This Customer Services Agreement (the "Agreement") is made and entered between MIW ZARK TECHNOLOGIES PVT. LTD. ("MIW") and you ("You" or "Your"), as of the date that You accept this Agreement as provided in this preamble. PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING MIW ZARK TECHNOLOGIES PVT. LTD.'s WEBSITE (THE "WEBSITE"), INCLUDING PLACING AN ORDER WITH myindustryworld.com FOR MANUFACTURING SERVICES (THE "SERVICES"), CLICKING ON THE "I ACCEPT" BUTTON, AND/OR COMPLETING THE REGISTRATION PROCESS, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH myindustryworld.com, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES. myindustryworld.com's General Terms and Conditions available at: www.myindustryworld.com/z/terms ("General Terms") are incorporated herein by reference.
PLEASE NOTE that MIW may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Website for orders placed after such modifications have been posted. MIW will also update the "Last Updated" date at the top of this Agreement. If MIW makes any material changes, and You have registered with MIW to create an Account (as defined below), MIW may also send you an email to the last email address You provided pursuant to this Agreement. Any changes to this Agreement will be effective immediately for new users of the Website and/or Services and will be effective thirty (15) days after posting or providing notice of such changes on the Website for existing users (whichever is earlier). MIW may require You to provide consent to the updated Agreement in a specified manner before further use of the Website and/or Services is permitted. If You do not agree to any change(s) after receiving a notice of such change(s), You shall stop using the Website and/or Services. Otherwise, Your continued use of the Website and/or Services shall be deemed Your conclusive acceptance of the modified terms and conditions.
The MIW Services are made up of different services provided through the Website. One of our Services enables you to upload a 3D file to our Website and view it in 3D. If you want to turn your 3D Model into reality, you can place an order with us and we will manufacture it for you at your direction. At a charge of a service price and price for the substance used for the 3D Model, we manufacture the 3D Model for you (i.e., print it with 3D printing technology through our 3rd Party manufacturing partners) in our materials and ship it to you. You can also order models designed by other MIW Users. MIW allows you to browse the Website gallery page for models and to place an order for the manufacturing of an available model.
A. Website Use
1.Accessing the site:
Please note that only one username and password should be created per user. Username is the email-id/contact number provided by the user. We reserve the right to verify this information before enabling an account. The account can be rejected or disenabled if it is found to be an agent account or for any other reason that myindustryworld.com finds suitable and which it is not liable to state or justify. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any activities that occur under your password or account, with or without your knowledge. If you knowingly give your login and password information to another person, we may suspend or terminate your account, in addition to any other remedies available to us. You must immediately notify us if you become aware of any unauthorized use of your password or account or any other breach of security. We won't be liable for any loss or damage arising from your failure to comply with this paragraph.
When you submit your data to register, we will require you to provide your name, e-mail address, contact number and a password of your choosing. As mentioned above, your e-mail address will be used as your username for login purposes. Any registration information you provide must be true, accurate, current and complete. Please also note that we may, but are not obligated to, use the information you provide to verify that you are actually an owner of your firm.
3.Authenticity of Information:
Any information about any user on myindustryworld.com belongs to the respective user.Myindustryworld.com will not be responsible for any false information provided to us by any user. We may also cancel your account or terminate your account if we found you providing us any false information.
4.User Profile information:
Your myindustryworld.com profile(either company or vendor) may not include any of the following content: telephone numbers in place of name, any photographs containing nudity, profanity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
5. Security of designs. When you upload a design in the form of PDF, image, Drawing or any other CAD file it will be on your own risk. MyIndustryWorld.com will not responsible for any theft of the design or any intellectual property in the design.
You represent and warrant that you shall not do any of the following via the Site or otherwise in connection with the Service:
(i) attempt or help anyone else attempt to gain unauthorized access to the MyIndustryWorld.com Service or its related systems or networks (including without limitation the impersonation of another user or other use of a false identity or address to gain access to the site).
(ii) use the Site to violate the intellectual property rights of any person (including without limitation posting pirated music or computer programs or links to such material on Site or in your Profile).
(iii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws.
(iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights.
(v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
(vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein.
(vii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service (the "Content") in any way.
(viii) modify or make derivative works based upon the Service or the Content.
(ix) create Internet "links" to the Site or "frame" or "mirror" any Content on any other server or wireless or Internet-based device or.
(x) reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.
7.Change to the service:
MyIndustryWorld.com reserves the right to redesign or modify the organization, structure, features, pricing, or "look and feel" of the Service and any portion thereof at any time without prior notice or liability hereunder.
