Terms and Conditions

Acceptance of Terms & Conditions

Thank you for visiting www.customware.in ("Site"). Please read these Terms and Conditions ("Terms") carefully. In these Terms, the term "you", "your" refers to the user or viewer of the Site and the terms "Customware", "our", "us", "we" refer to Runu International, a Proprietorship firm incorporated under the laws of India and includes its affiliates.

These Terms govern your access and use of this Site, which is hosted by Runu International, a firm with its registered office at No 81, Anniah Reddy Industrial Area, Vijinapura, Old Madras Road, Bangalore 560016.

By accessing and/or using this Site, you confirm that you are competent to contract under the relevant local laws and that you agree to be bound by these Terms and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms.

Customware reserves the right to make changes to the Site and/or update these Terms at its discretion at any time without prior notice. Any change or modification to the Terms will be effective from the date of such update on the Site. Your continued use of the Site following the modifications to the Terms constitutes your acceptance of the modified Terms.

You further agree that we may provide all legal communications and notices to you electronically by posting them on our Site or, at our election, by sending an e-mail to the e-mail address provided by you to us when you registered on our Site. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

Eligibility to Use

Use of the Site is available only to such persons who can legally contract under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. shall not be eligible to use the Site.

Any minor desirous to use or transact on the Site is required to conduct such transaction only through their legal guardian or parents.

By accepting the Terms or using or transacting on the Site, you irrevocably declare and undertake that you are of legal age, i.e., 18 years or older, of sound mind, and capable of entering a binding contract and such usage shall be deemed to form a contract between the Site and such User to the extent permissible under applicable laws.

Intellectual Property Rights

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, video, audio, music, software tools, stock images and footage from stock providers and other information (referred to herein as "Customware Content"). This Site and all Customware Content are the intellectual property of Customware and/or its licensors. All rights in this Site and Customware Content are reserved worldwide.

It is strictly prohibited to sell, license, rent, modify, retain, copy, reproduce, distribute, publish, or use any portion of the Customware Content except to the extent expressly allowed in these Terms. Customware reserves the right to add to, delete from, or modify any part of Customware Content at any time without prior notice.

You acknowledge that such an act may result in you losing access to any Customware Content saved by you or otherwise accessible by you by virtue of being registered on the Site, including any content uploaded by you for creating any Product to be ordered from Customware. Any modifications to Customware Content remain the property of Customware and/or its licensors.

Except as otherwise provided for in the Product offer itself, the logo design tools and services provided on this Site employ a limited number of elements, including icons, fonts, colour schemes, and design effects. Customware reserves the right to use all such elements and to make all such elements available for use by other parties in the future.

You agree to access and use the Site, the Customware Content and logo design tools strictly in accordance with these Terms. You acknowledge that by virtue of your creating an account with us and/or using and/or accessing the Site, the Customware Content, and/or the design tools, you do not obtain any right or claim to any of the individual logo design elements available on the Site, through your creation of a logo design and/or your incorporation of a template logo design as available on the Site into one or more products which you order from Customware.

You are aware and acknowledge that other Customware customers may use the same logo design tools and the template logo designs as available on the Site to create designs, logos or other products incorporating such designs and/or logos that have similar or identical combinations of these elements and Customware does not guarantee that your logo will not have similarities to logos designed and used by other parties.

Customware provides no warranty of any kind that logo designs created by you using the design tools will not infringe, or be subject to a claim of infringing, any trademark, or other intellectual property rights of another party. It is solely your responsibility to obtain independent legal advice regarding whether the logo design created by you on Customware is legally available for your use and does not infringe the rights of another party. Customware shall have no liability to you in this regard.

Use of Site

Before you can place an order online or use certain of the services or features offered on this Site, you will need a Vista account. We provide a single sign-on functionality, which allows us to offer features such as the ability to use your log-in credentials across Customware, VistaCreate and 99design by Vista. Please read our Vista Account Terms.

