The Services (described below) offered by SHUTTERFLY SOLUTIONS PRIVATE LIMITED, (we), (us), or (our) are subject to the terms and conditions outlined in these Terms, which govern your access to and use of them. Before using the Services or accessing these Terms, please carefully read them. Our privacy policy, which can be found in (the "Privacy Policy"), and the Payment Partner's terms, which are defined herein, are included in these Terms. You agree to be bound by these Terms by accessing and using the Services, which creates a contractual relationship with Shutterfly Solutions. In the event that you don't consent to these Terms, you may not access or utilize the Administrations.
You represent and warrant that: (a) you are fully competent to accept and be bound by these Terms; (b) have reached the age of eighteen; (c) You reside in India; and (d) possess all necessary registrations, licenses, rights, and authority to enter into these Terms and Conditions. If you are acting on behalf of a company, organization, or other legal entity, you warrant that you are authorized to bind that company, organization, or legal entity to these Terms.
You will need to set up an account on the Platform with a username and password that are linked to your phone number and email address (“Account”) to use the Services.
You concur that you will execute sensible measures to tie down admittance to: (a) any device linked to the phone number or email address associated with your Platform Account; and (b) any device that is associated with the phone number or email address that is linked to your Platform Account;
Also, you are responsible for keeping your username and password, which you were given when you registered for an account. Any disclosure, unauthorized use, or other security breach involving your Account must be reported to us as soon as possible.
If we believe that you have violated any of the Terms, we reserve the right to disable any passwords or other unique codes that allow you to access the Platform or identify your actions there.
To prevent unauthorized use of your Account, you must ensure that you log out at the end of each session.
You explicitly concur and agree to be at risk and responsible for movements of every sort that happen through your Record. Unauthorized access, including but not limited to hacking and security breaches, can result in any unauthorized transaction, request for a refund, or dispute made through your Account. We will not be held responsible for any of these actions.
You consent to receive correspondence from us regarding
a) Simply put, we are a payment gateway company that provides services accessed at https://shutterflysolutions.com/. As a technology provider, the Shutterfly Solutions makes listing services possible, as well as logistics and payment services, education platforms, and other value-added services that can help you grow and expand your business.
b) Please be aware that neither you nor the goods or services offered on the Merchant Dashboard are endorsed by us.
c) Linking Our Platform Together:
(a) Shutterfly Solutions and the Payment Partner have collaborated to make it easier to make payments through the Platform. In addition to these Terms, the Payment Partner Terms will govern the payment processing. Shutterfly Solutions is not responsible for the Payment Partner's actions or inactions.
(b) You agree that the Payment Partner will settle all Transaction Amounts with you in accordance with the Payment Partner Terms.
(c) Please contact shutterflysolutionsprivatelimi@gmail.com if you or the customer have any questions, concerns, or complaints about the Payment Aggregation Services provided.
(a) Depending on the subscription plan you have purchased, you may not have access to all of the Services' features. Each Service or subscription plan has its own set of features, capabilities, and fees. In addition, you acknowledge that we reserve the right to enable or disable particular features on your behalf.
(b) You authorize us to collect subscription fees for the following subscription term(s) if the payment method you have selected for your subscription plan supports auto-renewal. In this case, the subscription fees will be paid on a regular basis. If you select auto-renew as your method of payment, please be aware that your subscription to the Services will be renewed consecutively for the terms you choose.
c) You acknowledge and agree that in order to comply with applicable laws, we may need to alter the Services. You might not be able to use all or some of the Services as a result of this. Due to our adherence to applicable laws, we will not be held liable to you for your inability to use the Services.
(a) Services, content, documents, and information that are owned by, licensed to, or otherwise made available by a third party (collectively "Third-Party Services") may be included in the Services, as may links to such services. You acknowledge that the use of Third-Party Services is entirely at your own risk and that the Third-Party Services are the responsibility of the third party that created or provided them.
(b) We make no portrayals and renounce all guarantees and liabilities emerging out of or relating to such Outsider Administrations, including their precision or culmination. The terms and conditions and privacy policies of the third parties providing the Third-Party Services will apply to you if you use a Third-Party Service. Additionally, the respective third parties own all intellectual property rights to Third-Party Services.
(a) You agree to allow us, our officers, employees, agents, advisors, auditors, and other professionals to (i) inspect and audit your records relating to goods and services provided on the Merchant Dashboard, your business in general, and any activities carried out in relation to the Services availed; (ii) Look for information, such as a copy of the license, proof of payment and delivery, business records, and other documents, among others; (iii) ensure your compliance with the covenants, standards, and conditions outlined in this agreement; and (iv) carry out audits at their discretion.
(b) In addition, you grant the Authorities permission to (i) monitor and inspect the arrangement both on and off-site in accordance with these Terms; (ii) to permit one or more of its officers, employees, or other individuals to inspect your books and accounts at any time, with or without notice, and you agree not to impede the Authorities in carrying out their supervisory responsibilities and goals.
(c) Shutterfly Solutions reserves the right to confirm the information and details you have provided. Shutterfly Solutions reserves the right to take legal action against you if such information is false, including but not limited to suspending your Platform Account. In addition, Shutterfly Solutions reserves the right to terminate your account in the event that you violate any Additional Terms, such as these Terms, or any other provision of these Terms and Conditions.
(d) You acknowledge that we reserve the right to observe and/or track your activities on the Platform and to report any activity that we believe is fraudulent, unauthorized, illegal, or in violation of the Terms in any way to any Authority.
