This agreement is entered between ‘Printodome’, having its office at A-53 DDA Sheds Okhla Industrial Area II N. Delhi, India (hereinafter referred to as “PD”), through its website www.printodome.com and ‘You’ as a visitor on the Website (hereinafter referred to as “User”)
The terms and conditions set out in this agreement shall be valid and enforceable from the date of its acceptance by the User. The User may proceed to avail PD Services through this Website only if the User accepts this Agreement by clicking on “I Agree” button placed at the bottom of this page and / or at any other place at this web page. If the User does not agree with any of the following terms and conditions, please do not register or proceed further.
Whereas www.printodome.com is a website (“Website”) owned and managed by the PD that provide various services and information to Users for Printers, Cartridges, Toners and allied, associated, accessories, spares, parts and other Services that are mentioned on the Website and facilitate the Users to make payment of subscription/fee, submit application for Registration and a variety of other services and work as an online link between the User and PD.
And Whereas the User being aware about the multiple benefits of utilizing services of www.printodome.com (“the Website”), intends to avail PD’s services.
NOW, THEREFORE, in consideration of covenants set forth herein, the Parties, out of their free will and consent, have entered into this Agreement and the Parties intending to be legally bound, hereby agree as follows:
This Agreement is the entire agreement between PD and the User with respect to the use of the Website and / or access to the Website Services / deliverables and supersedes all inquiries, proposals, agreements, negotiations and commitments, whether written or oral, before the execution date of this agreement. This Agreement and the other attached Exhibits exclusively will govern any purchase and sale of Services/Products provided under the Website www. printodome.com. User’s access to or use or navigation or surfing or the like of the website for any of the offered Services or Products or otherwise shall mean User’s acceptance of these terms and conditions (including Exhibits). PD is under no obligation to sale any offered Services/Products to the User unless the User accept this Agreement by clicking on “I Agree” button placed at the Website.
This agreement is a non-exclusive agreement and does not preclude / prohibit PD from entering into another agreement for the same services with another User.
i. If the User would like to avail the Services/Products, the User shall be allowed to create an account by filing an e-form available on the Website. Pursuant to submission of this form, the User shall be able to create a secure login ID and password for his / her account. The User, for the purpose of authentication of his / her account, shall be liable to provide a valid e-mail address and a mobile phone number at the time of creation of his/her account. Unless such e-mail address and mobile phone number is submitted, the User shall not be allowed to create his /her account or the User’s account shall not be activated.
ii. PD shall allot a unique identification number to each of the User so as to identify and distinguish each of them, on creation of the account by the User. This unique identification number must be quoted by the User in all his/her transactions and correspondence with the PD.
iii. The User shall be liable to pay non-refundable registration fee with applicable taxes to PD as per PD policy from time to time.
iv. The User shall at all times be responsible for maintaining secrecy and confidentiality of his/ her User ID and Passwords (collectively “Log-in”). User understands and acknowledges that, any loss incurred due to sharing/leakage of Log- in details shall be the sole responsibility of the User / individual, and PD will not be responsible to the User or otherwise for loss of any resultant data or information or money or compensation of any kind.
v. Only those users shall be eligible to register with the Website and avail its services, who have completed minimum 18 years of age and are otherwise competent to enter into a contract as per the “Indian Contract Act”.vi. PD shall display on its Website information about the Dealers of Services/ Products who are registered with its Website. The User, on creation and activation of his account, can use the Website Services or post his queries/communi
vii. PD or its Dealers of Service /Products may, at its discretion, contact the User personally through phone or e-mail or Website for clarification of his/her queries / communications. PD neither guarantees nor owes any responsibility or role for response of any query posted by any User on the website. PD shall act only as a facilitator for sending of enquiries/queries of Users to Dealers of Services/ Products and response to those enquires/queries shall be at the sole discretion/decision of the Dealers of Service/ Products.
viii. PD bears no responsibility as to the authenticity of the information posted on its Website.
ix. User(s) will be responsible for providing and updating correct information about its profile or other data on the Website. Before acting upon any information provided on the Website, the Users are advised to verify the information from authorized officials. Complying with any guideline of or in understanding the procedure etc. shall be the sole responsibility of the Users only. However, PD’s Customer Care department may help the User to clarify its doubts about the Website services, if any.
x. Some areas of the Website may require you to provide your personal information / details for creating your Account / Profile. When and if a User does the same, he/she agrees to:
The personal information/ data collected from the User shall be disclosed to the Dealers/Customer, wherever required. The User agrees that PD may use the data collected by the Website for effective performance of its functions and for general statistical analysis and for promotional purposes.
