PackMojo Custom Packaging

Terms of Service

Last modified: 21 December 2018

PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.

This is a contract between you (the Customer) and us (PackMojo). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship.

As used in this Privacy Policy, “PackMojo,” “us” and “we” refers to PackMojo Limited. The “Websites” means PackMojo’s websites (including without limitation www.packmojo.com, app.packmojo.com, and any successor URLS, mobile or localized versions and related domains and subdomains), and the “Products” means PackMojo’s products, applications and services, in each case in whatever format they may be offered now or in the future.

1 - Service Terms

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, or that you are 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 this site.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws, rules or regulations in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your use.

2 - Definitions

"Account" means a service provided by electronic means, created upon completion of the Registration procedure by the Customer, in which Customer information and documentation related to his/her Orders are stored.

"Business Days" means days of the week from Monday to Friday (except for statutory holidays).

"Delivery Time" means 14 business days from the date at which the order is processed.

"Order" means a declaration of Customer’s intent which directly results in conclusion of the Sales Agreement, stating relevant conditions of the Agreement; Orders may be placed by electronic means through the Website, with a proviso that they shall be processed on Business Days from 9:00 to 18:00 GMT+8.

"Person" means any person, firm or company.

"Privacy Policy" means the document governing security of protecting and processing Clients’ personal data; The Privacy Policy shall constitute an appendix to these Terms of Service available at the address https://packmojo.com/privacy-policy/.

"Product" means the product which the Seller is to sell in accordance with these Terms of Service.

"Sales Agreement" means a Products sales agreement, thus the Order and acceptance of the Order by PackMojo; Sales Agreement is concluded between the Seller and the Customer by means of the Website’s sale system in accordance with the provisions of these Terms of Service.

"Seller" means PackMojo, a company incorporated with limited liability under the laws of the Hong Kong Special Administrative Region having its registered office situated at Unit 5, 31/F, W50, 50 Wong Chuk Hang Road, Hong Kong.

"Service" means all of our web-based applications, tools and platforms that you have registered to use or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via https://packmojo.com/ or another designated URL.

"Terms of Service" means the standard terms and conditions of rendering and using of the services in the Website set out in this document.

"You", "your" or "Customer" means the person or entity using the Service and identified in the applicable account record, invoice, or order record as the customer.

3 - Products and Services

All Products are made to order based on your custom specifications, and cannot be cancelled once you approve your order or the order’s approval window has passed. You, the Customer, are responsible for ensuring that your order correctly specifies size, color, artwork, quantity, style of product, and type of product. PackMojo is not responsible for errors made by the Customer during the ordering process.

We have made every effort to display as accurately as possible on the website the colors and images you selected onto a product design. We also have made every effort to ensure that the proportions and style of all customizable products appear as accurately as possible. We cannot guarantee that your computer monitor's display of any color, artwork, sizing, or feature will be accurate.

4 - Orders

We have a policy of continuous product development and reserve the right to amend the specifications of any of the Products without prior notice, subject to the already submitted Orders. Products supplied may therefore differ as a consequence of multi-standard color systems, notably the international screen based color system of RGB and the print color system used by PackMojo.

We endeavor to process every order within 5 (five) Business Days. The Order processing time shall not include the delivery time. All delivery dates stated are only approximate. We shall not be liable for any losses or expenses incurred due to the delay in delivery of the Products.

5 - Right to Refuse orders

We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated, to limit the sales of our products or Service to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services, or product or service pricing, are subject to change at any time without notice. We reserve the right to modify or discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

6 - Quality

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 other requirements, or that any errors in the Service will be corrected in a timely manner or at all.

PackMojo cannot guarantee the consistency of colors between the website display and resulting print.

7 - Return Policy and Disputes

Since all orders are made to custom specifications, we don't allow cancellation after order acceptance or after the approval window is passed, nor do we allow returns on completed orders. However, if you're unhappy with your order and feel like we did not meet your quality standards, please contact us and we'll do our best to rectify the situation. Should we, in our sole discretion, decide to replace any products or to refund or credit to you any amounts paid for an order, that replacement, refund, or credit shall constitute our entire, sole and exclusive liability, and your sole and exclusive remedy, with respect to that order.

