This agreement was last revised on November 29th, 2021
www.estk.shop (“website”) welcomes you.
We offer you access to our products and services through our “Website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. We strongly recommend you to go through these Terms and Conditions regularly. By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website
● “Agreement” refers to this Terms and Conditions, Privacy Policy, Cookie Policy, Refund Policy and other documents provided to you by the Website;
● “Product” or “Products” refers to the good or products (digital products) offered through our website;
● “Service” or “Services” refers to any service shown below, which we may offer from our Website.
● “User”, “You” and “Your” refers to the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
● “We”, “us”, “our” are references to iCanvaStore;
● “Website” or ”Site” shall mean and include "https://www.estk.shop, and its subdomains;
● "User Account” shall mean an electronic account opened for the customer for availing various services offered on the website;
● All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
● Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.
● Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
● All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.
● Scope: These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.
● Eligibility: Certain Service of the Website is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.
● Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive reply communications from us electronically in the same format and you can keep copies of these communications for your records.
At www.estk.shop, we offer you a meticulously designed website where we provide digital products and related services online.
We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
For accessing the website and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.
You accept that the details you provide about establishing any account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
A. Content Responsibility :
The website may permit you to share content, post comments, feedback, etc. (“content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
● contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
● is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
● violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
● discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
● violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
● transmits viruses or other harmful, disruptive or destructive files ;
● sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects;
● Information or data which are unlawfully obtained.
Any such submitted content that includes, but is not limited to the following, will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
· All the purchases for any product or service available on the website shall be governed by our terms and conditions.
· While providing your details you must be careful and warrant that the information provided is true and accurate.
· Payment mode shall be : Accepted payment methods by our payment processors i.e Razorpay, PayU, Stripe, Paypal, Instamojo
· Any order to purchase a product or service that you place with us is subject to acceptance by us.
· If there is an error in the order confirmation, please contact us immediately by email at [email protected].
· We may refuse or be unable to process your order if:
§ Your payment method or the payment processor does not give authorization for the payment of the purchase price.
§ You do not meet the eligibility to order criteria set out above.
· The refund shall be allowed ONLY as per our refund policy.
· We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
· We take customer feedback very seriously and use it to constantly improve our products and quality of [email protected]
The product will be delivered electronically via e-mail as download links. No tangible/physical copies will be delivered via postal mail for non-exclusive rights licenses. Please check your spam and junk folders if you don’t find our e-mails in your inbox. Make sure you don’t block pop-up windows in your browser or links in your email provider/software. If links are not clickable, copy and paste the link(s) in the address bar of your browser. If you experience any issues with download links, please try a different browser or computer/device. Most mobile phones and devices are not capable of downloading and saving files, to download the files/documents properly, please use a desktop computer such as a PC, Mac, Laptop, or Macbook.
By this Website:
● We provide an opportunity for you to avail the offered Product and Services from our Website.
We do not provide any warranty or guarantee that the Product and Service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service offered by the Website is not as described, your sole remedy is to inform us about Services for taking further action.
We reserve the right, but not the obligation, to limit the usage or supply of any product or service to any person, geographic region, or jurisdiction. We may use this right as per necessity.
● You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
● You shall not upload, any content on the website that:
▪ Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affects anyone’s privacy, contains violence or hate speech, including any sensitive information about any person.
● You shall not use or access the Website for collecting any market research for some competing business;
● You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;
● You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;
● You will not use any device, scraper, or any automated thing to access the Website for any purpose without taking permission from us.
● You will inform us about anything that is inappropriate or you can inform us if you find something illegal on the website;
● You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
● You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
● You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
● You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so to operate the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
· We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
· We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
· The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your business use, subject to all the terms and conditions of this Agreement as they apply to the Service.
· You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have concerning the website;
· Both you and we acknowledge and agree that in your use of the website you will comply with any applicable third-party terms of the agreement that may affect or be affected by such use.
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.estk.shop Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall iCanvaStore, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
Any materials provided by the Client/Customer in the course of using our service shall be kept confidential by us as against third parties, unless the disclosure is required under the process of law or unless the disclosure is to our financial auditors or governing regulatory bodies. Disclosing or using this information for any purpose beyond the scope of this Agreement.
