TERMS OF USE

Last Updated: 31 July, 2020

Read through our Terms and Conditions carefully. Use or access of our Website is implied consent on your part.

www.timeto3d.com ("Website") is the official Website of Time To 3D that is owned and operated by Time Media Communications Private Limited ("Company"), a company incorporated under the laws of India, with its registered office at 22, Seva Sadan, Dashrathlal Joshi Road, Vile Parle (West), Mumbai, Maharashtra, 400 056 - India.

These terms of use ("Terms of use") apply to your visit and govern your use of the Website. By accessing or using the Website, you acknowledge to have read, understood and agree to be bound by these Terms of Use and you agree to comply with all applicable laws and regulations in respect of such use. If you do not agree with any of these terms, you are prohibited from using or accessing this site. All the material and information contained in this Website are protected by applicable copyright and trademark laws.

Time To 3D reserves the right to make changes to the Website, Information and the Terms of Use at any time. Such amended Terms of Use shall be effective upon posting on the Website, but shall not have retro-active effect. All transactions are subject to the Terms and Conditions in effect at the time of the transaction. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all the terms governing the Website and the Information.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services/Products without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

In order to contract with www.timeto3d.com you must be 18 years of age or older, can form legally binding contracts under applicable law and have registered as a user on the Website creating a Time To 3D account. You represent and warrant that:

  • forward All information submitted by you is true, accurate and does not infringe or violate any rights of third parties.
  • forward You are an authorised user of the credit/debit card used to place your order and that there are sufficient funds to cover the cost of your order.
  • forward You grant Time To 3D a non-exclusive, royalty-free, fully paid up, worldwide, transferable and sub-licensable license to use, copy, modify, distribute and display the information you submit to the Website for the purpose of (a) carrying out the services and sale of products (b) to improve our products and services (c) of marketing .
  • forward You agree that you will not (a) launch or use any automated means or process, including but not limited to “spiders”, “robots”, “load testers” etc., for retrieving or sending more communication than a natural person could reasonably produce or to create users accounts; (b) gain or attempt to gain unauthorized access to any (computer) system, server, network or hardware of Time To 3D, other users or any other third party; (c) act in any way that could overload, damage, disable, disrupt or harm the Website or interfere with any other user’s use of the Website; (d) reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website of Time To 3D. The contents hereof are the sole and exclusive property of the Company; (e) not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by these terms and conditions; (f) not use the Website in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website; (g) reformat, resell, or redistribute the Website or Information in any way without the explicit consent of Time To 3D in writing; (h) for whatsoever purpose, reproduce, store, copy, archive in any manner, format or medium either in part or full any of the material and information and their arrangement within the Website without prior consent in writing from Time To 3D.

If you do not comply with the Terms of Use with respect to your use of this Website, Time To 3D can, at its sole discretion and without any compensation or notice, deny you further access to the Website. Any attempt by you to damage the Website or to undermine the legitimate operations of Time To 3D's business or services may be a violation of criminal and civil laws and should any such attempt be made, Time To 3D reserves the right to seek damages from you to the fullest extent permitted by law.

You agree that Time To 3D may without prior notice, immediately terminate your access to this Website and its related services, including but not limited to when you have breached the terms of use, requested by enforcement or government agencies, non-payment of fees owed by you in connection with the services provided within the Website. Should you object to any of the terms and condition contained herein you should immediately discontinue use of this Website/service.

PRICING & AVAILABILITY OF PRODUCTS & SERVICES

All the information, content, product and service description, features, prices described or depicted on this Website are subject to change without prior notice. Such change however will have no effect on orders completed before posting of new prices on the Website. Whilst we make reasonable efforts to accurately display all the information pertaining to our products and services, errors may occur. We make no representation as to the accuracy, completeness or correctness of any information contained in this Website. If we discover an error in the price of any product or service which you have ordered we will inform you of the same and give you the option of reconfirming your order or cancelling it. Should you choose to cancel the order we will provide a full refund. If we are unable to contact you we will treat the order as cancelled. The inclusion of any product or service on this Website at a particular time does not imply or warrant that these products and services will be available at any time. All products and services are subject to availability. Dispatch time may vary according to availability and subject to any delays resulting from postal/courier delays or force majeure for which we will not be responsible.

PRODUCT SHIPPING, SAMPLING & ACCURACY

While we take utmost care while packaging your order and we use reputable carriers and appropriate means of delivery, we are not liable for any damages or delays that arise due to shipping. Our responsibility ceases once the product is out of our store. Any and all transit and shipping risks are to borne by you. Time To 3D may or not provide free samples at its discretion to clients. Depending on our order quantities and order history we may choose to provide samples. Accuracy, especially pertaining to miniature figurines dont reflect the real height, weight, color of the person. The 3D printed models are merely figurines and are made to approximation and not exact measurement.

LIMITATION OF LIABILITY

Time To 3D does not guarantee that this Website and all the information contained herein is free from errors, defects, malware and viruses or that the Website and information is correct, updated and accurate. In no event shall Time To 3D its suppliers and content providers be liable for any direct, indirect, punitive, incidental ,special or consequential damages but not limited to arising out or in connection with a) your access or use of this Website and information, including damages caused by malware, viruses or any incorrectness or incompleteness of the information or Website; b) failure or delays in delivery, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. Time To 3D shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reason or any reason beyond Time To 3D's control.

