THIS TERMS OF SERVICES (THE "AGREEMENT") APPLIES TO CardPik.in WEBSITE AND ALL RELATED SITES, APPLICATIONS, SERVICES, AND TOOLS REGARDLESS OF HOW YOU ACCESS OR USEANY OF THEM.
CardPik.in RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TODENY FURTHER OR CONTINUING ACCESS TO OUR SITE TO ANY VISITOR, INCLUDING, WITHOUT LIMITATION, ANY USER THAT HAS VIOLATED ANY ASPECT OF THE TERMS OF SERVICES. THIS WEBSITE IS OWNED AND MANAGED BY CardPik.in.
All reference to the "CardPik.in" refers to CardPik.in, We, Us, Our. Users of this website are bound, as a condition of continued use of the Websites, to comply with the rules set out below.
MODIFICATION AND/OR SUSPENSION.
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site, your continued use of this websites, visit and use of our website following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
ELIGIBILITY.
You represent and warrant that you are an individual who is at least 18 years old. You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You may only use our service for yourself or business. If you’re using this service on behalf of any party other than yourself, you warrant that you have the authority, or has obtained the permission to do so. We will not be liable to you for any misuse of this service or any parts thereof.
If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We will not be responsible for your use of these services in a way that violates applicable laws. You are not permitted to use this service if it is unavailable in your territory.
THE SERVICE.
CardPik.in is a platform that enables users to create a personal website (the “Website”) to create digital business cards, and establish a centralized online presence. When you create a digital business card through our platform, you understand that your digital business card or profile shall be accessible if made public, or shared through links you generated to members of the general public or any person who has received your profile link.
ACCOUNTS AND REGISTRATION.
In order to access or use some features of the Website and Service, you must become a registered user. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an "Account"), which may permit you access to certain areas of the Website not available to non-registered users. We also request that you provide us with information you're authorized or have obtained the rights to use. Please check our Privacy Policy to know the information we collect from you. You are responsible for safeguarding and maintaining the confidentiality of your Account and safeguarding your login credentials at all times. We will not be liable to you for any loss to your login credentials. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately about any breach of security or unauthorized use of your Account.
YOUR USE OF THE SERVICE.
You may not use any part of this service in connection with fraudulent activities, or activities that may cause this platform to malfunction or be available for use.
We may change, modify, suspend, or discontinue all or any part of the Services at anytime, with or without reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and CardPik.in shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. CardPik.in has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
We always appreciate your feedback or other suggestions about CardPik.in, but you understand that we may use them and you hereby grant us all rights to such suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
You may not use any part of this service to carry out activities that we do not provide as described above in this Terms of Services.
You may not use any part of this service to carry out activities that violate any law, statute, ordinance or regulation.
You may not do or induce any third party to carry out any of the following:
Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Services.
We reserve the rights in our sole discretion to suspend or terminate your use of our service or any part thereof, if we believe or are able to establish that your use of our services will bring a significant risk to our platform or in the event of any breach or threatened breach of any part of this Agreement.
INTELLECTUAL PROPERTY RIGHTS.
The trademarks and trade dress of CardPik.in are proprietary to CardPik.in and may not be used by you for any reasons other than as expressly permitted by these terms. All Websites content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, CardPik.in. You have the right to view, electronically copy, and print in hard copy portions of the Websites for the sole purpose of making purchases, or other personal use.
Any other use of materials on the Websites, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of CardPik.in, is strictly prohibited.
You acknowledge that CardPik.in and/or third-party content providers remain the owners of all Websites materials and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. CardPik.in may discontinue or remove the Websites, or any portion thereof, or discontinue your right to use the Websites, or any portion thereof, at any time.
As between you and CardPik.in, you own all content that you submit to CardPik.in. You grant CardPik.in and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers)royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called "moral rights" in your content. You further grant all users of CardPik.in’s services permission to view your content for their personal, non-commercial purposes.
INTERACTION WITH USERS.
You are solely responsible for your use of this Website and interaction with Users. We have no control or responsibility for your use of this Website or any interaction with Users. You agree that you will comply with all applicable laws and regulations regarding your use of this website and your interaction with Users. If you collect or process any personal information of your Users or if you send marketing or other electronic communications to any User you must comply with all applicable data protection, security and privacy laws and regulations (including, where applicable, the EU General Data Protection Regulation). If applicable law requires, you must provide and make available to your Users on Website legally compliant privacy policy.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us and our affiliates from any and all liability, loss or damages that may arise in connection with this Service. We do not verify the identity of users on this platform and we encourage you to use common sense when dealing with any person or entity online or offline.
