Terms and Conditions

The customer terms and conditions (“T&Cs”) shall apply to Your access to, and use of Our Website www.pixylz.com (“Website”) and Our mobile application Pixylz (“Mobile App”). The above Website / Mobile App with the brand name Pixylz is owned and operated by App Street Software Private Limited, a company registered under the Companies Act 1956 and having its registered office at 1855, Gali Wazir Singh, Chuna Mandi, Pahar Ganj, New Delhi 110 055.

For the purpose of these T&Cs, wherever the context so requires “You”, “Your”, “User” shall mean any natural or legal person who visits Our Website / Mobile App, either just for the purpose of browsing the Website / Mobile App or engages to buy Our Services. The term “We”, “Us”, “Our” shall mean App Street Software Pvt Ltd. Or Pixylz. “User” and “We” are hereinafter collectively referred to as “Parties” and individually as “Party”.

WHEREAS, this document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable in India. This electronic record is generated by a computer system and does not require any physical or digital signatures. WHEREAS, Your access to, and use of the Website / Mobile App means You are consenting to be bound by these T&Cs for use and access of the Website / Mobile App. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE WEBSITE / MOBILE APP, BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If You do not accept any of these T&Cs, then please don’t use the Website / Mobile App or avail any of the Services being provided therein. By accepting these T&Cs, You also allow Us to send You promotional emails and SMS alerts.

WHEREAS, these T&Cs shall apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. If these T&Cs are considered an offer, acceptance is expressly limited to these T&Cs. Any new features or tools which are added to the current store shall also be subject to the T&Cs. You can review the most current version of the T&Cs at any time on this page. We reserve the right to update, change or replace any part of these T&Cs by posting updates and/or changes to Our Website / Mobile App. It is solely Your responsibility to check this page periodically for changes. Your continued use of or access to the Website / Mobile App following the posting of any changes constitutes acceptance of those changes.

  1. INTERPRETATION

    1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.

    2. Headings and captions are used for convenience only and will not affect the interpretation of these T&Cs.

    3. Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person or legal entity unless repugnant to the context, include its affiliates, successors and permitted assignees.

  2. GENERAL CONDITIONS

    1. You will be “Eligible” to use Our Services only if You have attained at least 18 (eighteen) years of age and You are competent to enter into a contract under the Applicable Laws. If You are not Eligible as per above, please immediately abandon any and all attempts to register with Us and/or use Our Services. You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Website / Mobile App is not Eligible to use the same.

    2. You shall not use Our Services for any illegal or unauthorized purpose nor shall You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the T&Cs will result in an immediate termination of the Services.


    3. We reserve the right to refuse Services/any of Services to anyone with or without assigning any reason at any time. We also reserve the rights to decide the method and manner for the execution of Your order. You understand that Your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices for successful execution of Your order. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website / Mobile App through which the Service is provided, without explicit written permission by Us.


  3. MODIFICATIONS TO THE SERVICE AND PRICES

    1. Prices for Our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service in any manner whatsoever. It shall be Your responsibility to check the Website / Mobile App for any such changes / updates


  4. PRODUCTS OR SERVICES

    1. Certain Products or Services may be available exclusively online through the Website / Mobile App. These Products or Services may have limited quantities and are subject to return or exchange only according to Our Return Policy. We reserve the right, but are not obligated, to limit the sales of Our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Our Products or Services and their corresponding pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this site is void where prohibited. We do not warrant neither express nor implied that the quality of any products, services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.

    2. You are solely responsible for choosing the right or appropriate image sizes for Your order, the guidelines of image size provided in Our Website / Mobile App are suggestive only.

    3. We do not warrant that Your use of the Website / Mobile App or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Website / Mobile App will be corrected, or that the Website / Mobile App is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Website / Mobile App or Services.


  5. REGISTRATION, OPENING, TERMINATION AND EXPIRY OF ACCOUNT

    1. You understand and acknowledge that You can register on the Application only after complying with the requirements of Clause 2 and through a valid Phone Number / Email ID. You will be required to enter Your Phone Number / Email ID in the Application following which an OTP would be sent to Your Phone Number / Email ID. Upon receipt of the OTP on Your Phone Number / Email ID, You shall be required to enter the OTP within 15 minutes of receiving the OTP in order to complete the aforesaid verification process. In the event of Your failure to enter the OTP within the above mentioned timeline, the same would lapse and You will have to repeat the process. Upon completion of the verification process, Your account will be activated through which You can avail the Services offered on the Application. You shall not provide account information, an email address or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You. In the event of any change in the said Registration Data, You agree to promptly update Your Registration Data on the Account so as to ensure that the communication We intend to send to You is promptly delivered to You and is not sent to any other entity/third party. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason as We deem fit. We allow You to open only one Account in respect of one Phone Number / Email ID. You will not assign or otherwise transfer Your Account to any third party. In case of any unauthorized use of Your Account, You are to bring the same to Our notice promptly. In case, You are unable to access Your Account, please immediately inform Us at support@pixylz.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account, except in case of Force Majeure events which are beyond Our reasonable control.

