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User Agreement
1) Acceptance
of Terms
Welcome to TMCARDS ("The TM Playing Card Manufacturing Company")! TMCARDS provides its website and related services ("Site") to you subject to the following User Agreement ("Agreement"), which may be updated from time to time without notice to you. Your continued use of the TMCARDS Site after any such changes constitutes your acceptance of the new terms. If you have any questions about the Agreement, you may contact us at info@tmcards.com BY CONTINUING TO USE THE SITE, YOU ARE INDICATING
YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND
ALL REVISIONS THEREOF.
TMCARDS Cards
strives for 100% customer satisfaction for every order.
You are submitting a non-binding/no commitment enquiry to
which we will respond with a
non-binding quotation typically valid for 15 days but is subject to change due to
availability and fluctuating prices of raw materials. Jobs less than 1000 decks per run of
54 cards, would have variations that are beyond control since the jobs are printed on high
speed machines. Nevertheless there are stringent steps taken to control the same.
N.B:TM
CARDS DOT COM, strives, to deliver quality products to all
our clients in a committed time frame, if for some
unforeseen reasons a delay in delivery
occurs, and a cancellation is asked for, TM
CARDS DOT COM will not be held accountable for
more than 10% of the invoice value. We will nevertheless endeavor to make sure all material
manufactured by TMCARDS is defect free not withstanding the fact that defects can be
replaced but not refunded.
If you paid your deposit or balance by credit card, your card was charged immediately after you placed your order, so the order cannot be cancelled. All sales are final and playing cards are not returnable unless you received defective or incorrect items in which case you are required within 7 days of receipt to contact us explaining the situation, and a TMCARDS representative will contact you as quickly as possible.
You must obtain a Return Authorization Number in order to return an item and you must return such product(s) within 14 days of delivery -- the
representative will provide return instructions. We will replace defective goods as promptly as possible.
2) User Conduct
In using this Site, you agree to not:
a) Upload, download, post, email or otherwise transmit any
materials ("Content") including but not limited to
text, data, photos, graphics, etc. that are unlawful, harmful,
threatening, abusive, vulgar, harassing, defamatory, obscene,
pornographic, indecent, inflammatory, libelous, tortious,
hateful, or racially, ethnically or otherwise objectionable,
or invasive of another's rights including but not limited to
rights of celebrity, privacy and intellectual property.
b) Impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or
entity;
c) Upload, download, post, email or otherwise transmit any
Content that may infringe any patent, trademark, trade secret,
copyright or other intellectual or proprietary right of any
party. By uploading or downloading any Content, you represent
and warrant that you have the lawful right to reproduce and
distribute such Content;
d) Upload, download, post, email or otherwise transmit any
Content that would constitute or encourage a criminal offense,
violate the rights of any party, or that would otherwise
create liability or violate any local, state, national, or
international law;
e) Upload, download, post, email or otherwise transmit any
unsolicited or unauthorized advertising, promotional
materials, junk mail, spam, chain letters, or any other form
of solicitation;
f) Upload, download, post, email or otherwise transmit any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware
or telecommunications equipment;
g) Upload, download, post, email or otherwise transmit false
or misleading information;
h) Disrupt or interfere with the security of, or otherwise
abuse, the Site, or any services, system resources, accounts,
servers, or networks connected to or accessible through the
Site or affiliated or linked websites.
i) Access, tamper with or use non-public areas of the Site.
Unauthorized individuals attempting to access these areas of
the Site may be subject to prosecution;
j) Disrupt or interfere with any other user's enjoyment of the
Site or affiliated or linked websites.
k) Frame or link to the Site except as permitted in writing
by TMCARDS;
You acknowledge and agree that TMCARDS may preserve Content
and may also disclose Content if required to do so by law or
in the good faith belief that such preservation or disclosure
is reasonably necessary to: (i) comply with legal process; (ii)
enforce the Agreement; (iii) respond to claims that any Content
violates the rights of third-parties; or (iv) protect the rights,
property, or personal safety of TMCARDS, its users and the
public.
You understand that the technical processing and operation of
the Site, including your Content, may involve (i) transmissions
over various networks; and (ii) changes to conform and adapt
to technical requirements of connection networks or devices.
In addition, you agree that you are solely responsible for actions
and communications undertaken or transmitted under your account.
TMCARDS takes no responsibility and assumes no liability for
any Content uploaded or otherwise transmitted by or to you or
by or to any third-party, or for any mistakes, defamation, slander,
libel, omissions, falsehoods, infringement, obscenity, pornography
or profanity you or a third party may encounter. TMCARDS reserves
the right but not the obligation to remove any materials it
deems objectionable. You hereby agree to waive any claims against
TMCARDS and its affiliates, contractors, agents and employees
for loses, damages and injuries which are based on or relate
to communications or materials made available to the Site or
posted on the Site by persons other than TMCARDS or its affiliates.
You hereby agree to indemnify TMCARDS and its affiliates from
all claims and expenses, including reasonable attorney's fees,
which claims are based on or arise from your violation of any
of the provisions of this User Agreement.
3) Indemnity
You agree to defend, indemnify and hold TMCARDS and TMCARDS
officers, directors, employees and agents harmless from all
judgments, awards, losses, liabilities, costs and expenses,
including but not limited to reasonable attorney's fees, expert
witness fees, and costs of litigation arising out of or based
on (a) content you submit, post to or transmit through the Site,
(b) your use of the Site, (c) your connection to the Site, (d)
your violation of the Agreement or (e) your violation of any
rights of a third party.
4) DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR
SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS,
AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
TMCARDS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TMCARDS DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS
CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL
BE CORRECTED. YOU AGREE THAT TMCARDS SHALL HAVE NO RESPONSIBILITY
FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE
OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO
LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL,
ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL,
NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS
CAUSED BY THE NEGLIGENCE OF TMCARDS, ITS AFFILIATES, ITS LICENSORS,
OR A USER'S OWN ERRORS AND/OR OMISSIONS.
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL
CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED
FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND
AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT TMCARDS MAKES NO WARRANTY OR REPRESENTATION
THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS
SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM TMCARDS OR THROUGH
OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE AGREEMENT.
5) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES
INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL TM
CARDS OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES,
DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING TMCARDS
OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TMCARDS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING
TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH
JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
5) APPLICABLE LAW
These terms and conditions and the relationship between the client and www.tmcards.com services shall be governed by the laws of the State of Maharashtra India for all clients domestic or located outside the borders of India without regard to its conflict of law provisions. The client and www.tmcards.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Maharashtra Mumbai, India for domestic or clients that are located outside the borders of India.
PRIVACY POLICY
TMCARDS.COM
PRIVACY POLICY
TMCARDS values your
privacy, whether you just browse the TMCARDS Web Site
("Site"), use its freely-available services or purchase
products. We strive to make our privacy practices in keeping
with the highest standards on the Web, and we hope you'll
agree. This privacy policy describes the kinds of information
we collect, how we collect it and how we use it.
WHAT TYPES OF INFORMATION
DOES TMCARDS.COM COLLECT FROM ME?
Personally Identifiable Information. Personally identifiable
information is information that identifies you as an individual,
such as your name, mailing address, phone number, email address
("Personally Identifiable Information"). We may
collect Personally Identifiable Information from you when
you (a) make a purchase, (b) register to become a member,
(c) voluntarily provide it when you use the Site, (d) provide
it when you communicate with us.
Non-Personally Identifiable Information. Non-personally identifiable
information is information that does not identify you as an
individual ("Non-Personally Identifiable Information").
Non-Personally Identifiable Information includes information
such as your browser type, the URL of the previous Web site
you visited, the Web pages and advertisements you view or
select, and the types of services you use. Non-Personally
Identifiable Information also includes "Aggregate Information,"
which is described below in the section titled "How Do
We Use Non-Personally Identifiable Information?" We may
automatically collect certain types of Non-Personally Identifiable
Information from you when you use the Site. We may also collect
Non-Personally Identifiable Information from you that you
voluntarily provide (such as information included in response
to a questionnaire or survey) or post to a public area of
the Site (such as a message board or chat room).
HOW DO WE COLLECT INFORMATION?
Cookies. A cookie is a message that is sent to your browser
from a Web server and stored on your computer's hard drive.
Our cookies contain Personally Identifiable Information, such
as your email address. We use cookies only for the operation
of our Site.
IP Address. An IP address is a number that is assigned to
your computer automatically when you use the Internet. We
may collect IP addresses for the purposes of systems administration,
server problem diagnosis and to compile aggregate information
(such as how many visitors logged on to the Site). When you
visit a particular Web page on the Site, our servers log your
IP address.
HOW DO WE USE YOUR INFORMATION?
Personally Identifiable Information. In general, we will not
disclose your Personally Identifiable Information to third
parties without your permission. If you make a purchase, we
may use the Personally Identifiable Information you provide
for shipping and billing purposes only, unless you expressly
give us permission to use it for promotional and marketing
purposes. We may also use the Personally Identifiable Information
you provide to (a) administer and manage your account, (b)
help you track your order, (c) include you on mailing lists
and (c) advertise and promote our services. In addition, we
may disclose your Personally Identifiable Information when
we believe in good faith that it is required by any applicable
law or legal process, or if we believe we need to disclose
it to protect or enforce our rights or the rights of our members,
users, or other third parties. Without limitation of the foregoing,
we may disclose your information pursuant to our Intellectual
Property Rights Policy to a third party that alleges you have
infringed their intellectual property rights.
Non-Personally Identifiable Information. We may disclose Non-Personally
Identifiable Information in connection with improving the
services we offer and facilitating our marketing efforts.
In addition, we may combine your Non-Personally Identifiable
Information that relates to your use of the Site with that
of other users ("Aggregate Information") to determine
which areas of the Site are most popular, and how our services
are used. By collecting this Aggregate Information and analyzing
it, we can use it to improve the Site. We may disclose Aggregate
Information in connection with improving the services we offer
and facilitating our marketing efforts.
Acceptance of Privacy Policy.
If you use the Site, you are accepting the terms and conditions
of this Privacy Policy, and we will have the right to use
your information as described in this Privacy Policy. If you
do not agree to have your information used in any of the ways
described in this Privacy Policy, you must discontinue use
of the Site. We reserve the right to modify this Privacy Policy
at any time. Your continued use of the Site after we either
personally notify you or generally post such changes on the
site will constitute your acceptance of those changes. If
you have questions or concerns about this Privacy Policy,
please email us at info@tmcards.com
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