(e) In addition, in the event that you misuse our Platform, we reserve the right to add a penalty fee to the costs of the investigation, operational handling, and legal consultation.
(a) By uploading or posting content to the Merchant Dashboard, you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license to copy, display, transmit, review, reproduce, store, and archive the content.
(b) You agree that, in addition to any consent you may have given following the Privacy Policy, we may obtain your credit score from credit information companies to assess your creditworthiness to provide you with our services.
(c) You acknowledge and agree that, if your account is closed, we may retain your personal information to the extent permitted by applicable law.
(d) If we deem it necessary to disclose such information to protect the interests of such a third party, we reserve the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights or their right to privacy.
Our Privacy Policy governs all data we collect to provide you with the Services.
You grant us permission to store and share backups with the Payment Partner as and when required by the Payment Partner for it to be able to offer the Payment Aggregation Services and with any Authority. This includes all data pertaining to the information that is available on the Merchant Dashboard, your Account, your use of the Shutterfly Solutions Services, and all electronic conversations with Customers, including conversations concerning their complaints.
To further improve the Platform's efficiency and the effectiveness of the Services, we may use information and data about how you use them for analytics, identifying trends, and statistical purposes.
The Platform tracks, organizes, and analyzes your Orders and use of the Platform based on your consent to provide you with various ancillary services. If you consent, we may share the Order and Transaction data with our affiliates. We may charge you a facilitation fee if we use your Order or Transaction information to identify and obtain appropriate ancillary services for you. In addition, you consent to this.
On the date you agree to these Terms, you represent and warrant that all information you provide on the Platform or in connection with the Services is accurate, complete, and current, and that it will continue to be accurate, complete, and current while you use the Services. If you provide incorrect, incomplete, inaccurate, or misleading information or data to use the Services, or if you fail to disclose any material fact, we disclaim any responsibility or liability for any loss or damage you may suffer.
You agree not to disparage us or any of our affiliates in any way that could hurt our goodwill, reputation, or business relationships with the general public, as well as with any of our customers, suppliers, or employees, during the Term or after it ends.
In the event that you violate any of your obligations or covenants under these Terms, you agree to cooperate fully with us in our defense of any proceedings brought against us.
Except as specifically permitted by these Terms, you may not use the Services. You may not, without limiting the generality of the preceding sentence:
We either own or have licensed all rights, titles, and interests in and to the Platform and Services, as well as all intellectual property rights resulting from the Platform and Services. We grant you a limited, non-exclusive, non-sublicensable, royalty-free license to use the Platform in accordance with these Terms and any written instructions issued from time to time, subject to your compliance with these Terms.
From time to time, we may ask you to provide feedback on the Services, such as bug reports and disclosures of vulnerabilities (collectively, "Feedback"). We are free to use, copy, disclose, publish, display, distribute, and exploit the feedback we receive from you without requiring your prior consent, payment of a royalty, acknowledgment, or any other restriction based on your intellectual property rights.
Nothing in these Terms should be interpreted as granting any license or right to our or any third-party's intellectual property unless otherwise specified.
You should not involve any piece of the substance on our Foundation for business purposes without getting a permit to do as such from us or our licensors. Your permission to use our platform will be immediately revoked and you will be required to return or destroy any copies you have made if you print, copy, or download any information in violation of these terms.
You agree to hold harmless Shutterfly Solutions, its parent company, affiliates, officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives from and against any direct or indirect losses, actions, damages, penalties, cost and expenses, claim, demand, lawsuits, or judicial proceeding (including but not limited to all damages, liabilities, settlements, costs, and attorneys' fees) relating to:
Despite anything to the contrary, neither Shutterfly Solutions nor any of its affiliates or related parties shall be liable to you or any third party for any indirect, incidental, special, or consequential damages, loss of revenue, or profits resulting from these Terms, including any Authority or Payment Partner action. You agree to release Shutterfly Solutions, its affiliates, subsidiaries, parent company, and each of their directors, officers, employees, and agents from any and all claims, losses, damages, liabilities, expenses, and causes of action resulting from your use of the Platform or the Services to the fullest extent permitted by law.
These Terms and Conditions and the Platform may be modified by us at any time. Each time you use the Platform or the Services, you as a Merchant are required to review these Terms and the Additional Terms. The Additional Terms and these Terms, as amended from time to time, will govern your use of the Platform and Services. We advise you to stop using the Platform and/or the Services at that point if you do not agree with these changes.
For business and operational reasons, we also reserve the right to restrict the availability of our Platform in whole or in part. Our Platform will not always be available or uninterrupted, and neither do we. We will do our best to notify you as soon as possible of any such suspension or withdrawal in writing.
The remaining terms of these Terms will remain in effect even if a court or other competent authority finds one of them to be illegal or unenforceable. If a portion of a provision that is unlawful or unenforceable would be lawful or enforceable if it were deleted, that portion will be deemed to be deleted, and the remainder of the provision will continue to be in effect.
You acknowledge and agree that we shall not be liable for any breach of these Terms that is the result of an event that is unforeseen and beyond our reasonable control (such as, depending on the circumstances, a failure of any communication system, a breach or virus in our system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, unauthorized access to computer data and storage devices). We will be entitled to a reasonable extension of time to carry out our responsibilities in such a case, and we will use any and all reasonable means to notify you of the Force Majeure Event and attempt to lessen its impact.
The courts have exclusive jurisdiction over any dispute relating to these Terms, and the laws of India shall apply to their interpretation and application.
You are welcome to get in touch with us at shutterflysolutionsprivatelimi@gmail.com if you have any inquiries, complaints, or claims regarding the Services.