Last updated: August 19, 2019
These Terms and Conditions govern the use of the printupgo.com website, owned and operated by Ninehearts Imaging (Private) Limited and Ninehearts Color Labs (Private) Limited.
The Terms and Conditions of Use [“Terms and Conditions”] set out hereinbelow constitute a legally binding agreement (the “Agreement”) between you on the one part and Ninehearts Imaging (Private) Limited and Ninehearts Color Labs (Private) Limited [hereinafter referred to as ‘Printupgo’] on the other and govern the use by you of the Printupgo Website. The use by you of the Printupgo website and its features, including the on-line purchasing facilities, is contingent and conditional upon you accepting these Terms and Conditions and the Printupgo Privacy Policy.
By clicking on “I agree”, you accept these Terms and Conditions together with any other terms and conditions subject to which you use the Services and Website, including but not limited to the Printupgo Privacy Policy.
These Terms and Conditions may be amended from time to time with or without notice to you. Whenever these Terms and Conditions are amended, the revised version of the Terms and Conditions will be posted on our Website and when you click on the ‘Terms and Conditions’ link you will be directed to such revised version of the Terms and Conditions. You should, therefore, read the Terms and Conditions periodically so as to keep yourself updated with the terms and conditions in force at any given time. Your acceptance of the Terms and Conditions includes acceptance of any amendments to such Terms and Conditions done from time to time.
You should also read the Printupgo Privacy Policy prior to using the Printupgo Website.
1. INTRODUCTION, ELIGIBILITY, INFORMATION AND SECURITY
1.1 Introduction
Printupgo.com is an online store through which you can, subject to these Terms and Conditions, and in particular the Conditions of Sale as set out below, purchase online the Products available on our Website using the available payment options.
1.2 Eligibility
To be eligible to purchase Products on our Website, you must be at least 18 years old.
1.3 Information
You may open and maintain an Account with us [although opening an account is not mandatory to use the Website or purchase Products available on the Website].
In order to open and maintain an Account, you must provide us with correct and up-to-date Information. You will be required to provide this Information at the time you register with us.
(a) Your contact information. It is your responsibility to keep your contact and other information updated. You may update your contact information at any time by logging on to your Account. All information provided by you or otherwise obtained by us relating to you will be kept strictly confidential and shall be used by us only in accordance with our Privacy Policy.
(b) Primary e-mail. At the time of registration, you will be required to provide an e-mail address which will function as your primary e-mail address when we communicate with you electronically. It is your responsibility to keep your primary email address up to date and operational at all times. You understand, acknowledge and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you effectively.
1.4 Security
(a) While we have taken all precautions to ensure that our Website is secure and that your information is protected, you acknowledge and agree that you are also responsible for ensuring the security of your Account.
(b) You agree that you will take all measures to keep your password secure and secret at all times, and that you will take all steps to prevent the unauthorised use of your User ID. Protecting your password is your responsibility.
(c) You MUST inform us immediately of any unauthorized access to your Account Profile or any unauthorized transaction or instruction which you know of or if you suspect that someone else knows your Password and/or has access to your Account. Such notification should be provided via email to support@printupgo.com. You will be required in such circumstances to change your Password immediately to a different password that has not been used before.
2. USE OF THE WEBSITE
2.1 You may, where the Website permits, post comments, reviews of Products and other content. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available.
2.2 By posting comments, reviews and other such content, you warrant and undertake that you have the necessary right and authority to so, and that such publication and/or use and/or dissemination will not violate or infringe any third party copyrights or other intellectual property rights in or to the content or any data or information included in the content or breach any non-disclosure obligation. You will indemnify and keep indemnified Printupgo against any claim, loss, damage, suit, prosecution, action or charge arising from a breach of this warranty and undertaking.