We are not responsible to you for:
● any losses you suffer because you cannot use our website at any time; or
● any errors in or omissions from our website; or
● any losses you may suffer by relying on any commentary, postings, or reviews (of our services or that of our partners) on our website; or
● the privacy policies and practices of other linked third-party websites, even if you access them using links from our website; or
● any unauthorized access or loss of personal information that is beyond our control.
You are strictly prohibited from using the Website or any of our Services for illegal spam activities (including gathering email addresses and personal information from others or sending any mass commercial emails), other than for the intended purposes of this website.
The Website may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator of those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures (s) when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.
Every effort has been taken to ensure that the information offered on this Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
The website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.
We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties’ rights, and fitness for a particular purpose and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation with any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages.
The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the website. The website may contain information on certain services, not all of which are available in every location. A reference to a service on the websites does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no right to use the content, and you will not take any Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
TERMINATION
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination - Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.
DISPUTE RESOLUTION
If a dispute arises between you and the website www.estk.shop, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and mobile application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a "Claim") following this section entitled "Dispute Resolution." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.
ARBITRATION OPTION
For any claim arising between you and www.estk.shop (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the law of India and the State of Tripura without giving effect to any principles of conflicts of law. The courts of the State of Tripura shall have exclusive jurisdiction over any dispute arising from the use of the Website.
FORCE MAJEURE
We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
ASSIGNMENT
We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
FEEDBACK CONTACT
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at [email protected]
This agreement was last revised on November 29th, 2021
Our Privacy Policy forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Privacy Policy at any time.
We respect the privacy of our users and every person who visits our sites www.estk.shop or its subdomains. Here, iCanvaStore refers to as (“we”, “us”, or “our”). We are committed to protect your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regards to your personal information, please contact us at [email protected].
When you visit our website www.estk.shop or its subdomains (“Site”) and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have concerning it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue the use of our site and our services.
Please read this privacy policy carefully as it will help you to make informed decisions about sharing your personal information with us.
1. WHAT INFORMATION DO WE COLLECT?
The Personal Information you disclose to us.
We collect personal information that you voluntarily provide to us when expressing an interest in obtaining information about us or our services or submitting any kind of forms or making a purchase when participating in activities on the Site or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Site, the choices you make, and the products and features you use. The personal information we collect can include the following:
Name and Contact Data - We collect your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers, name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information, Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
Credentials - We collect passwords, password hints, and similar security information used for authentication and account access.
Information automatically collected - We automatically collect certain information when you visit, use, or navigate the Site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information. If you access our site with your mobile device, we may automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information, and IP address. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookie Policy.
Information collected from other Sources - We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties.
2. HOW DO WE USE YOUR INFORMATION?
We use your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
· To send information to you related to your account, our business purposes, and/or for legal reasons. We may use your personal information to send you service and new feature information and/or information about changes to our terms, conditions, and policies.
· Deliver targeted advertising to you for our Business Purposes and/or with your Consent. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness. [For more information, see our Cookie Policy.
· Request Feedback for our Business Purposes and/or with your Consent. We may use your information to request feedback and to contact you about your use of our Site.
· To protect our Site for Business Purposes and/or Legal Reasons. We may use your information as part of our efforts to keep our Site safe and secure (for example, for fraud monitoring and prevention).
· To enable user-to-user communications with your consent. We may use your information to enable user-to-user communications with each user’s consent.
· To enforce our terms, conditions, and policies for our business purposes and as legally required.
· To respond to legal requests and prevent harm as legally required. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
· For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Site, products, services, marketing, and experience.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
We only share and disclose your information in the following situations:
· Compliance with Laws - We may disclose your information where we are legally required to do so to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal processes, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
· Vital Interests and Legal Rights - We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person, and illegal activities, or as evidence in litigation in which we are involved.
· Vendors, Consultants, and Other Third-Party Service Providers - We may share your data with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work.
· Business Transfers - We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
· Third-Party Advertisers - We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to our Site and other websites that are contained in web cookies and other tracking technologies to provide advertisements about goods and services of interest to you.
· Affiliates - We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our holding and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
· Business Partners - We may share your information with our business partners to offer you certain products, services, or promotions.
· With your Consent - We may disclose your personal information for any other purpose with your consent.
· Other Users - When you share personal information (for example, by posting comments, contributions, or other content to the Site) or otherwise interact with public areas of the Site, such personal information may be viewed by all users and may be publicly distributed outside the Site in perpetuity.
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.
5. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
Information collected from you may be stored and processed globally in various countries in which our Company or agents or contractors maintain facilities, and by accessing our sites and using our services, you consent to any such transfer of information outside of your country.
Such countries may have laws that are different, and potentially not as protective, as the laws of your own country. Whenever we share personal data originating in the European Economic Area, we will rely on lawful measures to transfer that data, such as the Privacy Shield or the EU standard contractual clauses. If you reside in the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your personal data to the countries in which we operate. By providing your personal data, you consent to any transfer and processing in accordance with this Policy. We will not transfer your personal information to an overseas recipient.
6. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
The Site may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services, or mobile applications. We cannot guarantee the safety and privacy of the data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services, or applications that may be linked to or from the Site. You should review the policies of such third parties and contact them directly to respond to your questions.
7. HOW LONG DO WE KEEP YOUR INFORMATION?
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
8. HOW DO WE KEEP YOUR INFORMATION SAFE?
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our Site is at your own risk. You should only access the services within a secure environment.
9. DO WE COLLECT INFORMATION FROM MINORS?
We do not knowingly solicit data from or market to children under 16 years of age. By using the Site, you represent that you are at least 16 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site. If we learn that personal information from users less than 16 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data, we have collected from children under age 16, please contact us at [email protected].
10. WHAT ARE YOUR PRIVACY RIGHTS?
Personal Information - You may at any time review or change the information in your account or terminate your account by contacting us.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use, and/or comply with legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site.
11. DO WE MAKE UPDATES TO THIS POLICY?
We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.
12. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, email us at [email protected].
This agreement was last revised on November 29th, 2021
BY CONTINUING TO USE OUR SITE AND SERVICES, YOU ARE AGREEING TO THE USE OF COOKIES AND SIMILAR TECHNOLOGIES FOR THE PURPOSES WE DESCRIBE IN THIS COOKIES POLICY. IF YOU DO NOT ACCEPT THE USE OF COOKIES AND SIMILAR TECHNOLOGIES, DO NOT USE THIS SITE.
Cookies
A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. In general, cookies have two main purposes: to improve your browsing experience by remembering your actions and preferences and to help us analyze our website traffic.
What to do with Cookies?
We use cookies to help us analyze traffic to the Website, to help us improve website performance and usability, and to make the Website more secure. Third-party cookies help us use Google Analytics to count, track, and analyze visits to the Website. This helps us understand how people are using our websites and where we need to make improvements. These third-party cookies do not specifically identify you.
Types & Category of Cookies used
List the category of cookies used in https://www.estk.shop. For example:
a) Authentication
If you sign in to https://www.estk.shop, cookies help us show users the right information and personalize the experience to the users.
b) Security
We use cookies to enable and support our security features, and to help us detect malicious activity violations of our Terms and Conditions.
c) Performance, Analytics, Research & Advertising
Cookies help us learn how well our site and web products perform in different locations. We also use these to understand, improve, and research products, features, and services, including when you access this site https://www.estk.shop from other websites, applications, or devices such as your work computer or your mobile device. We also use third-party cookies to improve and personalize our marketing messages/communications with you.
Control cookies
You are always free to delete cookies that are already on your computer through your browser settings, and you can set most browsers to prevent them from being added to your computer. However, this may prevent you from using certain features on the Website.
This agreement was last revised on November 29th, 2021
Our Refund Policy forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Refund Policy at any time.
I. NO REFUND POLICY
As we are selling downloadable digital products, our general policy is your purchase will be considered as final and you will not be able to receive a refund of your payment at any time. We shall not be liable for any loss or liability resulting from stoppage/interruption of services due to regular maintenance, server issues, etc.
The product will be delivered electronically via e-mail as download links. No tangible/physical copies will be delivered via postal mail for non-exclusive rights licenses.
In a determination to accomplish customer satisfaction, if there is an issue, you can contact us for a refund or any other issues through our email [email protected].
We will refund you back in the following circumstances:
1. If there is duplicate payment was made due to technical glitch, or any other error;
2. Your purchase is covered by any special offer of refund or money-back guarantee that are circulated on any of our social media accounts/websites/landing pages/emails.
3. If we consider the refund is necessary as per customer support staff as per our sole discretion.
Refund will be made at our sole discretion.
In case of multiple purchases or duplicate payments, we shall refund 80% of the payment amount of the duplicate order(s).
