TERMS & CONDITIONS



As the developer of the services (“we,” “us,” or “our”) we provide these Terms and Conditions set forth below as guidance to the use of our website and policies. By accessing or using this site and its related software tools, applications, or any other PAWTRAIT ART services, you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in relation with specific sections and services of this site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions. If your use of this website is on behalf of a business organization, or other entity of any kind, for them to be bound legally to these Terms and Conditions you may present a warrant authorizing you to accept these Terms and Conditions on its behalf.


Every product, order, transaction, and agreements made through this website and company are governed by our terms. Access to Pawtraitart.com via PC or mobile device may include, (a)  the ability to upload contents to the services, (b) the ability to browse the services and (c ) the ability to access certain features. Terms and conditions made by the customer or any third party representation on behalf of the customer will be dismissed and shall not legally apply even without the rejection of our company or staff.


Please read these Terms and Conditions carefully to govern your access and use of Pawtraitart.com.


PAWTRAIT ART reserves the right to make changes to this site at anytime without prior notice. You should review the Terms and Conditions each time you access this site.


By registering, accessing, downloading, installing, using and/or partaking of the services, you represent and warrant that (a) you are at least eighteen (18) years of age and (b) you have provided us with true and accurate current personal information during the registration process (including, without limitation, your name and email address). Inaccurate information may lead to an inability to complete your transaction. You warrant that you will provide and maintain true, accurate, and valid information including your email address and phone number for as long as the account or transaction is active. Registration data and other information you provide are governed by our Privacy Policy.


You are restricted from accessing the website if you are under the age of eighteen (18.) By providing us your contact information you agree that we may contact you regarding your order or pending transactions with the use of electronic communication. You may not cause harm of any kind to this website including hacking and transmitting softwares or materials that contain viruses of any kind that might be destructive to the items or might cause interference on the services.


PAWTRAIT ART has the sole discretion to (a) cancel your order, transaction, and shipment at any time; (b) terminate your access to this website that violates the Terms and Conditions, copyrights, or other intellectual property rights of any third party, with or without notice. By accessing this website, you agree that PAWTRAIT ART may preserve and disclose content and personal information if required by law. You agree that you are responsible for all actions and communications engaged under your account. Under no circumstances do we hold liability and responsibility for any content and communications submitted under your account. You acknowledge and agree to waive any claims against PAWTRAIT ART and its affiliates based on or related to the content and communications submitted on or to the website under your name and account.


Images sent by you will be deleted in our system within thirty (30) days after the completion of the delivery. We shall not be held liable for any loss caused by this deletion.


You agree that PAWTRAIT ART solely and exclusively owns all intellectual property, services, and content that is protected by copyright, patent, trademark, trade secret, and/or other laws and rules and regulations.


The services and products contain images, photographs, layouts, designs, and other content that may consist of copyrights, trademarks, service marks, trade names, and other intellectual property of third parties. Third party content is provided for your convenience and for the specific purpose why we have provided them. Use of third party content/s without the express consent of the owner is strictly prohibited.


The images and photographs provided must be in compliance of our positive brand image. We reserve the right to refuse images that contain nudity, violates or infringes moral, publicity, or privacy rights of any person (living, deceased, or entity), infringes upon any person’s or entity’s personal or intellectual property and proprietary rights (including any third party rights.) you agree not to upload any offensive content which includes, but is not limited to, images that contain inappropriate content or content that may be deemed obscene, defamatory, libelous, threatening, pornographic, slanderous denigrates or offends any group (on the basis of ethnicity, race, gender, sexual orientation or religion, or people who are physically or intellectually challenged), unsafe behavior or situations, or disparagement of any product, service, person or entity. You agree that PAWTRAIT ART reserves the right to refuse service and determine if the content is against our policy.


 All rights, title, and interest to the image, photographs, and information submitted must be owned by you otherwise you must have the express permission of the content’s owner to copy and use the photo for all services and purposes related to the PAWTRAIT ART  services including, but not limited to, making alterations to the image for completion of the order and printing the edited version of the said image/s.


You are solely responsible for all the content that you stream, upload, post, publish, display, email, or otherwise transmit or use via the services. You agree that we reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these terms including, without limitation, removing any content deemed offensive from our services, suspending or terminating access of any account of such violator/s and reporting such violator/s to the authorities.


By submitting your photograph, you represent and warrant that (a) you own the content and information submitted or otherwise, have the express consent of the third party owners; (b) that the photo is clear and free of any claims of copyright infringement or unauthorized third party use; (c) That the photo is neither contrary nor violates the law in any way; (d) in the occasion where children (anyone under 18) are involved, you must be the parent or legal guardian of the minor/s. If not, you must have the express consent of the parent or legal guardian to use the image of the minor/s.


By purchasing a product on our website, you agree that PAWTRAIT ART shall not be held responsible for the final outcome or result of the product if the image provided by you is of poor quality. We work hard to give the best quality products however, the quality of the photo will directly affect the final result of the product. The colors of the print or product provided may be slightly different from that of the image provided. Images and colors tend to look brighter on an electronic device screen due to backlight.