8.Modifications to Terms:
B. Ordering Process
In order to place an order for a Part, You must upload an accepted three dimensional (3D) model for the Part that You would like to be produced pursuant to the terms of this Agreement. During the ordering process You may choose, from the list of available options, the material, color, surface,coating,post processing and size of the measurement (mm or inches) for your Part. Certain restrictions with respect to the thickness, material, color and surfaces may apply. MIW RESERVES THE RIGHT TO ALTER, MODIFY OR CHANGE THE SPECIFICATIONS OF ANY PART IN THE EVENT MIW DETERMINES THAT THE MANUFACTURE OF A PART IN ACCORDANCE WITH YOUR SPECIFICATIONS IS IMPOSSIBLE, ECONOMICALLY IMPRACTICABLE, OR OTHERWISE IS LIKELY TO HAVE AN ADVERSE IMPACT ON THE RESULTING PART. You will be able to see and review the order and the estimated costs (production, delivery, and other taxes when applicable) provided by MIW to You before finalizing the order (the "Quote"). No contract to manufacture any Part exists until MIW acknowledges your acceptance of its Quote by a confirmatory email or other appropriate means of communication, as determined by MIW in its sole discretion. SINCE EACH ORDER IS CUSTOM MANUFACTURED, YOU MAY NOT CANCEL AN ORDER ONCE IT HAS BEEN PLACED.
Upon acceptance of MIW's Quote, MIW will, subject to the terms herein, manufacture, or have manufactured, the Part(s) in accordance with the 3D geometry and features related to the Part(s) and to the tolerances as set forth in the Quote (except if located in the Notes section) (collectively, the "Specifications"). You are solely responsible for ensuring that the Specifications in the Quote and other information You submit in Your order is accurate and complete before paying for it. YOU MAY NOT AMEND OR MODIFY THE SPECIFICATIONS after YOU HAVE PLACED YOUR ORDER
3. MIW Cancellations:
MIW may, at any time during the quotation, ordering and the manufacturing process, revoke and/or cancel any Quote/order, if there are technical or others reasons (such as a concern about intellectual property ownership of the design or the legality of the Part) to do so. In such case, MIW will reimburse You all monies paid for such Part, if any.
The prices charged are calculated based on building types with a certain attainable level of detail. MIW will manufacture Your Part(s) in accordance to our Manufacturing Standards , which are incorporated herein by reference, unless MIW has agreed to different standards in the Quote. Due to technical limitation of current technology("3D printing or CNC machining", it may be impossible or commercially impracticable to manufacture certain Parts in accordance with Your Specifications. In such cases, MIW will use its commercially reasonable efforts to contact You. In any case, MIW (AND ITS PARTNERS) then reserves the right to either build the Part with a different thickness and/or switch to another production technique, and apply any modification to the order (such as modification of price, of terms/term of delivery, etc.) resulting from such decision. You agree to pay MIW such additional compensation (if any) as may be necessary that arise out of any such amended Specifications.
5. Final Quality:
The Quality of the parts MIW deliver to you may vary from the 3D model you have submited in terms of dimensions, tolerance, color and physical properties. The 3D viewer show just an approximate view of the part which may differ from the manufactured part that MIW deliver to you. MIW suggest you to consider the 3D view or corresponding generated image of Part from the same as just for reference.
6.Functionality and Accuracy:
MIW do not guarantee that the part manufactured and delivered to you will satisfy its functionality and application as there be variations in the dimensions as per the accuracy of the method you specified in your order. Your parts may fail to assemble, fit, sustain load, sustain temperature or stay in shape when put to use depending upon specification you provide.
7.Warranty of Parts:
MIW warrants only that the model manufactured by us will substantially meet the features of the indicated 3D Model within the limitations of the 3D printing technology or other technology selected otherwise. You maintain sole legal responsibility for the design specifications and performance of the 3D Model that is the subject of this transaction. MIW does not give any warranty about the 3D Models themselves and does not guarantee that the 3D Model will be fit for any particular purposes. Please inspect the 3D Model upon receipt immediately.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.PLEASE NOTE THAT, UNLESS OTHERWISE STATED IN THE DESCRIPTION FOR A SPECIFIC MATERIAL, THE MATERIALS WE USE FOR MANUFACTURING THE 3D MODELS MAKE THE 3D MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE 3D MODELS ARE NOT SUITED TO BE USED AS TOYS, OR TO BE GIVEN TO CHILDREN. THE 3D MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT. Without limiting the generality of the foregoing, we assume no responsibility or liability for the selection of materials. You maintain sole legal responsibility for the selection of materials that fit the requirements of your specifications and performance of the 3D Model.
You acknowledge and agree that MIW subcontract or otherwise delegate any order you place for a Part to one of MIW's Partners. As such, you acknowledge and agree that MIW may share your Specifications with our Partners in order to process and manufacture your order. You will not have any obligation to pay any Partner directly.