Terms of Service and User Agreement

Please read these Terms of Service and User Agreement (the "Terms") carefully before using the website https://rememberwhen.in/ and corresponding messaging-based service including through Whatsapp (the "Services") operated by Printed Memories (“Printed Memories”, “us”, “we” or “our”). The Terms also include the Privacy Policy, which is posted on our website.

Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. Your registration for and/or use of the Services shall be deemed to be your agreement to abide by these Terms, including any requirements additional specific terms or policies available on our website (incorporated by reference herein), including but not limited to our Privacy Policy. These Terms apply to all visitors, users and others who access or use the Services and constitute the entire agreement between you and us. There may be times when we offer a service or product that has its own written terms and conditions that apply in addition to these Terms ("Additional Terms"). In those cases, the Additional Terms will control to the extent there is a conflict with these Terms, unless the Additional Terms state otherwise.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THESE TERMS IN THEIR ENTIRETY. If you do not agree to the Terms, please do not use the Services. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms or any such additional terms and conditions or policies at any time, and we will post the Terms (or such additional terms and conditions or policies) as so modified on our website. Please check these Terms and any such additional terms and conditions or policies referenced herein periodically for changes. Your continued use of the Services following the posting of changes to the Terms or any such additional terms and conditions or policies referenced herein will mean you accept those changes.

How we work

We are an online platform that guides mothers, fathers and other users (as the case may be) and assist them in creating their own customized digital baby memory book (“Memory Book”). The Services include, among other things, features that prompt users to answer questions in the form of messages/pictures/videos relating to their pregnancy and/or just born or recently born children, and otherwise provide content through Whatsapp or other means. Based on responses and other content provided by a user, we, through our proprietary software/algorithm automatically generate successive pages of a customized digital baby memory book that can be viewed by the user. The Services may also contain features allowing users to share books with relatives/friends and others via email or on social media sites or other methods, to order high-resolution versions of Platform Books in .pdf format or to order printed bound versions of Memory Books and other products. In addition, certain features of the Services may be available only to users that purchase premium services.

License and Restrictions

1. We hereby grant you a non-exclusive, non-transferable, limited, revocable right to use the Services during the term of your subscription, solely for your own internal, non-commercial purposes, subject to these Terms. All rights not expressly granted to you are reserved by us and our licensors.

2. You agree not to: (i)License, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way;(ii)Modify or make derivative works based upon the Services;(iii)Embed the Services as a frame from within another application; or(iv)Reverse engineer or access the Services in order to: (a)Build a competitive product or service,(b)Build a product using ideas, features, functions or graphics that are similar to those related to the Services, or(c)Copy any ideas, features, functions or graphics of the Services.

3. You agree not to: (i)Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;(ii)Interfere with or disrupt the integrity or performance of the Services or the data contained therein, or our website;(iii)Attempt to gain unauthorized access to the Services or its related systems or networks; or(iv)Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

Content You Own

1. You own the rights to all content you submit to us including any and all information, data, text, music, sound, photographs, graphics, video, messages, or any other materials whatsoever.

2. You are responsible for the content that you provide to us, including its legality, reliability, and appropriateness.

3. You represent and warrant that: (i)The content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii)the posting of your content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

4. Notwithstanding your ownership of the content, you grant us the right to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such content, in each case for the purposes of allowing us to: (i)Operate the Services in accordance with their functionality, (ii)Generate, make available and sell books to applicable users, (iii)Improve the Services, (iv)Develop new Services and (v)Reasonably related purposes.

Content We Own (Intellectual Property)

1. We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and its original content (excluding content provided by users), features, functionality, and any aggregated metrics, data and trends compiled by or for us.

2. The Services, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Services including trade names, are the property of Printed Memories (except the content submitted by users), and are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (as applicable). Except as provided herein, no right or license is granted to use them hereunder.