Refund will be provided AS STORE CREDIT or GIFT VOUCHERS (which can be used for future purchases on the website).
Chargeback & Dispute: In case of a dispute, we always request our customers to resolve the issue/dispute by contacting us. However, we will disable the customer account if they raise any kind of dispute with the banks/payment partners for any transaction and their account will be reactivated after resolving the dispute. In this case, we have the right to discontinue/suspend or disable the discount/freebies/gift/cashbacks or store credits (other than refund credits) or anything provided to the customer free of cost.
In the event, any chargeback/dispute will be filed by you by mistake, you need to contact the respective bank/payment partner for withdrawing the same, your account will be reactivated after resolving the dispute.
We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
We take our customer's feedback very seriously and use it to constantly improve our products and quality of service.
II. METHODS OF PAYMENT
We will refund your amount to the original payment method, once it has been processed.
III. REFUND CYCLE
The complete refund process normally takes about 5-15 working days from the date of confirmation of the refund.
This agreement was last revised on November 29th, 2021
iCanvaStore (Company) and You (“Licensee”) agree to the terms of this Agreement (as defined below).
By downloading, copying, accessing, or using this Licensed Asset, Licensee agrees to this Agreement. If Licensee is accepting this Agreement on behalf of another person or other legal entity, Licensee represents and warrants that Licensee has full authority to bind that person or legal entity to this Agreement. The Licensee must ensure that End Users (as defined below) comply with this Agreement and is responsible for End Users’ compliance with or breach of this Agreement. If Licensee does not agree to this Agreement, Licensee must:
• not download, copy, access, or use the Licensed Asset; and
• Promptly return the Licensed Asset and proof of entitlement to the party from whom the Company acquired the Licensed Asset.
BY USING THIS LICENSED ASSET, YOU DE-FACTO ARE LEGALLY BOUND BY THE FOLLOWING AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE LICENSED ASSET AND CONTACT THE COMPANY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, USING THE LICENSED ASSET INDICATES YOUR ACCEPTANCE OF THE TERMS OF THE AGREEMENT.
1. DEFINITIONS:
1.1 “Affiliates” refers to any corporation, authorized agencies and officials, association, or other entity that directly or indirectly owns, is owned by, is under common ownership or working with either Party, respectively, either currently or during the term of this Agreement. As used in this definition, the terms "owns", "owned", or "ownership" means the direct or indirect possession of more than 50% of the voting securities, or equity in such a business entity.
1.2 “Claim” shall mean any liability, suits, claims, actions, proceedings, losses, damages, judgments, and reasonable costs.
1.3 “Intellectual Property Rights” shall mean copyright, patents, designs, trademarks, trade names, goodwill rights, and trade secrets.
1.4 “License Term” shall be for a limited period specified in the Agreement, unless otherwise provided.
1.5 “Licensed Asset” means and includes the - High-Quality Canva Templates, (“Licensed Asset”) including all extensions, additions, modifications, upgrades, updates, and enhancements thereto.
1.6 “Authorised User” shall mean any Licensee employee, officials, Authorised Agencies, contractor, or supplier. The Licensee shall ensure that any person having access to or use of the Licensed Asset provided to the Licensee under this Agreement is subject to an obligation of confidentiality with respect thereto at least as restrictive as the confidentiality obligations outlined in clause 6 of this Agreement.
2. DELIVERY:
The Licensed Asset shall be transmitted by the Company to the Licensee electronically subject to successful payment.
3. TERM AND TERMINATION:
3.1 The term (“Term”) of this Agreement shall commence from the date of execution of this Agreement and shall continue till it is terminated by either Party.
Either party may terminate the Agreement at any time by ceasing the use of the Licensed Asset and promptly destroying and deleting all copies, including any documentation. The Licensee shall not be entitled to any refund of the license fee.
After termination, Licensee’s account information, order details, and service requests shall be rendered at any given time at Company’s discretion, provided that we provide Licensee with the reason for any alteration.
3.2 The provisions which, by their nature are meant to survive the termination of this Agreement, shall survive for two (02) years from the expiry or termination of this Agreement.
4. LICENSE:
4.1 Grant of license:
Commercial Use
“Commercial” use is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the user is deemed “Commercial”.
