Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to FrameYourMemories! The terms "we", "us" and "our" refer to FrameYourMemories. FrameYourMemories operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a personalized shopping experience (the "Services"). FrameYourMemories is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as order acceptance, customized products, cancellations, warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

FrameYourMemories specializes in customized and personalized products that may be created using photographs, names, dates, messages, designs, and other information provided by customers.

We make reasonable efforts to display and describe our products accurately. However, the final appearance of a customized product may vary slightly from images displayed on the website due to differences in screens, devices, photographs provided by customers, lighting, printing characteristics, and other factors.

Customers understand that customized products are created according to the information and materials provided by the customer.

We do not guarantee that every customized product will appear exactly identical to a digital preview, website image, or representation shown on a customer's device.

Product descriptions, specifications, pricing, designs, availability, and other information may be changed at any time without notice. We reserve the right to discontinue any product or limit quantities offered to any person, geographic region, or jurisdiction.

SECTION 3 - CUSTOMIZATION AND CUSTOMER-PROVIDED CONTENT

For customized products, customers may be required to provide photographs, names, dates, messages, designs, or other personalization information.

By submitting photographs, text, designs, or other materials to FrameYourMemories, you represent that you have the necessary rights or permission to provide and use such materials for the purpose of creating your order.

You are responsible for ensuring that the information and materials submitted for customization are accurate and appropriate.

FrameYourMemories is not responsible for errors resulting from incorrect photographs, names, spellings, dates, messages, designs, or other information supplied by the customer.

We may refuse to process content that we reasonably believe is unlawful, infringes the rights of another person, is abusive, obscene, discriminatory, threatening, or otherwise inappropriate.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. FrameYourMemories reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until FrameYourMemories confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, particularly when purchasing customized products. Once customization or production work has started, FrameYourMemories may be unable to accommodate cancellation requests or changes to the order.

Because customized products are created specifically according to customer requirements, customers are responsible for carefully reviewing all customization information before placing an order.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the contact information provided at the time the order was made.

Your purchases are subject to return, exchange, replacement, or refund solely in accordance with our Refund & Return Policy [LINK].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 5 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation.

Unless otherwise expressly stated, posted prices may not include shipping, handling, customs, import charges, or other applicable charges.

Prices posted in our online store may differ from prices offered through physical stores or third-party platforms.

We may offer promotions from time to time that may be governed by separate terms and conditions. If there is a conflict between promotion terms and these Terms, the promotion terms will govern for that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store.

You agree to promptly update your information, including your email address, payment information, billing details, and shipping information, so that we can complete your transactions and contact you when necessary.

You represent and warrant that the payment information you provide is true, correct, and complete and that you are authorized to use the selected payment method.

SECTION 6 - SHIPPING AND DELIVERY

We make reasonable efforts to prepare and dispatch orders within the estimated processing time displayed on the website or communicated to the customer.

Customized products may require additional preparation time because each product is individually created according to the customer's requirements.

Delivery times are estimates only and are not guaranteed.

FrameYourMemories is not responsible for delays caused by shipping carriers, incorrect or incomplete shipping information provided by the customer, customs processing, natural events, technical issues, strikes, or other circumstances outside our reasonable control.

Once an order has been handed over to the shipping carrier, delivery is subject to the carrier's processes and timelines.

Customers are responsible for providing a complete and accurate shipping address and contact information.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, website design, product designs, and the selection and arrangement thereof, are owned by FrameYourMemories, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except where permitted by applicable law.

FrameYourMemories names, logos, product names, designs, and slogans are trademarks of FrameYourMemories or its affiliates or licensors. You must not use these trademarks without prior written permission.

Shopify names, logos, products and services are trademarks of Shopify. All other names, logos, product names, designs, and slogans appearing on the Services are the property of their respective owners.

SECTION 8 - OPTIONAL TOOLS

We may provide access to third-party tools or services as part of the Services that we neither monitor nor control.

You acknowledge and agree that such tools are provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms under which such tools are provided by the relevant third-party provider.

We may introduce new features, tools, resources, or services through the website in the future. Such features will also be considered part of the Services and will be subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites or services provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, security, or practices of third-party websites or materials.

If you choose to access third-party websites through links provided on our Services, you do so at your own risk.

