Acceptance of Terms of Use

 

Thank you for visiting https://mygoodness.in/ (“Site” or “My Goodness”). Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. By accessing or using this Site you confirm that you are competent to contract under the relevant local laws and that you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

 

My Goodness reserves the right to update the Terms of Use on the Site at its discretion at any time without prior notice. Any change or modification to the Terms of Use will be effective from the date of such update on the website. Your continued use of the Site following the modifications to the Terms of Use constitutes your acceptance of the modified Terms of Use. By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use, whether you have read the same or not. My Goodness reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

 

Eligibility to Use

Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.

 

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of My Goodness Printers (referred to herein as “My Goodness”) or the copyrighted property of parties from whom My Goodness has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use.

 

My Goodness reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. My Goodness reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other My Goodness customers may use the design tools to create logos that have similar or identical combinations of these elements and My Goodness does not guarantee that your logo will not have similarities to logos designed and used by other parties. My Goodness provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark, or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

 

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through My Goodness (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorised or permitted. Obtaining Products from My Goodness does not entitle you to use any portion of Content apart from the finished Products as they are supplied by My Goodness. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products.

 

By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorise My Goodness to produce the Products on your behalf. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious, or otherwise objectionable.

 

My Goodness reserves the right, in My Goodness’s sole discretion, to refuse to accept any content provided by you to My Goodness or to process any order at any time and for any reason. My Goodness also may terminate its service to and/or the accounts of customers found to be using My Goodness to engage in undesirable activities or otherwise violating these Terms of Use. You are solely responsible for your use of Content in combination with any other images, graphics, text, or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products.

 

Shipping and Delivery

All Products purchased from the Website shall be delivered to the Member by the Logistics Partner engaged by My Goodness. My Goodness will endeavour to exercise its best efforts to provide expeditious delivery of the products on the estimated arrival date while placing the order. However, My Goodness cannot accept liability or be held financially responsible under any circumstances for any delay in delivery regardless of the cause of such delay. Estimated Arrival Date is purely indicative and is subject to change due to change in conditions post placement of order. My Goodness disclaims any claims or liabilities arising from any delays or and damages for goods in transit. My Goodness shall not be held responsible and will bear no liability for delays or and damages caused by but not limited to bad weather, flight delays, political disruptions, other unforeseen circumstances.

 

Any reasonable delay beyond My Goodness’s control will not constitute a deficiency of service on the part of My Goodness. The member undertakes to provide an accurate postal address to facilitate delivery by My Goodness. Incomplete address details are likely to result in loss or delay of shipment. My Goodness will not be held liable for delays or loss of shipments or any other loss caused due to inaccurate and incomplete address. Members will be liable to pay for the product or service which is undelivered for want of completeness/accuracy of address provided at the time of placing the order. My Goodness will not be held liable for misplaced, lost shipments, delays, incorrect deliveries, or any other loss caused to the member.

 

In an event where the Member requests for a change to the product, address, or any other details pertaining to the product or service post placement of order, this will result in a change to the original Estimated Arrival Date subject to availability of the product at the time and post such change request. My Goodness will endeavour to accommodate such changes requested post placement of order, however, will not be held liable under any circumstances for non-execution of such change requests. My Goodness shall be entitled to dispose of the Products ordered by the Member in the event that the Member is not available for delivery or refuses delivery within 7 days of first delivery attempt. In the event of disposal, My Goodness will not be liable for any misuse post such disposal.

 

Cash on Delivery (COD)

There is no Cash on Delivery service provided by My Goodness.

 

Refund Policy

My Goodness does not offer any refunds once the order is confirmed and the work started.

 

Transfer of Title

The customer agrees that the risk of loss and title for any printed Product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

 

Indemnification

You agree that you shall indemnify My Goodness and all parties from whom My Goodness has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to

(i) your breach of these Terms of Use or

(ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the standard Site Content and that you uploaded or otherwise provided to My Goodness or incorporated into Products.

 

As to clause (ii), you agree that we have the right to control the defence of any such suit, claim or demand.

 

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

 

Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. My Goodness does not proof documents created by its customers prior to processing.

 

Limitation of Liability

IN NO EVENT SHALL My Goodness OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT MR BHARATHY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM MR BHARATHY OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL MR BHARATHY BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES. IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to My Goodness in connection with the operation or content of this Site shall be provided by the submitter and received by My Goodness on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of My Goodness. By submitting any such information to My Goodness, you agree that you are transferring and assigning, at no charge, all of your right, title, and interest in the information, including all copyrights and other intellectual property rights. You agree that My Goodness shall be free to use such information on an unrestricted basis.

 

Governing Law

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. All issues related to the protection, infringement, or misuse of copyrighted materials, access to or use of this Site shall be governed by the laws of India. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Chennai, India. The courts in Chennai shall have exclusive jurisdiction in respect of any matters arising here from. You agree to submit to the jurisdiction of courts of Chennai, India and agree that the venue in these courts is proper in any such legal action or proceeding.

 

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