USER CONDUCT, REPRESENTATION AND INDEMNITY
You agree and undertake not to modify, copy, distribute, display, reproduce, publish, license, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that prior written permission of Perfect99 is sought and its name is credited as the source. All other unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted and will be subject to a lawsuit.
You agree and undertake to use the Website and its Service only to post and upload messages and material that are proper. In any scenario, you will not use the Website to:
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
upload files, software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
upload files or software that contain viruses, corrupted files, or any other malicious function/program that may damage the operation of the Website or another’s computer;
violate any applicable laws or regulations for the time being in force in or outside India; and
violate, abuse, unethically manipulate or exploit, any of the Terms of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
You are solely responsible for every material or content uploaded on to the Website. You can be held legally accountable if your material or content includes any defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email protected]
You agree to indemnify, defend and hold harmless Perfect99 from and against any and all losses, liabilities, claims, damages, costs and expenses, including legal fees and disbursements in connection therewith and interest chargeable thereon, asserted against or incurred by Perfect99 that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
PRICING, SHIPPING & GUARANTEE
Prices for all products are listed on the Website and are incorporated into these Terms by reference. All prices are in Indian Rupees (?). Prices, products & services may change at Perfect99’s discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon Perfect99’s shipment to the shipping carrier. Rules on cash-on-delivery, hereinafter mentioned as COD, vary based on transaction value, products, shipping location and other relevant parameters. Perfect99 retains the right to offer/deny COD for specific cases.
Perfect99 hereby disclaims any guarantees of exactness as to the appearance of the final product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. In such cases, the Product or Service can be returned, subject to our return and refund policy incorporated here by reference.
INTELLECTUAL PROPERTY RIGHTS
Unless indicated otherwise or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Perfect99 owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Notwithstanding the foregoing, it is expressly stated that you will retain ownership and shall solely be responsible for any content that you provide or upload when using our Service, including any text, data, information, images, photographs, music, sound, video or any other material. You expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Perfect99 endeavors to ensure that all the information on the Website is correct, but we neither warrant nor make any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Perfect99 be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
the inability to use the Service or Products;
unauthorized access to or alteration of the user’s transmissions or data;
any other matter relating to the Service; including, but not limited to, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Perfect99 be responsible for the delay or inability to use the Website or related services caused by non-availability during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Perfect99’s control.
data downloaded or otherwise obtained through the Website resulting in damage to computer systems or loss of data that results from the download of such material and/or data.
Perfect99 may suspend or terminate your use of the Website or the Service if we believe, in our sole and absolute discretion, that you have breached, violated, abused, or unethically manipulated or exploited any term of the Terms or in any way otherwise acted against our interests.
In the event of termination of your use of the Website or the Service, Perfect99 may delete any content or other materials relating to your use of the Service and will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.