Save as otherwise provided in this Agreement, PD shall make reasonable efforts to secure the electronic storage and transmission of data using appropriate security features and ensure that every person involved with Website, PD shall maintain confidentiality of User’s personal information (except for Name, address and Communication details) and shall also ensure that the same remain secured from unauthorized disclosure to third parties. Notwithstanding anything contained in this clause, PD or its Dealers are not liable for,(a) where the User has himself/ herself or through their representatives or agents shared any personal information with any third party by providing access to his/ her account / Log-in details or through any other means; (b) has given such personal information voluntarily through any other Website; (c) is or becomes generally available to the public domain other than as a result of disclosure under this paragraph; (d) was already known to PD; (e) had been previously possessed by PD without restriction against disclosure at the time of receipt by PD; (f) was subsequently rightfully received from a third party without an obligation of confidentiality; or (g) was disclosed by the User to a third party on a non-confidential basis. The recipient shall be deemed to have met its confidentiality obligations as long as it exercises the same level of care to protect its own confidential information.
PD reserves the right without prior notice to disclose the personal information of the User including the contents, materials, if the same is required; (a) in order to comply with any order/written directive/ judgment/decree of Court or by any government or quasi-judicial authority;(b) by applicable law; (c) by professional/legal advisers, consultants, in connection with these terms and conditions or otherwise; (d) for investigating potential violations of the terms herein or applicable laws;(e) for investigating deliberate damage to the Services or its legitimate operation; (f) for responding to service support requests, or (g) for protecting the rights, property or safety or security of PD, its Subsidiaries, Affiliates or Group Companies, Sub-contractors, Suppliers, Service providers, Channel Partners, Directors, Employees Consultants, Advisors, Representatives, Agents, and the general public at large.
All content on this website, including site layout, screen designs, software, images, photographs, text, logos, data, graphics, audio, video clips, icons, services and other similar materials (collectively, "Materials") are the Properties of PD or licensed to PD for limited use and are protected under the patent, copyright, trademark and other intellectual property laws. The User cannot copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of Materials obtained from our website in any medium or manner to anyone. No part of the Website may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of PD. The User may print or download content from the website for personal, non-commercial use only, provided, he/she adhere to all patent, copyright, trademark and other proprietary obligations and / or notices of the website.
The User cannot use the PD Website to publish or distribute any information (including software or other content/material) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, offensive, profane, pornographic, threatening, or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. PD reserves the right to exercise editorial control over the content/ material that is submitted or distributed through its Website Platform and/or services. The User cannot, without prior approval of PD use the website to publish or distribute any advertising, promotional material, or invite other users of the website to use any of services.
This Website may contain links to other Internet Websites or resources only for the convenience of the User of this Website. PD is not responsible for the availability or content of these external Websites, nor does it endorse, warrant or guarantee the Products, services or information described or offered at these other Internet Websites. PD shall not be responsible for the contents, privacy practices or policies of such third party Websites and the privacy policies of this Website shall not apply to those Websites or to any information collected otherwise by any third party, nor shall be liable for any loss, damage or claim in relation to the same.
PD expressly disclaims warranties of any kind for any use of or any access to www.printodome.com and/or for any material, information, links, or content presented on this Website, to any external Website linked thereto, and to any external material, information, links, or content linked thereto.
Neither PD or its affiliates, nor any third-party content providers or licensors gives any warranty whatsoever, including without limitation, that the operation of the website will be uninterrupted or error-free; including the server that makes it available, is free from viruses or other harmful components; as to the results that may be obtained from the use of the content or other materials on the website; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any content, product or service provided on or accessible from the Website.
This Website and all content, products and services included in or accessible from this Website (including but not limited to any third-party information) are provided "as is" basis and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose), all of which PD disclaims to the fullest extent permitted by law. The use of the Website is at the User’s own risk. PD gives no warranty regarding the quality of any Products or Services.
For breach or default by PD of any of the provisions of these terms and conditions or the resultant agreement, PD’s entire liability, regardless of the form of action, whether based on contract or tort or otherwise (including negligence), will in no event exceed the Subscription charges / Fee paid to PD by the User, under this agreement (if any).
To the fullest extent permitted by law, in no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall PD be liable, for special, incidental, indirect, or consequential losses or damages of any kind (including but not limited to, loss of business, loss of revenue, loss of profits, loss of data, failure to realize expected profits or savings or other commercial or economic loss of any kind) arising out of any access to or any use of or any inability to access or use of this Website (including any material, information, links, and content accessed through this Website or through any linked external Website or its services).
