3D printed Corporate unique and customized gifts in India

Terms & conditions

The User Agreement:

A. Acceptance of the Terms:

Please read these Terms of Use before accessing or using this website https://www.cloneme.in. This website is maintained, operated and offered by 3dfication Printing Services LLP, a Limited Liability Partnership incorporated in India under the Limited Liability Partnership Act, 2008 and having its Registered Office at 3rd Floor, 162, Hansa Pratik, 6th Cross, Gandhinagar, Bangalore, Karnataka 560 009 (hereinafter referred to as Clone Me) and is intended to allow you, the User, to place an order to print your 3D model at your direction (hereinafter referred to as Service or Services). By clicking the I ACCEPT button or accessing or using the Website or any services offered or materials available thereon, you, the user, is agreeing to be bound by the terms and conditions set forth herein, as well as any changes made thereto that the Company may publish from time to time. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this website. Company may change the Terms of Use and other guidelines and rules posted on the website from time to time at its sole discretion. Your access and use of the website will be subject to the most current version of the Terms of Use, rules and guidelines posted on the website at the time of such use. Please regularly check the Terms of Use to view the then-current terms. You may access this Agreement at any time at https://www.cloneme.in

B. Registration and Account creation:

CloneMe may at times require you to register and/ or set up an account to use all or any portion of the service. For this, you may be required to choose a User Id, Password and other registration information as may be required. You agree that the information so provided is accurate and in case of any changes, you would update your customer profile on service. You may please see and agree to our Privacy policy as provided hereunder.
You will be solely responsible to maintain the confidentiality of your Registration information and for all use of service by you. You agree for keeping the Service updated with your current phone number as well as the e-mail id. CloneMe shall not be liable for information sent to a device that is associated with your outdated mobile phone number. If you install any software or enable any service that stores information from the Service on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account and in such situation, CloneMe shall not be responsible in any manner for any hardships or loss occurring, whatsoever, due to the unauthorized access.

C. Use of the Services:

CloneMe grants the usage of Services for Personal, non-commercial use only. You agree to use the Services only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability.
The Service is not intended for users under the Age of 18 years and CloneMe does not knowingly collect information from the users under the said age. Users are as well not intended to share their personal identifiable information to us and any such information so submitted shall not knowingly be used or retained by us.
You agree not to use the Service to upload, post, transmit, share, store or otherwise make available any content that may be deemed to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," or any other form of solicitation.

D. Ordering:

1. Placing an Order:

You may create a model of your Statue or Order online readymade product offerings on our website, with the support of our interactive interface. You may also use your content to create a face for the model of the Statue. You may share a picture of your face in the specified dimension and thereby customize your Statue. On completion of your model and upon our approval, you may place the order for your 3-Dimensional printed model. You understand and agree that the quality of your model and Statue depends in part on the quality of the resolution of the User Content you upload. We will use commercially reasonable efforts to ensure that any Statue that you purchase from us varies as little from your model as possible, but we make no representation, warranty, or guaranty that your Statue will appear as it does in your model and we are not responsible for your dissatisfaction.
The Service is not intended for users under the Age of 18 years and CloneMe does not knowingly collect information from the users under the said age. Users are as well not intended to share their personal identifiable information to us and any such information so submitted shall not knowingly be used or retained by us.
Further, we reserve the right to refuse any order for the reason so determined by us including if we are of the opinion that your Statue infringes third party’s rights, or is offensive, or the design of your Statue is not suitable technically for three dimensional printing. You understand that the 3D models are mere figurine and do not reflect the real height, weight, colour, texture etc. of a person. The Statues are approximations and not to exact measurement.

2. Payment Pricing:

The prices displayed on the website are indicative in nature. The price calculated by CloneMe includes the cost of designing, the cost for manufacturing of the product and the shipment of the product, as well as the taxes applicable. There is no insurance for the product. Any other duties and taxes applicable if any, other than what is mentioned in the invoice, shall be borne by you. The price is computed in Indian Rupees and the payment shall also be made in Indian Rupees. CloneMe retains full legal title to products until it has received in full all amounts due on those products and payment on any other products that you have ordered.
You can initiate the payment for your Order by way of credit card or Bank transfer or through PayU. The creation of your Statue shall begin only on confirmation of receipt of the funds in the Bank account of Clone Me or on receipt of the authorisation confirmation from your credit card.

3. Acceptance and Term of Delivery:

We will send you the confirmation of your Order at your registered email id. The order confirmation will be effective as on the date on which the order confirmation is sent to you. It is your responsibility to verify the details of the confirmation email and inform us of any discrepancy within the stipulated period therein, by way of email to our customer service.