2.3 Restrictions on use. You agree not to use the Website (i) for illegal purposes; (ii) for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code; ((iii) in a manner that infringes or may infringe intellectual property or other rights of another; (iv) for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email; (v) in a manner that could damage, compromise, over-burden or otherwise impede the proper functioning of the Printupgo systems, servers or resources. You shall also not use any false identity to mislead any person as to the source of any communication originating from the Services. Printupgo reserves the right to remove or edit any offending content, although it is not obliged to do so.
2.4 By posting comments, reviews and other such content, you warrant and undertake that you have the necessary right and authority to so, and that such publication and/or use and/or dissemination will not violate or infringe any third party copyrights or other intellectual property rights in or to the content or any data or information included in the content or breach any non-disclosure obligation. You will indemnify and keep indemnified Printupgo against any claim, loss, damage, suit, prosecution, action or charge arising from a breach of this warranty and undertaking.
3. OUR RIGHTS AND LIABILITIES
3.1 We reserve the right to suspend and/or cancel and/or modify and/or withdraw, temporarily or permanently, the Printupgo services (or any part thereof) with or without notice to you and you agree and acknowledge that we shall not be liable to you or any third party for any modification to or withdrawal of such services. We have no obligation to continue producing or releasing updates to or new versions of the Website.
3.2 We do not warrant an error free or uninterrupted performance of the Website and/or any part or feature of the Website or the Printupgo services.
3.3 We will use all reasonable endeavours to maintain the Website and keep same operational so as to provide you with an uninterrupted service. However, there may be situations that render the Website and/or the Printupgo services and/or any part or feature thereof temporarily not operational due to reasons beyond our control and/or where we may be compelled to take the Website and/or the Printupgo services and/or any part or feature thereof offline and/or interrupt the services or any part or feature thereof for, inter alia, maintenance, rectification or updating. However, notwithstanding anything to the contrary contained elsewhere in this Agreement, Printupgo shall not be liable to you and/or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising from or attributable or incidental to the Website and/or the Printupgo services and/or any part or feature thereof being offline and/or not operational and/or taken down and/or suspended and/or inaccessible and/or interrupted and/or due to any error in the Website or the Printupgo services due to any reason whatsoever even if we had been advised of the possibility of such damages.
4. GENERAL TERMS
4.1 Limitation of liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE PRINTUPGO SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND ALL SUCH LIABILITY TO YOU OR TOO ANY THIRD PARTY WHATSOEVER IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
4.2 No Warranty. THE PRINTUPGO SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. PRINTUPGO, OUR PARENTS AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
4.3 Idemnification. You agree to defend, indemnify and hold Printupgo, their Affiliates and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including reasonable attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your breach of these Terms and Conditions and/or use of the Website.
4.4 Complete Agreement and Survival. These Terms and Conditions along with the Printupgo Privacy Policy sets forth the entire understanding between you and Printupgo with respect to the Website and the Printupgo services. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
4.5 Assignment. You may not transfer or assign any rights or obligations you have under these Terms and Conditions without Printupgo’s prior written consent. Printupgo reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
4.6 No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
5. CONDITIONS OF SALE
5.1 Trademarks. The Printupgo name, logo and all names and logos associated with Printupgo, the Website are trademarks of Ninehearts Imaging (Private) Limited and Ninehearts Color Labs (Private) Limited, and you agree that you will not display or use in any manner any such trademarks without the prior express consent of Ninehearts Imaging (Private) Limited and Ninehearts Color Labs (Private) Limited (as the case may be).
5.2 Copyrights, patents and design rights. Ninehearts Imaging (Private) Limited and Ninehearts Color Labs (Private) Limited are the owners of all copyrights, patents, design rights and other intellectual property rights in and to the Website and all software incorporated therein or associated therewith [subject to any third party rights in any software used in the development of the Website]. The content of the Website, including trade names, trademarks, logos, text, graphics, applications, software and other content is unless indicated otherwise, the sole and exclusive property of Ninehearts Imaging (Private) Limited and Ninehearts Color Labs (Private) Limited and is protected by domestic and international copyright, trademark and other intellectual property laws. Any unauthorized use or modification of any of the content of the Website is strictly prohibited and would be a violation of the intellectual property rights of Ninehearts Imaging (Private) Limited and Ninehearts Color Labs (Private) Limited.
