Terms of Use

Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site 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.

Finovax 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.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

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 Finovax, and/or its subsidiaries (referred to herein as “Finovax”) or the copyrighted property of parties from whom Finovax 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. Finovax reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Finovax 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 Finovax (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Finovax does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Finovax.

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. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Finovax may terminate its service to customers found to be using Finovax to engage in undesirable activities.

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 authorize Finovax to produce the Products on your behalf.

You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. Finovax reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Transfer of Title                                              

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the 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 and defend Finovax and all parties from whom Finovax 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 you incorporated into Products that was not part of the standard Site Content.

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. 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.

Limitation of Liability

In no event shall Finovax or its licensors, suppliers, or vendors, their officers, directors, employees, or agents 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 Finovax 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 Finovax or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Finovax be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of this site or its content. In no event shall Finovax be responsible for any delays / damages occurred during transit of shipments

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Finovax in connection with the operation or content of this Site shall be provided by the submitter and received by Finovax on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Finovax. By submitting any such information to Finovax, 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 Finovax shall be free to use such information on an unrestricted basis.

Printer Details on Products

As the printer of the digital images or text on products ordered by customers on our site, Finovax.in reserves the right to print its logo as printer details. We would be unable to attend any complaints or requests regarding the same.

Governing Law and Dispute Resolution

Website use shall be governed by and construed in accordance with the laws of India. In the event any dispute or difference arises out of or in connection with the interpretation or implementation of this user terms or in connection with the breach, or alleged breach of this terms (hereinafter referred to as the “Dispute”) between Finovax and user, both of them shall attempt in the first instance to resolve the Dispute through friendly consultations. If the Dispute is not resolved through friendly consultations within fifteen (15) days after either of the party informing the other party in writing of the existence of the Dispute, then either party may refer the dispute for resolution by arbitration. Such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act of 1996 or any statutory re-enactment or modification for the time being in force. Either Party shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. The arbitration shall be held at Bangalore. All proceedings in any such arbitration shall be conducted in English. There shall be a sole arbitrator appointed by Finovax. The arbitration award made by the sole arbitrator shall be final and binding on the Parties and the Parties agree to be bound thereby and to act accordingly. The award shall be enforceable in any competent court of law. The award shall be reasoned and shall be in writing. The sole arbitrator may (but shall not be required to) award to the party that substantially prevails on merits, its costs and reasonable expenses (including reasonable fees of its counsel). Subject to the courts at Hyderanad-Telangana shall have exclusive jurisdiction over any of the disputes arising out of or in connection with these terms