 

You agree that we reserve the right to preserve your content and information and may disclose it if required to do so by law or if reasonably necessary to (a) comply with legal process, applicable laws, or government requests; (b) enforce these terms, (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety or us, our users, or the public.


You must acknowledge that we reserve the right to terminate accounts that have been inactive for an extended period of time to be determined at our sole discretion, with or without notice.


By accessing this website you agree that the questions, ideas, comments, feedback, or other information about the services provided by you are non-confidential and we will be entitled to un-restrict the distribution of submissions for any purpose without acknowledgement or compensation to you.


Occasionally, especially for those who have subscribed to our mailing list, certain promotional offers will be available for you to access. This may come as a discount code or a gift card. These offers are strictly promotional and have no cash value. We reserve the right to modify or terminate offer codes regardless of status. If you take any action that may result in activating or unlocking the code and the transaction is deemed incomplete, voided, or cancelled for any reason, we may deduct or eliminate the applicable code in our sole discretion.


Cookies are small texts uploaded to your computer to identify you as a specific user. They allow us to measure website activity and personalize your experience. They allow us to track your status or progress when ordering from us. You can opt to reject the cookies or manually delete them by following your browser’s help file directions. Rejecting and deleting cookies may result in trouble accessing the website or some features.


You will be required to select a method of payment and provide the information regarding your credit card or any form of payment authorized by us. By providing us this information, you represent and warrant that the information provided is true and valid and that you are authorized to use the selected form of payment. By providing the said information and confirming a purchase through this website, you also authorize us and our designated payment processor/s to charge the full amount from the payment source you designated for the transaction. You also grant us the right to fix any payment processing errors that we may discover and the right to correct any errors via crediting or debiting the payment method used for the transaction.


By accessing this website and purchasing from it, you agree that we reserve the right to refuse the acceptance of return and refund requests unless (a) the wrong item was shipped to you, (b) the item you ordered was lost in transit, (c) the item/s we sent is/are damaged. However, in the occasion where a refund must be issued due to damaged/missing products, only the cost of the product will be refunded, not the commissioned image as that is produced to order as intellectual property by our graphic artists. A file will be sent to your email containing the personalised artwork you purchased. More details can be found in our FAQ’s.


You acknowledge that the products and services offered on this website are “as is” and without warranty of any kind.


We will not be liable for any property damage, personal injury, loss of use, interruption of business, or other consequential, indirect, incidental, punitive, or special damages arising out of or relating to the use of the website and PAWTRAIT ART services. This applies to all situations however caused, whether for breach of contract, tort, strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law. You also agree not to hold us liable for any data or usage limits, caps or restrictions, or any rates or charges, applied to or assessed through your mobile device by any third party that resulted from your use of services.


We strongly suggest that you follow the instructions and/or warnings provided about the usage of our products. We will not be held liable for any injury or property damage caused by any of our products.


As respect to the intellectual property of others and ourselves, If you believe that your work has been copied please contact us and provide information and images that proves your ownership of the said image. Under no circumstances do we hold liability for the stolen images for we have no way of confirming it unless the owner contacts us. We are happy to comply with legal requests in case the owner decides to take legal action.


The ownership, risk of loss, right to possession and title to product/s shall pass to you upon shipment by the courier.


You or we may terminate your account at any time. If you violate these terms, we will also reserve the right to deactivate or limit your access to our services. You agree that we have the right to make any terminations, limitations, and/or deactivations to your account. By doing so, all information, files, and contents related to you will be deleted on our website and system. We will not be held liable in any manner for any issue caused by such termination or deactivation.


We reserve the right to change or modify these terms at any time without prior notice. Upon posting the new T&C’s all products and services, new or old, shall be governed by these terms. All prices and services are subject to change without prior notice. We strongly recommend that you review our Terms and Conditions every time you access PAWTRAITART.com.


We reserve the right to modify, discontinue, or suspend the products without prior notice be it temporarily or permanently. We will not be held liable for any issues caused by this to you or any third party for any modification, discontinuation, or suspension of any services or products.


By accessing this website, you agree not to hold PAWTRAIT ART and its parents, subsidiaries and affiliated companies, their respective successors, and all of their respective officers, directors, shareholders, employees, agents, representatives, and licensees from and against any loss, damage or expense, including court costs and lawyer fees that they may suffer or incur as a result or in connection with the image or the production of your order. We will not be held liable for any breach or alleged breach of our terms and violation of the intellectual rights of others made by you regarding your order.

 

Any communication sent by you will not be considered confidential unless stated and agreed to be kept confidential under our Privacy Policy. By sending us these messages and information, you give us the right to publicly display or disclose these messages and information privately and publicly.


Due to the items being personalised we do not offer returns due to buyer's remorse. Exchanges due to the wrong size or product being ordered are also not possible and a new product in the correct size etc. will need to be ordered. If your delivery has arrived incomplete or damaged then please contact us within 4 weeks of receiving your delivery with details of this.


No joint venture, partnership, or any relationship of any kind exists between you and our company as a result of these terms and conditions. We reserve the right to assign our rights and obligations under our T&Cs however personal rights or all rights that you may have under these terms may not be assigned by you without our express consent.

All Terms and Conditions are applicable to the full extent permitted by the law.