By reason of your agreeing to these Terms and registering for a Vista account, you are granted permission to access and use this Site and Customware Content, including the logo design tool as available on the Site for the sole purpose of preparing, creating, designing, evaluating, and ordering products or services solely through Customware (referred to herein as "Products"). No other download, retention, use, publication, or distribution of any portion of the Customware Content is authorised or permitted.

Obtaining Products from Customware does not entitle you to use any portion of Customware Content apart from the finished Products as they are supplied by Customware.

You represent, warrant and confirm that where the Products contain any text, image, design, trademark, service mark, or any copyrighted work of any third party you have obtained appropriate permission, consent, no-objection, authorisation from such third party for such use before ordering the Products and shall provide a copy of such permission, consent, no-objection, authorisation to Customware upon a request being made by Customware in this regard.

You further represent, warrant and confirm to Customware that the Products ordered by you and made and printed for you by Customware do not infringe upon any rights of any third party, including copyright, trademark, tradename, right of publicity or privacy, and shall not cause libel, defame, abuse, harass, stalk, threaten or violate the legal right of any third party.

You agree not to submit, upload, or request printing of any content or design associated with government bodies, public authorities, banks, financial institutions, or other regulated or protected entities. You further agree that you will not publish, produce, post, upload, distribute or disseminate any inappropriate, profane, defamatory, hateful, infringing, obscene, indecent, or unlawful topic, name, material or information.

By placing an order on this Site, you warrant that you have obtained all the necessary permission, consent, no-objection, authorisation, right and authority to place the order for the Products and you authorise Customware to produce the Products on your behalf.

You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. Customware reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send.

You agree to use this Site in a responsible manner that is in full compliance with these Terms and with your local laws and regulations, including export and import regulations.

You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libellous, threatening, harmful, obscene, malicious, or otherwise objectionable. Customware reserves the right, in Customware's sole discretion and without prior notice, to refuse to accept, or maintain any images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, audio, video, music, fonts, blog posts, trademarks, service marks, or other content uploaded or otherwise provided by you to Customware ("User Content") or to process any order at any time and without assigning any reason.

Customware also may terminate its service to and/or the accounts of customers found to be using Customware to engage in undesirable activities or otherwise violating these Terms.

You are solely responsible for your use of Customware Content in combination with any User Content you incorporate into your Products.

Customware makes no representations concerning any content posted or produced by others through the Site. Customware is not responsible for anything produced on the Site or by using the tools available on the Site, including but not limited to the accuracy, copyright compliance, legality, or decency of content produced by you through the Site. You release us from all liability relating or arising out of that content created by you and/or made by Customware pursuant to an order placed by you on the Site.

You agree to not create any content or order any Product displaying any content which is (i) in violation of the Emblems and Names (Prevention of Improper Use) Act, 1950, and the rules, schemes, guidelines issued thereunder, or (ii) showing a person to be a representative of a constituency as referred to in The Representation of the People Act, 1951, or any authority referred to thereunder. You alone shall be responsible for any liability arising out of such content or Product.

In the circumstance where Customware suspects your use of the Site and/or the Customware Content thereof or User Content to be unlawful, then notwithstanding any other rights available to Customware under these Terms and in law, Customware may report such suspected unlawful activity to law enforcement officials, and/or the relevant regulatory authority, and disclose such information relating to your Vista account, as may be necessary or called upon by such officials or authority including information relating to the email address(es) provided by you, contact details, usage history, posted materials, IP addresses and traffic information.

Taxes

You agree to pay GST or other similar taxes, whether international, national, state, or local, however designated, which are levied or imposed or may be levied or imposed, with respect to any Product ordered by you on the Site. You shall also be responsible and liable for any fees, including lawyer and collection fees, that Customware may incur in its efforts to collect any remaining balances due from you. This Section shall in no way limit any other remedies available to Customware at law or in equity.