Time To 3D shall not be liable for any claims, actions, injury, loss or damage of any kind, including without limitation, personal injury or death, resulting from the use of the Website. This limitation of liability applies to all damages of any kind including but not limited to damages resulting from loss of business, loss of data, loss or damage to property, loss of profits or revenue, loss of goodwill, business interruption, cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon or other intangible losses, even if Time To 3D or its authorised representative has been notified orally or in writing of the possibility of such damage.

In the event that your state or country of residence does not allow any of the exclusions or limitations of liability or any of the disclaimers of warranties mentioned in the Terms of Conditions, such exclusions, limitations or disclaimers shall be limited to the maximum extent permitted by applicable law.

DISCLAIMER

The materials and information provided in this Website are provided "as is". Time To 3D and its licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no warranties, expressed, implied or statutory, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or condition of merchantability , fitness for a particular purpose and non-infringement of intellectual property rights or other violation of rights. Further, Time To 3D does not warrant or make any representations concerning the accuracy, reliability, completeness of any content, information, software, text, graphics, links or communication provided on or through the use of this Website or any sites linked to this Website or that the Website will be error free and uninterrupted. Consequently, Time To 3D disclaims all liability whatsoever for any monetary or other damage suffered by you on account of delay, failure interruption or corruption of any data or other information transmitted in connection with the use of this Website including but not limited to downloads from this Website. Time To 3D disclaims all liability for acts, omissions and conduct of any third parties related to your use of this Website.

THIRD PARTY LINKED SITES

As a convenience to you, this Website provides links to third party Websites. These third party linked sites are not under the control of Time To 3D or its Website and Time To 3D is not responsible for the contents, accuracy or reliability of any information or data made available on those Websites. Time To 3D is not responsible for any form of transmission, whatsoever, received by you from any third party link. The inclusion of any link does not imply endorsement by Time To 3D of the site. Time To 3D is not responsible for the privacy policies or practices of any third party sites linked to this Website. We advise you to read their privacy policies before submitting data to such sites. Use of any such linked Website is at your own risk.

INDEMNITY

You agree to indemnify, defend and hold harmless Time To 3D, its officers, directors, stakeholders, employees, agents, subsidiaries and affiliates , from and against any and all claims, liabilities, damages, losses, legal fees asserted against or incurred by Time To 3D arising out of or in connection with your use of this Website or breach of these Terms of Use.

INTELLECTUAL PROPERTY

All rights to this Website and the information made available to you remains the property of Time To 3D or its licensors and are protected by copyright laws. You may store, print and display the content solely for your personal use or as expressly authorised by Time To 3D. You are not permitted to publish, manipulate, copy, or distribute any of the content which is made available to you on this Website without express written authorisation from Time To 3D, nor may you use any of the content in connection with any business or commercial enterprise.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, products and services features on this Website are in no way associated, linked or affiliated with Time To 3D. Any trademarks/names/images featured on this Website are owned by the respective trademark owners. Where a trademark/name/brand is referred to, it is used solely to for informative and description purposes and is in no way an assertion that such information is owned by Time To 3D.

We expect that you are the legal owner, creator of the 3D design or hold copyright to use such 3D design from the third party and thereby, do not infringe on the rights of any other copyright holder. On acknowledgment of infringement of such rights by you, you will be barred from using our services. However, Time To 3D reserves no liability to verify the ownership or title of such 3D designs uploaded on its Website by you.

By submitting or uploading any 3D design file to Time To 3D, you confirm that you are the owner and/or you have obtained from a third party the rights necessary for submitting the design data to Time To 3D for quoting, production and commercial use. If the design you submit to Time To 3D infringes the intellectual property rights of third party(s), Time To 3D reserves the right to either not produce the design or produce the design without personally being liable for infringement of such rights of the third party(s). The user generated content if found to be infringing and/or in violating any law, you will defend Time To 3D against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by Time To 3D with respect to such claims.

GOVERNING LAW

Your access to or use of this Website, including all disputes arising thereof in connection with any dispute and including any claim involving Time To 3D, its affiliates, subsidiaries, employees, contractors, officers or directors, shall be governed by the laws of India, without regard to its conflict of law provisions and without regard to your actual place of residence and shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.

BREACH

Without prejudice to the other remedies available to Time To 3D under this terms and conditions or under applicable law, Time To 3D may immediately, temporarily and indefinitely, limit, suspend or terminate your account and/or refuse to provide you with access to this Website if: a) you are in breach o f these terms of use; b) we are unable to authenticate any information provided by you; c) we believe that your actions may infringe on any third party rights or violate any applicable law; d) fraudulent or declined transaction are detected, in which case we also reserve the right to initiate legal proceedings against you to recover the cost of goods.

PRIVACY POLICY

You hereby, consent and agree that you have read and fully understood the Privacy Policy of Time To 3D in respect to this Website. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

ADDITIONAL TERMS

If any part or provision of the Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. All other provisions remain in full effect.

These Terms of Use constitute the entire agreement between Time To 3D and you, superseding any prior understandings and agreements between both parties and any previous representation or statements from either parties. These Terms of Use may be modified only by our posting of changes to these Terms of Use on this Website, or by written agreement of both parties.

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

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