We are not responsible for any harm, loss, or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content provided by third parties.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

FrameYourMemories is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our Store are made directly with FrameYourMemories.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and FrameYourMemories, including any injury, damage, loss, dispute, or issue resulting from purchased products or services.

You hereby expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with FrameYourMemories, to the extent permitted by applicable law.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK].

By using the Services, you acknowledge that you have read and understood the applicable privacy policies.

Because the Services are hosted by Shopify, Shopify may collect and process information about your access to and use of the Services in order to provide and improve the Services.

Information submitted through the Services may be transmitted to and processed by Shopify and service providers involved in operating our store.

Please review our Privacy Policy [LINK] for additional information about how personal information is collected, used, stored, and processed.

SECTION 12 - CUSTOMER PHOTOGRAPHS AND CONTENT

When customers upload photographs or other personal content for customization, such content may need to be accessed and processed by FrameYourMemories and service providers involved in fulfilling the order.

Customers represent that they have the necessary rights and permissions to provide such photographs and content for customization.

We will use customer-provided content for purposes reasonably necessary to process, customize, produce, quality-check, and fulfill the customer's order, subject to our Privacy Policy.

We do not claim ownership of photographs or personal content submitted by customers.

SECTION 13 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content to us ("Feedback"), you grant us permission to use such Feedback for purposes of operating, improving, evaluating, and promoting our Services, subject to applicable law.

You represent that you own or have the necessary rights to submit the Feedback and that it does not violate the rights of any third party.

We are not obligated to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may remove or modify Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or that violates these Terms or the rights of another person.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate, including after an order has been submitted.

We undertake no obligation to update, amend, or clarify information except as required by applicable law.

SECTION 15 - PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services:

(a) for any unlawful or malicious purpose;

(b) to violate applicable laws, regulations, rules, or ordinances;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten our employees, representatives, or any other person;

(e) to transmit false or misleading information;

(f) to upload or transmit malicious software, viruses, or other harmful code;

(g) to impersonate another person or entity;

(h) to interfere with the operation, security, or functionality of the Services;

(i) to collect or track personal information of others without authorization;

(j) to use automated systems, scraping tools, bots, or other unauthorized means to access or extract information from the Services; or

(k) to engage in conduct that may harm FrameYourMemories, Shopify, our users, or third parties or expose them to liability.

We reserve the right to suspend, restrict, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 16 - TERMINATION

We may terminate or restrict your access to the Services, or any portion of them, at our discretion where permitted by applicable law.

You will remain responsible for any amounts due up to and including the date of termination.

The provisions relating to Intellectual Property, Customer Content, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination will continue to apply after termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented through the Services is provided for general information purposes.

We do not warrant that the information is accurate, complete, or useful in every circumstance. Any reliance placed on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY FRAMEYOURMEMORIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY RIGHTS OR WARRANTIES THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FRAMEYOURMEMORIES, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS LIMITATION INCLUDES, TO THE EXTENT PERMITTED BY LAW, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES.

NOTHING IN THESE TERMS SHALL LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FrameYourMemories, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from claims, damages, liabilities, losses, and reasonable expenses arising from:

(1) your breach of these Terms;

(2) your violation of applicable law or the rights of a third party;

(3) content or photographs you provide to us for customization; or

(4) your access to or use of the Services.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

SECTION 20 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be considered severed from these Terms.

Such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

These Terms of Service, together with our Privacy Policy, Refund & Return Policy, and any other policies or operating rules posted on the website, constitute the entire agreement between you and FrameYourMemories regarding your use of the Services.

These Terms supersede prior or contemporaneous agreements, communications, and proposals relating to the Services.

SECTION 22 - ASSIGNMENT

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent.

Any attempted assignment in violation of this section will be void.

We may assign or transfer our rights and obligations under these Terms where permitted by applicable law.

SECTION 23 - GOVERNING LAW

These Terms of Service and any separate agreements through which we provide Services shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction where FrameYourMemories is headquartered, without regard to conflict-of-law principles.

The courts having jurisdiction over the applicable location shall have jurisdiction over disputes arising in connection with these Terms, subject to applicable law.

Business Address:
84A, Shekhawat Colony, Sirsi Road, Kanakpura, Jaipur, Rajasthan

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

Any material changes will become effective on the date specified in the updated Terms or as otherwise required by applicable law.

Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.