You agree to mention the GST registration number and Entity Name, if applicable. You shall ensure that the GST registration number and the Entity Name, if applicable, correspond to the billing address provided, as no change in the said details will be allowed once the order is placed.

You further acknowledge that Customware will not be responsible for verification of the GST registration number and the Entity Name, if applicable. Any tax liability arising consequent to non-compliance of law or due to furnishing of incorrect GST registration number and the Entity name, if applicable, shall be borne by You.

In the event you fail to furnish the GST registration number at the time of placing the order, you shall be treated as "unregistered". In such circumstances, you may not be able to avail any input tax credit. You are advised to independently assess your tax liability in such circumstances.

In any case, the liability of Customware under GST would be limited to the amount of tax charged by Customware.

Indemnification

You agree that you shall indemnify Customware, our Customware Affiliates, our and their directors, officers, employees and agents, and all parties from whom Customware has licensed portions of Customware Content, and their respective directors, officers, employees, contractors, agents, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms or any applicable laws; (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material that was not part of the Customware Content and that you uploaded or otherwise provided to Customware or incorporated into Products.

Customware reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Customware. Customware will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimer of Warranty

THE SITE AND CUSTOMWARE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR-FREE.

WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract ("consumer guarantees"), or only limited in certain circumstances, and nothing in these Terms alters those consumer guarantees if applicable to you. Nothing contained in these Terms shall be illegal or voidable by reason of containing any provision which could be interpreted as limiting any of the consumer guarantees available to you.

If those consumer guarantees apply to you, and Customware cannot legally exclude any consumer guarantees, then to the maximum extent permitted by law, Customware: (1) excludes or limits those consumer guarantees; and (2) limits its liability at the option of Customware to the following: (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; (b) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.

If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days.

Certain circumstances are beyond Customware's control and may not be covered by the Satisfaction Guarantee. Please note that Customware shall not be responsible for: spelling, punctuation or grammatical errors made by you, inferior quality or low-resolution of uploaded images, design errors introduced by you in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the Products arising after delivery to you. Please preview your designs carefully and correct any mistakes and satisfy yourself before placing your order. Customware does not proofread documents created by its users before processing any Product.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CUSTOMWARE OR ITS LICENSORS, SUPPLIERS, OR VENDORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CUSTOMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM CUSTOMWARE OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE.

IN NO EVENT SHALL CUSTOMWARE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT OR OUR SUPPLIED PRODUCTS OR SERVICES.

IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTION, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Site Feedback

Any comments, suggestions, proposals, or other feedback (collectively "Feedback") provided to Customware in connection with the operation or content of this Site or any of our offered and/or supplied Products shall be provided by you and received by Customware on a non-confidential basis. All such Feedback shall become the exclusive property of Customware.

By submitting any such Feedback to Customware, you agree that you are transferring and assigning, at no charge, all your right, title, and interest in the Feedback, including all copyrights and other intellectual property rights. You agree that Customware shall be free to use such Feedback on an unrestricted basis.

Grievance/Nodal/Compliance Officer

Grievance/Nodal/Compliance Officer: Somprakash De

Email: info@customware.in

Customer Care Number: 8277498158

Dispute Resolution

At Customware, we are committed towards ensuring that disputes between the Parties are settled amicably by way of the dispute resolution mechanisms and procedures.

You may reach out to our customer support at +91 8277498158 (Monday to Friday) from 9:00 a.m. to 9:00 pm and on Saturday & Sunday from 9:00 a.m. to 6:00 p.m. (Indian Standard Time).

In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 30 (Thirty) calendar days, gives a notice to this effect, to the other party in writing.

Governing Law

All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of India. All other matters relating to your access to, or use of this Site shall be governed by the laws of India.

Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Bangalore, India. The courts in Bangalore shall have exclusive jurisdiction in respect of any matters arising here from. You agree to submit to the jurisdiction of the courts of Bangalore, India and agree that venue in these courts is proper in any such legal action or proceeding.