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.
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
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 SparshMedia (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 SparshMedia does not entitle you to use any portion of Content apart from the finished Products as they are supplied by SparshMedia. 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 SparshMedia 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. SparshMedia 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.
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.
Member agrees to pay GST or other similar taxes, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement. Member is responsible and liable for any fees, including attorney and collection fees, that SparshMedia may incur in its efforts to collect any remaining balances due from Member. This Section shall in no way limit any other remedies available to SparshMedia at law or in equity.
Member agrees to mention GST registration number and Entity Name, if applicable. The Member will ensure that the GST registration number and the Entity Name, if applicable corresponds to the billing address provided, as no change in the said details will be allowed once the order is placed.
Member further acknowledges that SparshMedia will not be responsible for verification of GST registration number and the Entity name, if applicable. Any tax liability arising consequent to non-compliance of law or due to furnishing of incorrect GST registration number and the Entity name, if applicable shall be borne by the Member. In the event, if Member fails to furnish GST registration number at the time of placing the order, the Member will be treated as ‘unregistered’ and will not be able to avail any input tax credit.
In any case, the liability of SparshMedia under GST regime would be limited to the amount of tax charged by SparshMedia.
Shipping and Delivery
All Products purchased from the Website shall be delivered to the Member by the Logistics Partner engaged by SparshMedia.
SparshMedia will endeavor to exercise its best efforts to provide expeditious delivery of the products on the estimated arrival date while placing the order. However, SparshMedia cannot accept liability or be held financially responsible under any circumstances for any delay in delivery regardless of cause of such delay. Estimated Arrival Date is purely indicative and is subject to change due to change in conditions post placement of order. SparshMedia disclaims any claims or liabilities arising from any delays or and damages for goods in transit. SparshMedia 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 SparshMedia’s control will not constitute as a deficiency of service on the part of SparshMedia.
The member undertakes to provide accurate postal address to facilitate delivery by SparshMedia. Incomplete address details are likely to result in loss or delay of shipment. SparshMedia will not be held liable for delays or loss of shipments or any other loss caused due to inaccurate and incomplete address. Member 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. SparshMedia 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 change to the original Estimated Arrival Date subject to availability of the product at the time and post such change request. SparshMedia will endeavor 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.
SparshMedia shall be entitled to dispose 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, SparshMedia will not be liable for any misuse post such disposal.
Cash on Delivery (COD)
We provide the cash on delivery facility for our valued customers. Cash on delivery is available only for select pin codes and hence the orders will be confirmed if your pin code is serviceable.
Member can pay using cash or by card (if accepted by SparshMedia Logistics Partner) at the time of delivery of order placed under COD. Except by cash or card, no other mode of payment will be accepted.
Member will be required to pay the amount as stated on the shipping label for all Cash on Delivery Orders. In case of split shipment of single order or consolidation of multiple orders, the value on the shipping label might not correspond to the product delivered. In case of over payments for such shipments, SparshMedia will refund any excess cash received to the Member on request and to the Bank Account provided. Such refund will be processed provided there is a confirmation of cash received from the logistics partner.
By selecting the COD option, the member is agreeing to pay the order value on delivery. SparshMedia reserves the right to take suitable action including but not limited to account suspension, recovery proceedings and legal course of action against the member.
Refund, if any, shall be made at the same issuing bank through which the Product/Service was purchased. For cash on delivery transactions, the Member has the option to receive the refund in any bank account via NEFT and it is the responsibility of the Member to share the valid bank details to avail the said return.
For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode. .
On request from the Member, SparshMedia is liable to provide ARN (Acquirer Reference Number) or UTR (Unique Transaction Reference Number) to the Member for refunds made to the Member. However, in an event of non-receipt of such a refund in the designated Bank Account it will be the responsibility of the Member to provide SparshMedia with the set of documents required to support the claim of non-receipt. SparshMedia through its payment’s service provider shall, initiate the refund procedure post satisfactory verification of the documents provided by the member. .
If a Member chose to avail Merchant Credit in lieu of refund, such credit will be available for use by the Member for a period of (45) forty-five days. Post such period, the merchant credit will lapse and hence would not be usable for any future payments by the Member.
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.
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.
Limitation of Liability
IN NO EVENT SHALL SPARSHMEDIA 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 SPARSHMEDIA 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 SPARSHMEDIA OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL SPARSHMEDIA 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.
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to SparshMedia in connection with the operation or content of this Site shall be provided by the submitter and received by SparshMedia on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of SparshMedia. By submitting any such information to SparshMedia, 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 SparshMedia shall be free to use such information on an unrestricted basis.
Simran Kaur, Customer Service: firstname.lastname@example.org
At SparshMedia, we are committed towards ensuring that disputes between SparshMedia and Members are settled amicably by way of the dispute resolution mechanisms and procedures
In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 30 (Thirty) calendar days, gives a notice to this effect, to the other party in writing.