6. CONDITIONS OF SALE
6.1 Orders
6.1.1 (a) All information published by Printupgo on the Website containing descriptions, specifications and features of Products are so published for purposes of guidance only. Printupgo shall have the right to change, modify or amend any such information from time without notice. Although Printupgo has sought to be as accurate as possible in respect of product descriptions and other information published on the Website, such information may contain technical inaccuracies and typographical errors. Printupgo does not warrant or guarantee that such information is 100% accurate, reliable, complete or error free.
6.1.2 (b) All Products and or services displayed for sale on the Website are offered for sale subject to availability and subject always to Printupgo’s acceptance of the Order.
6.1.3 (c) No Contract shall be deemed completed unless and until an Order placed by you is accepted by Printupgo. No Order shall be deemed accepted by Printupgo unless and until it is confirmed unconditionally by Printupgo on screen and/or by e-mail.
6.2 Price and Payment
6.2.1 (a) The price indicated on the Website in respect of each Product is the price of the Product at the time of on-line sale. You acknowledge however that there is a possibility of inadvertent misstatement of prices on the Website and consequently, the final price of Products ordered will be confirmed only when processing of your Order. In the event the confirmed price is more than the price indicated on the Website, no charge will be made from you and the Order will not be processed until you confirm approval of the new price.
6.2.2 (b) All applicable delivery charges, credit card surcharges [if any] and procession fees will be displayed along with the final price of the Products/Services when processing the Order. In the event you do not agree to such charges, the Order will not be further processed.
6.2.3 (c) Payment for the Products may be made using any of the available options, including online payments by credit/debit card or payment on delivery.
6.3 Delivery
6.3.1 (a) You will be required at the time of placing Order to enter details of the address for delivery of the Products. Provided the place of delivery as specified by you is within the area wherein delivery is effected by Printupgo [which area is specified on the Website] such place shall be the place of delivery and will be indicated on the Order Confirmation.
6.3.2 (b) Any dates quoted for delivery of the Products are indicative only. It is specifically agreed that time for delivery will not be of the essence of the Contract and Printupgo shall not be liable for any loss, damage or expenses sustained by you arising from any delay in the delivery of the Products howsoever caused.
6.3.3 (c) Without prejudice to generality of Sub-Clause (b) above and the limitations therein contained, in the event that Printupgo is unable to effect delivery within the period quoted in the Website for any reason whatsoever Printupgo may at its discretion inform you of such inability, whereupon you may at your option elect to cancel the Order, in which event the total sums paid by you in respect of such Order shall be refunded by Printupgo to you.
6.3.4 (d) Delivery of Products shall be charged as per the then current rates/charges published on the Printupgo Website. Delivery charges in respect of each Order shall be indicated by Printupgo as aforesaid when the relevant Order is being processed. Delivery charges are subject to change from time to time.
6.3.5 (e) You shall inspect the Products on delivery and, where Products have been delivered by carrier or Printupgo, sign the required proof of delivery document or such other document submitted by the carrier/Printupgo. A signature on such a document by or on your behalf shall constitute conclusive evidence against you of receipt of the quantity of Products indicated on that document free from any apparent defect or damage.
6.3.6 (f) You may refuse to take delivery in the following circumstances:
6.3.6.1 (i) where the packaging/seal of packaging has been tampered with – a description of the alleged damage or defect or tampering shall be given by you in writing at the time of delivery and signed by you or on your behalf; or
6.3.6.2 (ii) where the Products delivered are not the Products ordered by you or where the Products delivered do not match the description of the Products in the Contract.