The tentative period of delivery would be indicated in the order confirmation. The status of your order can be tracked through our website or if you choose so via email notifications including date of acceptance of the order, produced, dispatched, delivered etc. Any shipping and delivery dates given by us are best estimates and we are not liable for any delay caused in shipping or delivery.

4. Shipping:

Your Order will be delivered to your stated shipping address. Clone Me uses its discretion in selecting a reputable carrier and appropriate means of delivery. All transit risks are to be borne by you, though we would be taking appropriate care to avoid all untoward incidents of damage, if any.

5. Inspection Returns Replacements Refunds:

As the customised Products are made immediately on the basis of your specifications, there is no right to return or possibility for cancelling or refunding any amount on your Order , once you confirm your Order. Upon delivery of the product, CloneMe expects that you submit the product to a thorough inspection. If, upon inspection, you feel that the product is not in conformity with the order, you should contact us as soon as possible within 5 days of receipt of the product. In the case that CloneMe do not get any revert on non-conformity of the Order, no liability would exist for the possible consequences of the usage of this product. You should not return products without having received an explicit request from CloneMe to do so. CloneMe reserves the right to revoke and/or modify (part of) a quotation and/or order confirmation for technical reasons. The liability of CloneMe would however, be limited to the price of the product directly related to the reason of the claim. CloneMe does not accept responsibility for any errors or problems that may arise through the use of Internet communication and all risks connected with sending commercially sensitive information relating to your business are borne by you.

E. Modifications in Services

All features, content, specifications of Services, sizes mentioned, described or depicted on this website are subject to change without notice. The inclusion of any Service on this website at a particular time does not imply or warrant that such Service will be available at all the time.

F. Intellectual Property:

The Service contains material that is protected under The Copy Right Act, 1957 and The Trademark Act, 1999. You are prohibited from modifying, copying, reproducing, posting, publishing, distributing or transmitting any material including the code and software from the Service. You may use the Service for personal, non-commercial use only.

The contents, graphics, text, images, video, design, compilation, advertising and other materials of the Service including and without limitation the website are protected under the applicable Intellectual Property Laws and other applicable laws in this regard, of India, and therefore are the property of CloneMe. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

You further agree not to disrupt, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You shall also not gain access to the servers of CloneMe by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on CloneMe website or service any materials that violate another party's intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, in accordance with the applicable law in India, you may notify the same as provided under clause hereunder.

G. Intellectual Property Rights of 3D Designs:

You hereby do and grant us a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Applications, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website, the Applications or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and grant each user of the Website, the Applications, or the Services a non-exclusive license to access the content designed by you through the Website, the Applications or the Services, and share such content on blogs and social media, provided such sharing prominently links back to the model page on the CloneMe site and is not done on a site that competes directly or indirectly with CloneMe services. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

Further, by uploading your 3D Model to the website/ sharing with us your 3D Model to us, you grant CloneMe a non-exclusive, royalty free, worldwide, transferable, and sub- licensable right and license (i) to use your 3D Model for the manufacturing of your 3D Model in order to fulfill your order; (ii) if you offer your 3D Model for sale through CloneMe, to use your 3D Model for the manufacturing of your 3D model in order to fulfill orders of your 3D Model made through CloneMe; (iii) to generate and display 3D renders of your 3D Model; and (iv) to use the 3D Model as necessary for the operation, marketing, advertizing and maintenance of CloneMe Services including without limitation for the internal testing and educational purposes of CloneMe.

H. Linking to other websites:

You acknowledge that CloneMe has not reviewed and does not endorse the content of all websites linked to from this Service and is not responsible for the content or actions of any other websites linked to or from this Service. Linking to any other service or website is at your sole risk. By linking this Service to another service or website, you expressly agree to the disclosure of User Content permitted by or required to support such linking. You acknowledge that the Service may include advertisements and that CloneMe is not responsible for the content of such advertisements.

I. User Responsibility:

You are solely responsible for the profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, "post") on or through the Service, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. Any content that is found violating this user Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others shall be deleted at the sole discretion of CloneMe.

When the User Content is posted to the Service, you authorize and direct us to use and disclose the User Content as necessary to provide the Service and to make such copies thereof as we deem necessary in order to facilitate the transmission, posting and storage of the User Content on the Service. You may remove your User Content from the Service at any time, but you acknowledge that CloneMe may not be able to and has no obligation to restrict any use by any other person, including other users, and the authority that you have granted by providing such information remains in effect. CloneMe do not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this User Agreement and the terms as stated above, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

Notwithstanding anything contained hereinabove, if you provide CloneMe with your feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports, or any similar or related information (collectively referred to as Feedback"), you agree that:

any and all right, title and interest to such Feedback shall become the exclusive property of CloneMe;
CloneMe shall be able to use and share such Feedback without your consent;
CloneMe owes you no obligation or compensation whatsoever regarding the Feedback;

Further, the User shall not upload, publish or display through the Services or share with other users any content or links thereto, or otherwise engage in any activity which:
promotes any kind of discriminatory material, racism, bigotry, hatred or physical harm of any kind against any group or individuals, abusive, obscene, profane, offensive, vulgar, hateful, or otherwise objectionable, fraudulent, invasive of privacy; or
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, of the minor's legal guardian); or
promotes or enables illegal or any unlawful activities.