PD has created, acquired or otherwise has rights in, and may, in connection with the performance of services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in, various concepts, ideas, methods, methodologies, procedures, processes, know-how, and techniques; models (including, without limitation, function, process, system and data models); templates; the generalized features of the structure sequence and organization of software, user interfaces and screen designs; and consulting and software tools, utilities and routines (collectively, the “PD Intellectual Property”).Except for the Content submitted by the Users, (including Registered members), PD retains all right, title and interest to PD Intellectual Property, documentation, software, Platform and Website developed by it. PD shall continue to own all right, title and interest in all patents, trademarks, copyrights, confidential information, trade secrets, and other intellectual property rights as it owned on the effective date of this agreement. No license under any patents, trademarks, copyrights, confidential information, trade secrets, or other intellectual property rights is granted or implied by either party. The User shall acquire no right or interest in such intellectual property. Nothing in this agreement shall be construed as precluding or limiting in any way the right of PD to sale or supply or provide services of any kind or nature whatsoever to any person or entity. In addition, and notwithstanding anything herein to the contrary, the User acknowledge and agree that (a) PD will own all right, title, and interest, including, without limitation, all rights under all patents ,trademarks, copyright, and other intellectual property laws, in and to the PD Intellectual Property, and (b) PD may employ, modify, disclose, and otherwise exploit the PD Intellectual Property (including, without limitation, providing Services or creating programming or Systems for other customers / clients/users) as it may deem fit from time to time.
Nothing on any PD's website shall be construed as conferring any license under any of PD's or any third party's intellectual property rights, whether by estoppels, implication, or otherwise.
PD will not be liable for any loss, damage, claim or delay arising out of its failure (or that of its consultants or subcontractors or licensors) to perform hereunder due to causes beyond its reasonable control, including without limitation, acts or omissions of Users, any error, interruption, deletion, defect, or delay in operation or transmission, communication, line failure, data theft or destruction, or unauthorized access to, or alteration of the User communications whether caused by Act of God or deliberate attempts of third parties to gain unauthorized access or otherwise.
PD shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, cloud services, computers equipment, software; failure of email or SMS services, on account of technical problems or traffic congestion, including injury or damage to its User and/or Registered members or to any other person's computer or other instruments or equipments related to or resulting from participating with the Website and/or in connection with this Website.
In consideration of being allowed to use the Website, the User agrees that the following actions shall constitute a material breach of these Terms and Conditions:
PD reserves the right to remove the contents posted on the website or any part of it, without any prior notice, when determines that the same constitute a material breach or detrimental to spirit of the Website/ PD’s business or services.
Different refund policies are applicable for different services. Please check the relevant Refund Policy as applicable by clicking appropriate services: (a) Refund Policy for Cartridges and Toners; and (b) Refund Policy for other Services.
The Parties to this Agreement agree that this Agreement shall be binding with effect from the date of its acceptance by the User and shall remain valid unless the User choose to click on unsubscribe / discontinue button on the Website or terminate in writing by one month’s prior notice to PD. The notice to that effect shall be displayed on the website itself. The notice displayed on the Website shall be treated as a notice duly given by PD. In case of any breach or default by the User, PD may, at any time, discontinue the operation of Website without any notice. Discontinuation of the operation of Website shall result in automatic termination of this Agreement without any liability or obligations. This Agreement may be terminated by either party upon 30 days’ notice to other.
PD will attempt in good faith promptly to resolve any dispute arising hereunder by negotiations. If unsuccessful, PD will attempt in good faith to settle the dispute by non-binding third-party mediation, with mediator fees and expenses apportioned equally to each side. Any dispute not so resolved by negotiation or mediation may then be submitted to the sole Arbitrator to be appointed by the Directors/Owners of PD and the Act and Rules of The Indian Arbitration and Conciliation Act, 1993 shall apply and the award made in pursuance thereof shall be binding on the Parties. The venue of the Arbitration shall be Delhi only and the proceedings of the Arbitration shall be conducted either in Hindi or English, as mutually agreed between the Parties. These procedures are the exclusive procedures for the resolution of all disputes between the Parties.
All disputes arising under this agreement will be governed by and interpreted in accordance with the Laws of India and the User agrees that all the disputes will be subject to the exclusive jurisdiction of the courts of Delhi.
I as a visitor on the Website, www.printodome.com carefully read and agree to all the above said terms and conditions before using www.printodome.com . By using this Website, I am accepting to be bound by the provisions of these terms & conditions.