Last updated: 20 Dec 2020