    2. You will be able to place an order directly through the Website / Mobile App. While making the payment for completing an order, We may direct You to third-party payment gateways.

    3. We reserve the right to refuse any order You place with Us without assigning any reasons. We may, at Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at Our store.

    4. We reserve the right to modify, terminate or suspend the Services to You at any time, without prior notice, due to any changes in Our internal policy or the Applicable Laws or any breach of these T&Cs by You, or for any reason whatsoever. You can exit Your account using the Application and/or terminate Your Account by submitting a request to Us at support@pixylz.com. We will make every effort to respond to Your request for termination at the earliest, You will remain responsible for all transactions that occurred prior to termination of Your Account.

  6. OPTIONAL TOOLS

    1. We may provide You with access to third-party tools which are different payment gateways over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

    2. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. Any use by You of optional tools offered through the site is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website / Mobile App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these T&Cs.

  7. THIRD-PARTY LINKS

    1. Certain content, products and services available via Our Service may include materials from third- parties. Third-party links on this site may direct You to third-party Website / Mobile App that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or Website / Mobile App, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Website / Mobile App. Your reference to and use of the same, shall be solely at Your risk.

    2. Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  8. PERSONAL INFORMATION

    1. Your submission of personal information through the Website / Mobile App is governed by Our Privacy Policy. View Our Privacy Policy.

  9. ERRORS, INACCURACIES AND OMISSIONS

    1. Occasionally there may be information on Our Website / Mobile App or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related Website / Mobile App is inaccurate at any time without prior notice (including after You have submitted Your order). We undertake no obligation to update, amend or clarify information in the Service or on any related Website / Mobile App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website / Mobile App, should be taken to indicate that all information in the Service or on any related Website / Mobile App has been modified or updated.

  10. PROPRIETARY RIGHTS

    1. All materials on the Website / Mobile App, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by App Street Software Pvt. Ltd.You acknowledge and agree that all Material on the Website / Mobile App is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in the Website / Mobile App, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without express written permission of Us. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the App or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

    2. The Website / Mobile App may not be used in connection with any commercial purposes, except as specifically approved by Us in writing.

    3. You may use information on Our Services that has been made available by Us for downloading from the Website / Mobile App, provided You: do not remove any proprietary notice language in all copies of such documents/ information; or use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or make no modifications to any such information; or do not make any additional representations or warranties relating to such documents/ information.

    4. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Website / Mobile App and all rights therein are reserved to the registered owners of those trademarks.

    5. You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by use of the Website / Mobile App.

    6. You shall be responsible for any notes, messages, e-mails, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted by You on the Website / Mobile App (“Posted Content”). Unless excluded by Privacy Policy, We shall be entitled to use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media, whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by Us in the manner that We deem fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by Us. We takes no responsibility and assumes no liability for the Posted Content that You or any other user or third party creates, stores, shares, posts or sends through the Website / Mobile App. You shall be solely responsible for Your Posted Content and the consequences of posting, publishing it, or sharing it and You agree that We are only acting as a passive conduit for Your online distribution and publication of Your Posted Content. Notwithstanding anything contained in these T&Cs, if Your Posted Content violates these T&Cs, You shall bear all legal responsibility and obligation for that content.

  11. PROHIBITED USE

    1. In addition to other prohibitions as set forth in the T&Cs, You are prohibited from using the Website / Mobile App or its content (including but not limited to ): (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing another user, the same being qualified to include behaviour termed as “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986,; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website / Mobile App, other Website / Mobile App, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose, hatred or physical harm of any kind against any group or individual ; or (k) to interfere with or circumvent the security features of the service or any related Website / Mobile App, other Website / Mobile App, or the Internet.

    2. Prohibited acts for the safety and security of the Website / Mobile App as well as of its users (including but not limited to ): (a) You shall not take any action that imposes, or may impose, at Our sole discretion, an unreasonable or disproportionately large load on Our infrastructure; (b) You shall not collect or harvest any personally identifiable information, including account names, from the Website / Mobile App; (c) You shall not bypass the measures We may use to prevent or restrict access to the Website / Mobile App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website / Mobile App or the content therein; (d) You shall not reverse engineer, decompile and disassemble any software used to provide the Services.