J. Complaints on Copy Rights:

If you believe that any material on the Service infringes upon any copyright which you own or control, in accordance with The Copy Right Act, 1957, you may send a written notification of such infringement to us at:
3dfication Printing Services LLP
3rd Floor, 162, Hansa Pratik, 6th Cross
Gandhinagar, Bangalore, Karnataka 560 009
Email: info@cloneme.in

K. Indemnification:

You agree to indemnify CloneMe and its affiliates, employees, agents, representatives and third party Service Providers, and to defend and hold each of them harmless, from any and all claims and liabilities, which may arise from your exercising, submissions, of your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.

L. DISCLAIMER AND LIMITATION OF LIABILITY:

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", AND CLONEME, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON- INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.

CLONEME, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE ACCURACY OF ALL INFORMATION PROVIDED TO THE SERVICE AND CLONEME SHALL UNDERTAKE NO RESPONSIBILITY FOR DAMAGES CAUSED BY THE INCLUSION OF ERRONEOUS, INCOMPLETE OR OUTDATED INFORMATION.AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND OUR DIRECT CONTROL. CLONEME SHALL NOT BE HELD RESPONSIBLE AND LIABLE FOR ANY ACTS OF YOURS TANTAMOUNITNG TO BE UNLAWFUL OR UNETHICAL OR AGAINST THE NATIONAL INTEREST. THE LIABILITY OF CLONEME VIS-À-VIS YOU FOR REAL AND PROVEN DAMAGE WILL, REGARDLESS THE GRAVITY OF THE FAILURE, BE LIMITED TO THE PRICE OF THE PRODUCT DIRECTLY RELATED TO THE REASON OF THE CLAIM.

YOU HEREBY AGREE TO INDEMNIFY AND MAKE FREECLONEME, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE.

YOU VERY WELL UNDERSTAND AND APPRECIATE THAT, UNLESS OTHERWISE STATED IN THE DESCRIPTION FOR A SPECIFIC METERIAL, THE MATERIALS WE USE FOR MANUFACTURING THE 3D MODELS MAKE THE 3D MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE 3D MODELS ARE NOT SUITED TO BE USED AS TOYS, OR TO BE GIVEN TO CHILDREN. THE 3D MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT. YOU UNDERSTAND THAT THE 3D MODELS ARE MERE FIGURINE AND DO NOT REFLECT THE REAL HEIGHT, WEIGHT, COLOUR, TEXTURE ETC. OF A PERSON. THE STATUES ARE APPROXIMATIONS AND NOT TO EXACT MEASUREMENTS. YOU INDEMNIFY US OF ANY LIABILITIES THAT MAY INCUR IN THIS REGARD.

M. Dispute Resolution & Jurisdiction:

In case of any disputes between you and CloneMe, we shall ensure for a fast resolution. If, at any time, any dispute, doubt or question shall arise between you and CloneMe or their representatives, either on the construction of these presents or any of the aforesaid matters or any other matter or thing arising, directly or indirectly, under this Agreement, then and in such event, the same shall be referred to Arbitration and the final decision of a single Arbitrator, to be mutually agreed between the parties, who alone shall consider and determine the same and whose certificate or award shall be binding and conclusive upon both the parties, otherwise two Arbitrators, one to be appointed by each party who will appoint an Umpire at the commencement of the proceedings and this clause shall be deemed a submission within the meaning of the Arbitration and Conciliation Act, 1996 or statutory modification or re-enactment thereof.

The Courts of Bangalore, Karnataka shall have the exclusive jurisdiction in respect of any matters arising from the use of Services offered by CloneMe or under this Agreement.

N. Updates to Terms of Use:

We may update this Terms of Use to reflect changes to our information practices. If we change our Terms & Conditions, we will post those changes to this Terms of Use and change the "last revised" date. If we make any material changes, notice of the changes will be posted along with the revised Terms of Use. We encourage you to periodically review this page for the latest information on our practices.

O. General

The Terms of Use and other rules, guidelines and disclaimers posted via the website, or in connection with the Services, constitute the entire agreement between Company and you with respect to your access to or use of the website and the Services, superseding any prior agreements between you and us on such subject matter (including any prior versions of the Terms of Use). You may also be subject to additional terms and conditions that may apply when you use other third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without our prior written consent. If for any reason a Court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

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