If you dispute any charge that is made to your credit/debit card, you agree that PackMojo may authorize a third party vendor to handle and seek to resolve such dispute on PackMojo’s behalf, which may include PackMojo providing such vendor with the following information: your name, address, email address, phone number and the first 6 and last 4 digits of your credit/debit card number. You agree that PackMojo may provide such information to the third party vendor and that the third party vendor may further disclose that information to your credit/debit card company, the bank issuing the credit/debit card and PackMojo’s merchant processing company for the purpose of resolving the dispute. PackMojo will endeavor to have the third party vendor agree to maintain the confidentiality of such information.

If you dispute valid charges made by PackMojo to your credit/debit card and your dispute is subsequently found to be fraudulent, you agree to reimburse PackMojo for PackMojo’s expenses (including bank’s and attorney’s fees) incurred in connection with resolving the dispute.

8 - Billing & Account Information

We may, in our sole discretion, limit or cancel quantities purchased per account or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, 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 email and/or billing address/phone number provided at the time the order was made.

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/debit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

9 - Third-party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10 - Copyright and Use and Submission of Content

As a PackMojo account holder you may be able to submit Content to the PackMojo website. Such content may include, but is not limited to: artwork, requests for sample products and quote requests. You understand that PackMojo does not guarantee any confidentiality with respect to any Content you submit.

OWNERSHIP OF AND RESPONSIBILITY FOR CONTENT
ALL CONTENT YOU SUBMIT OR CREATE USING THE PACKMJO PLATFORM SHALL REMAIN YOUR PROPERTY. HOWEVER, BY SUBMITTING CONTENT, YOU AGREE AND GRANT TO PACKMOJO A ROYALTY-FREE, LICENSABLE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE, WORLDWIDE LICENSE TO USE, REPRODUCE, MODIFY, PUBLISH, LIST, EDIT, TRANSLATE, PUBLICLY DISPLAY, AND MAKE DERIVATIVE WORKS OF ALL SUCH CONTENT, AND THE NAME, VOICE, AND LIKENESS OF THE USER.

You hereby expressly acknowledge and agree that you shall be solely responsible for the content you create and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to PackMojo all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on https://packmojo.com/ pursuant to these Terms of Service.

In particular, any unauthorized use of copyright protected material within your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Website), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to https://packmojo.com/ or related URLs, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.

PackMojo may post your "testimonials" on the Website. Before doing so, however, PackMojo will ask Customers for permission.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

Content is provided to you as is. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of PackMojo or the respective licensors of the Content. PackMojo and its licensors reserve all rights not expressly granted in and to the Service and the Content.

You agree not to circumvent, disable or otherwise interfere with security-related features of PackMojo or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

PackMojo does not permit copyright infringing activities and infringement of intellectual property rights on its website, and PackMojo will remove all Content if properly notified that such Content infringes on another's intellectual property rights. PackMojo reserves the right to remove Content without prior notice.

10 - Designs, Comments & Feedback

PackMojo strives to create an interactive relationship with the users of its Site and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to PackMojo on or by this Site shall be and remain PackMojo’s property. Users assign all property rights and interests to PackMojo, allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, PackMojo shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is or may be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your designs & comments will not violate any right of any third-party, including without limitation, patent, copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any designs or comments posted by you or any third-party.

11 - Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

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

12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, including the PackMojo website or their content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any supranational, international, national, federal, provincial, state or local regulations, rules, laws, or ordinances; (d) to infringe upon, misappropriate or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal or business information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13 - Warranties, Limitation of Liability, Indemnity

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including without limitation, all statutory warranties and implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose or use, durability, title, and non-infringement.

By use of this Site, you agree to indemnify and hold PackMojo (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct).

In no event shall PackMojo’s liability to you for any reason whatsoever, exceed the amount that you have paid PackMojo for the product or service giving rise to the liability.

14 - Termination

The rights, obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of our relationship or any transactions completed on our website for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

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

15 - Governing Law

These Terms of Service and any separate agreements whereby we provide you the Service or any products or services shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflicts of law principles.

16 - Changes to Terms of Service

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

We reserve the right, at our sole 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

If you have any questions regarding the Terms of Service, please contact us at [email protected]