    3. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website / Mobile App) as necessary to satisfy the Applicable Law, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena or in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

    4. We reserve the right, but have no obligation, to monitor the materials posted on the Website / Mobile App. We shall have the right to remove or edit any Content that in Our sole discretion violates, or is alleged to violate, any Applicable Law or the spirit or letter of these T&Cs. Notwithstanding, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE / MOBILE APP AND IN YOUR PRIVATE MESSAGES.

    5. We shall have all the rights to take necessary action (including right to terminate) and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in violation to above Prohibited act or breach of the T&Cs.

  12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    1. We do not guarantee, represent or warrant that Your use of Our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time We may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You. You expressly agree that Your use of, or inability to use, the service is at Your sole risk. The service and all products and services delivered to You through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT. In no case shall We, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the service or any products procured using the service, or for any other claim related in any way to Your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OUR ARISING OUT OF YOUR USE OF THE WEBSITE / MOBILE APP AND SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED INR 500/- (RUPEES FIVE HUNDRED ONLY).

  13. INDEMNIFICATION

    1. You agree to indemnify, defend and hold harmless Us and each of our affiliates(and its respective officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees), from and against any and all claims, costs, losses, damages, judgements, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of or relates to: the use or misuse of Services, Website / Mobile App or any violation of these T&Cs.

  14. FORCE MAJEURE

    1. We shall not be liable for any failure to perform any obligations under this T&Cs, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Us.

  15. SEVERABILITY & WAIVER

    1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

    2. Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

  16. GOVERNING LAW & DISPUTE RESOLUTION

    1. These T&Cs shall be governed by and construed in all respects in accordance with the laws of India. All claims or differences or other disputes, which arise out of or in connection with these T&Cs, which cannot be amicably settled by mutual discussion and consultation within 30 days from the date of its arising, shall be referred to Arbitration under the Indian Arbitration & Conciliation Act, 1996 and the Rules framed there under, for the time being in force or any statutory modification or re-enactment thereof. Each Party shall be entitled to appoint one Arbitrator and the two appointed Arbitrator shall appoint a third Arbitrator. In the event of Your failure to appoint an Arbitrator within 15 days of Notice given by Us, We will appoint a sole Arbitrator who shall adjudicate upon the dispute and upon following the required procedure, shall pass an Award. The decision of the sole arbitrator/majority of the arbitrators (as the case may be) shall be final and binding on the Parties. The Arbitration proceedings shall be conducted in English and the venue shall be DELHI. The Arbitral Award shall be the exclusive remedy of the Parties for all claims, counterclaims, issues or accounting presented to the Arbitrator (s).

    2. Subject to the above Arbitration clause, the competent Courts at DELHI shall have exclusive jurisdiction over this Agreement.

  17. CANCELLATION AND REFUND POLICY

    1. The cancellation of any order made by You should be done within 1 (One) hour of placing the order. Any cancellation made after such period of 1 hour shall not be entertained and We shall be entitled to receive the entire amount of the order placed by You.

    2. We are sure You would love Our prints. In case You were not happy with Your Pixylz order, please let Us know at support@pixylz.com within 48hrs of delivery of the Order. You will be required to share the detailed reasons of why You were unsatisfied, pictures of the defective/problematic Product or Service etc for Us to process Your refund request. This should be completed within 15 days from the date of delivery. Pixylz reserves the right to refund the entire amount for the order after detailed examination of the said defect/problem. Any refund amount shall be credited back to the same bank account / credit card / debit card which was used initially while placing the order.

    3. If the package received by You looks tampered/not in good condition, You should not receive the package and reach out to us at support@pixylz.com immediately. Any claims of tampered/broken product received due to mishandling during shipping will not be entertained after successful delivery.

  18. Miscellaneous provisions

    1. We reserves the right to amend these T&Cs at any time and without notice, and it is solely Your responsibility to review these T&Cs for any changes. Your use of the Website / Mobile App following any amendment of these T&Cs will signify Your assent to and acceptance of revised T&Cs.

    2. In case of any grievance arising from the use of the Website / Mobile App, please contact the Grievance Officer within 24 hours and the same shall be redressed within 72 hours from receipt of such complaint.

    3. Any required communication/ notice/ complaint to be send directly by email at support@pixylz.com or by courier/ post mail at App Street Software Pvt. Ltd. Unit no. 470, Tower B1, Spaze ITech Park, Sector 49, Gurgaon - 122 018 India.

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