If there is a dispute between users on this site, or between users and any third party, you agree that CardPik.in is under no obligation to get involved. In the event that you have a dispute with one or more other users, you release CardPik.in, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in anyway related to such disputes and/or our Services.
SALES OF PRODUCTS AND/OR SERVICES.
You clearly understand and expressly agree that you will be solely responsible for all e-commerce activities you conduct through your Website, including your products and services, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws.
We will not for any reason whatsoever be responsible for any commercial activities and transactions with any user, customer or potential customer. You will be responsible for handling all questions, complaints, concerns, and complaints, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints. You are responsible for providing all products and services sold to your customers, and for fulfilling all products and service deliveries, representations, or warranties you make to them in connection with a sale.
SUBSCRIPTION FEES.
Certain parts of this service may be offered at no cost, we reserve the right to charge for certain or all Services in the future. You shall pay all applicable fees, as described on the CardPik.in website in connection with such Services selected by you. CardPik.in reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges.
If you choose to sign up for our Paid Services (the “Paid Services”), you will be charged an annual or monthly subscription fee, depending on the type of subscription you select. The subscription fee for the paid service will be charged to you in advance as further described below. You may request a refund at any-time, you will be refunded for the unused months for the last subscription you made.
Your subscription to the Paid Services will be automatically renewed and your Payment Method (defined below) will be charged at the beginning of every subscription cycle depending on your subscription plan. If you wish to cancel auto-renewal of the Paid Services for the following year or month, you must cancel your plan in your Billing pane. CardPik.in may change the Subscription Fee upon providing a thirty (30) days prior notice to you, but such change will only take effect once your then-current Paid Services term has ended. If you do not wish to pay the new Subscription Fee, your only remedy shall be to cancel your enrollment in the Paid Services for the following year or month (depending on your type of subscription), prior to the expiration of your then-current Paid Services term. You may cancel your PaidServices subscription at any time, but again, refunds will only be granted if the user meets the criteria outlined above.
TERMINATION.
We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Websites for any reason including, without limitation if you have failed to comply with these Terms and Conditions. You agree that the Websites, us, our officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Websites.
If you wish to stop using this service at any time, you’ll be required to terminate and remove your profile from our website.
SHIPPING POLICY.
All orders of NFC CardPiks are processed within 2 to 3 business days after receiving your order confirmation email. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, we will contact you via email. When your order has shipped, you will receive an email notification from us which will include a tracking number you can use to check its status. Please allow 48 hours for the tracking information to become available. We currently offer FREE standard shipping within the United States and do not ship outside the U.S. We do not provide free return labels and will not pay fees and shipping for articles sent to us, including but not limited to returned and exchanged items.
REFUND, EXCHANGE AND WARRANTY POLICY.
If you are not 100% satisfied with your NFC CardPik, please let us know and we will exchange it for you at no cost. A full refund can be issued for NFC CardPiks within 30 days of purchase. Please contact us and we will provide you with an address to send back the unsatisfactory NFC CardPik. Upon receiving the returned NFC CardPik we will process your return or exchange.
For subscription cancellation and refund policy, please refer to SUBSCRIPTION FEES stated above.
MISCELLANEOUS.
Warranty Disclaimer. Neither CardPik.in nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from CardPik.in or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY CardPik.in (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CardPik.in (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO CardPik.in IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NO TALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold CardPik.in, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without CardPik.in’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Governing law. These Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in courts of competent jurisdiction in Eastern District of New York.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.
These Terms and Conditions (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between us with respect to such subject matter.
You may not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms and Conditions or any rights hereunder without your consent and without notice.
Should you have any question, concern, Complaint or inquiry regarding an order or your use of our Website, please feel free to contact us at: support@CardPik.in
CardPik
Jai Shiv Chowk,
Makrana, Rajasthan 341505
India
Have questions about features, pricing, need design help, or anything else? Our CardPikTeam is ready to answer all of your questions.
We would love to hear from you. We are available weekdays 9 a.m. - 5 p.m. IST