3. Our trademarks, copyrighted material (including questions), and trade name/s (as applicable) may not be used in connection with any product or service without the prior written consent of Printed Memories.

4. We appreciate hearing from you, as well as our other users, and welcome your comments and feedback regarding our Services. If you send us creative suggestions, questions, ideas, other ideas, drawings, concepts, feedback or other information (“Submissions”), the same will be the property of Printed Memories. In addition, none of the Submissions will be subject to any obligations of confidentiality and we will not be liable for any future use or disclosure of such Submissions.

Content We Own (Intellectual Property)

Products or Services

1. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

2. We reserve the right to limit the quantities of any products or Services that we offer.

3. All descriptions of products, product pricing, product details are available on our website and are subject to change at anytime without notice, at our sole discretion.

4. We reserve the right to discontinue any product at any time.

5. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

6. You agree to follow our instructions/guidelines for using the Services which may be updated from time to time including on our website. We shall not be responsible for errors, grievances relating to quality or other defects arising in the Services and/or Memory Book arising out of your failure/negligence to follow our instructions/guidelines.

7. Prices for our products and services are subject to change without notice.

8. The Memory Book is sold separately from paid memberships/subscriptions. A current, valid, paid membership/subscription is required in order to purchase a Memory Book.

9. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof). In the event of a discontinuance of Services, Printed Memories will use its best efforts to provide 15 days notice prior to a discontinuance of the Services, communicating via email/message/Whatsapp. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

Billing and Account Information

1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card/debit card/payment source and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

2.Your credit card information may be stored and used by our third party payment processor.

3.You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card details/debit card details/payment information, so that we can complete your transactions and contact you as needed.

Cancelling Your Subscription

You can cancel your subscription by writing to us at support@rememberwhen.in. anytime during the time your subscription is active. No refunds, partial or complete, will be issued upon cancellation.

You may choose to discontinue your subscription at any time to stop receiving prompts, but this will not entitle you to any refund. After cancellation, you will continue to have access to the services until the subscription term ends unless you request immediate account closure in your cancellation email.

Shipping Policy

The book will be delivered within 10-15 days from the date you place your order. However, please note that in certain cases, due to unforeseen circumstances, delivery might take longer. We deliver only to India.

We work with third-party delivery partners, and while we strive to ensure timely delivery, delays beyond our control can occur. In such cases, we will keep you informed and make every effort to resolve the situation promptly.

If you have any concerns about the status of your order, please reach out to our support team at support@rememberwhen.in..

Returns and Refund Policy

1. Subscription Refunds:
   • Subscriptions are non-refundable under any circumstances.
2. Book Replacements:
   • If the book you receive is damaged, we will replace it. No refunds will be given,
   • To request a replacement, you must notify us within 48 hours of receiving the book and provide evidence of the damage (e.g., photographs). Once your replacement is approved your book will be delivered to you in 10-15 working days
3. No Refunds and No Returns:
   • Refunds will not be issued for any orders, including books and subscriptions.
   • We also do not accept returns for the book.
4. Order Accuracy:
   • We do not take responsibility for incorrect orders placed by the user. It is the customer’s responsibility to carefully review the order before finalizing it.
   • Please double-check spelling, image quality, and other details, as the book will be printed exactly as submitted.

Errors, Inaccuracies, and Omissions

1. Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

2. We undertake no obligation to update, amend or clarify information in the Services or on our website, including without limitation, pricing information, except as may be required by law. No specified update or refresh date applied in the Services or on our website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

Advertisements and Other Commercial Content

We may, from time to time, deliver advertising and other commercial or sponsored third party content on our platform, via text message, Whatsapp, website, email, or other means, that we feel is valuable to our users and advertisers. You agree to receiving such advertisements or sponsored content. However, we have no control over products/services offered in these contents and shall not be liable for any direct/indirect losses that may be caused to you if you decide to use such products/services, which shall be solely at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any such products/services.