Where you refuse to take delivery for the reasons set out in (i) or (ii) above, Printupgo may, at its option, re-deliver Products matching the Contract description, in which event the provisions of Sub-Clause (e) and this sub-clause (f) shall apply to such re-delivery, or refund to you all sums paid in respect of such Products.
Provided that in the event Printupgo determines that there was no basis for you to reject the Products under either (i) or (ii) above, you shall be deemed to be in breach of contract by failing to take delivery of the Products.
6.3.7 (g) In the event you fail to take delivery of the Products, Printupgo may, without prejudice to or detracting from any other remedy available to Printupgo under the law arising from your breach of contract, pursue either or both of the following options:
6.3.7.1 (i) Store the Products until actual delivery and charge you for the cost (including insurance) of storage, together with any other reasonable incidental costs; or
6.3.7.2 (ii) Sell the Products at the best price readily obtainable by Printupgo and (after deducting all storage and selling expenses) charge you for any shortfall.
Provided that the provisions of this Clause shall not apply where you have refused to accept delivery in accordance with sub-clause (f) above.
6.4 Risk & Property
6.4.1 (a) The Risk of damage to or loss of the Products will pass to you on delivery at the agreed address specified at the time of Order.
6.4.2 (b) Provided that notwithstanding delivery of the Products and the consequent passing of risk in the Products, property in the Products shall not be deemed to pass to you until Printupgo has received in full the Price of the Products and any other sums due and payable by you under the relevant Contract.
6.5 Defective Products and limitation of liability
6.5.1 (a) All Products are accompanied by a standard manufacturer’s warranty for the Product, and Printupgo’s liability for defective Products shall be limited to its liability under the relevant warranty. The said warranty constitutes the entirety of the liability assumed by Printupgo to you relating to the Products. All other warranties of any kind including statutory, oral, written, express or implied, are excluded to the full extent permitted by law.
6.5.2 (b) Dead on Arrival (DoA) Products – A Product is considered DoA if it shows symptoms of a hardware failure, preventing basic operability, upon its first use out of the box. If you believe that your product is DoA, you should contact Printupgo customer care within 3 calendar days of the delivered date. A customer care agent will then direct you to the closest Printupgo service centre for assistance. The service centre will determine whether the product is DOA and offer you the following options:
6.5.1.1 (i) Service/repair: You may opt to have the Product repaired. However, once serviced and/or repaired, the Product may no longer be eligible for replacement, unless the service centre determines that the Product is not repairable.
6.5.1.2 (ii) Replacement: You may opt for a replacement of the DoA Product, in which case the DoA Product will be replaced at Printupgo’s expense at the service centre.
In the event a DoA Product is not notified to Printupgo customer care within the aforesaid period of 10 days, the defect will be dealt with in terms of the applicable manufacturer’s warranty.
6.5.3 (c) Except as provided herein Printupgo shall not be liable for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection with the sale of the Products. All liabilities not specifically mentioned herein are excluded to the full extent permitted by the law.
6.5.4 (d) In any event, the liability of Printupgo, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of Printupgo’s obligations hereunder shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) of the Products concerned. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser’s customers; inventory or use charges; or incidental or consequential damages of any nature.
7. GOVERNING LAW AND JURISDICTION
These Terms and Conditions and all Contracts incorporating the Terms and Conditions shall be governed by and construed in accordance with the laws of Sri Lanka. The Courts of Sri Lanka shall have exclusive jurisdiction in respect of all disputes arising under these Terms and Conditions or any Contract incorporating these Terms and Conditions.
8. CONDITIONS OF SALE
“Contract” means the Order and Order Confirmation in respect of onpne purchases carried out via the Website
“Products” means the products made available for sale by Printupgo via the Website in accordance with these Terms and Conditions.
“Order” means the Customer’s order for Products placed via the Website.
“Order Confirmation” means Printupgo’s confirmation of the Customer’s Order.
“Website” means the Printupgo website.
“Writing” includes writing or text displayed on the screen of a computer monitor/screen or other similar device.
