1) Acceptance of Terms
Welcome to TMCARDS (The TMCard 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, 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:TMCARDS, 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, TMCARDS 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:
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:
You understand that the technical processing and operation of the Site, including your Content, may involve
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.
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
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
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:
6) APPLICABLE LAW
These terms and conditions and the relationship between the client and TMCards 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 TMCards company 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.
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
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?
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.