Communication Preferences:

By using the Services, you agree to receive promotional offers and communications related to the Services via e-mail, WhatsApp, text messaging and other channels of communication.

Modification & Limitation of Service

1. You agree that we may establish general practices, policies and limits, which may or may not be published, concerning the use of the Services, including without limitation the maximum number of messages/responses and photos that may be sent from an account, the length of the messages, and the maximum number of photos contained within an account, the age and period for which prompts/questions will be sent etc.

2. You agree that Printed Memories has no responsibility or liability for the failure to store any content transmitted by or through the Services. You agree that Printed Memories has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content for any of the following:

1. for any unlawful purpose;

2. to solicit others to perform or participate in any unlawful acts; to upload, post, order books for print, email or otherwise transmit material that provides instructional information about illegal activities;

3. to violate any provisions of law in force at the relevant time;

4. to upload, post, order books for print, email or otherwise transmit any material that infringes upon or violates our intellectual property rights or the intellectual property rights of others;

5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

6. to harm minors in any way; this may include, but is not limited to, uploading, posting, ordering books for print, emailing or otherwise transmitting or communicating any content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of our website;

8. to collect or track the personal information of others;

9. to provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;

10. to spam, phish, pharm, pretext, spider, crawl, or scrape;

11. to upload, post, order books for print, email or otherwise transmit or any material for any obscene or immoral purpose, in each case as determined by us in our discretion; or

12. to interfere with or circumvent the security features of the Services or our website, other websites, or the Internet.

We reserve the right to terminate your use of the Services for violating the terms and conditions herein.

Accessing Your Account

1. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

2. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Termination of this Agreement

1. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

2. Upon termination, your right to use the Services will immediately cease

3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate Services at any time without notice and you will remain liable for all amounts due upto and including the date of termination, and we may deny you access to our Services (or any part thereof).

Indemnification;

You agree to defend, indemnify and hold harmless Printed Memories/its officers/employees and licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees/expenses), resulting from or arising out of (a) use and access of the Services, by you or any person using your account and password; (b) a breach of these Terms, or (c) the content provided by you.

Limitation Of Liability

IN NO EVENT SHALL WE, OR OUR OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS OR AFFILIATES, BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL PRINCIPLE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; OR (B) DAMAGES HEREUNDER IN EXCESS OF THE AGGREGATE AMOUNTS YOU HAVE PAID TO PRINTED MEMORIES FOR THE SERVICES.

Disclaimer

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OF PERFORMANCE.

2. WE DO NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Force Majeure

We shall not be liable for any delay or failure to perform our obligations or provide the Services under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war, government actions, lockdowns, epidemics etc.

Governing Law & Jurisdiction

These Terms and any dispute arising out of or in relation thereto and the use of the Services shall be governed by and construed in accordance with the laws of India. You agree that Courts in Mumbai, India shall have exclusive jurisdiction to decide any such dispute. You submit to the jurisdiction of said courts and waive any defence of forum non conveniens. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT IN REPRESENTATIVE CAPACITY - AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS.

Entire Agreement & Severability

These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Amendments

1. We reserve the right, at our sole discretion, to amend, modify or replace these Terms at any time by posting updated terms on our website without the requirement of having to specifically inform you.

2. By continuing to access or use our Services after those revisions/amendments become effective, you agree to be bound by the revised/amended terms. If you do not agree to the new terms, please stop using the Services.

3. Please review the website periodically for changes. If you do not agree to any or all posted changes, please do not continue to access or use our Services.

Assignment

These Terms may not be assigned by you without the prior written approval of Printed Memories, but may be assigned without your consent by Printed Memories to (i) an affiliate, (ii) an acquirer of Printed Memories’ assets, or (iii) a successor by merger, consolidation, sale of interest or similar transaction. Any purported assignment in violation of these Terms shall be void.

Contacting Us

If you have any questions about these Terms, please contact us at support@rememberwhen.in.

Effective date: 11th July 2024