Non-Commercial Use (Personal)
“Non-commercial” use is used for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
4.2 Permitted use
An “End Use” of a Licensed Asset means the use of the Licensed Asset only as expressly permitted below. Any End Use for Commercial use must: (i) be significantly different than the original Licensed Asset, (ii) require time, effort, and skill to produce, and (iii) not derive its primary value from the Licensed Asset itself.
· End Products
o Physical Products for Commercial Use or Non-commercial Use: Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Commercial use or Non-commercial use.
o Product Packaging for Commercial Use of Non-commercial Use: Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, stickers, banners, flyers or containers, etc., for Commercial use or Non-commercial use.
o Digital Products for Commercial Use or Non-Commercial Use: Licensee may create digital end products for resale such as static designs, static website elements for Commercial use, or non-commercial use.
o Digital or Print Publication for Commercial Use or Non-commercial Use: Licensee may use the Licensed Asset in digital or print publications such as magazines, cards, invitations, photo albums, and scrapbooks, e-books, or e-publications, for Commercial use or Non-commercial use.
o Quantity Limitations on End Products for Commercial Use: Unlimited numbers of individual end products or packaging (digital or physical) sales, instances, impressions, or installations (as applicable) that incorporate the Licensed Asset is permitted for Commercial use. Consider an extended commercial license or contact iCanvaStore for a custom license if Licensee requires greater quantities for Commercial use.
· Other Terms of Permitted Use
o Personal Use: Unlimited numbers of personal or individual social media accounts/websites and/or other digital/physical assets(Owned by Licensee) for Non-commercial use.
o Commercial Use: Unlimited numbers of business social media accounts/websites and/or other digital/physical assets(Owned by Licensee) for Commercial use.
4.3 Prohibited Use
PROHIBITED USES
End Products
On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end-user, to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on-demand” application.
· Trademark and Copyright
Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact ICanva Store for a custom license if these rights are desired.
Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).
· Future Technologies
The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
4.4 Obligations of Licensee:
· Licensee undertakes to prevent unauthorized access to, or use of, the Licensed Asset. The licensee shall report to the Company immediately and stop immediately any copying or distribution of the Licensed Asset that is known or suspected by the Licensee.
· The company is under no obligation and shall not be liable to review such data for accuracy, acceptability, or potential liability. Licensee grants to Company all necessary licenses in and to such data solely as necessary for Company to provide the Licensed Asset to Licensee.
5. FEE AND PAYMENT:
5.1 The Company licenses the Licensed Asset under this Agreement to the Licensee for a price (“Fee”) as set out by the Company on the website. The Company reserves the right to revise the Fee at its sole discretion with or without notice to the Licensee.
5.2 Taxes: Licensee, if located outside India shall be responsible for and shall pay directly, all Taxes relating to the performance of this Agreement and the use of the Licensed Asset to the concerned local Government Bodies. Licensee, if located in India shall be responsible for and shall pay directly, all Taxes relating to the performance of this Agreement and the use of the Licensed Asset to the Company in the form of GST(18%). This taxation will only be applicable after the owner of iCanvaStore i.e Sanket Datta becomes obligated to collect the GST from the Licensee.
5.3 If the Licensee fails to make payments towards the Fee or the renewal Fee thereof, as and when they become due, the Company shall terminate the access of the Licensed Asset to the Licensee.
6. CONFIDENTIALITY:
6.1 The Licensee shall keep all information including but not limited to Licensed Asset, methods, processes, data of the system shared concerning the Agreement as proprietary of the Company and treat the same as confidential and shall not disclose such information to any third party, except, disclose pertinent aspects of the Agreement to government and/or regulatory authorities, as required by law.
6.2 The licensee shall not use the Licensed Asset for any purpose not expressly permitted by this Agreement.
6.3 The licensee shall use all commercially reasonable precautions to protect the confidentiality of the Licensed Asset, and shall secure from all employees, officials, authorized agencies, agents, or independent contractors having access to the Licensed Asset, at least as protective of the Licensed Asset as the provisions of this clause 6, to maintain the Licensed Asset in confidence.
7. INTELLECTUAL PROPERTY RIGHTS:
7.1 Any rights to the Licensed Asset, its contents, and any Documentation provided therewith, including title, ownership rights and Intellectual Property Rights therein shall remain the sole and exclusive property of the Company and/or its suppliers or its affiliates. The licensee shall not own any Intellectual Property Rights concerning the Licensed Asset, customization, training material, and accompanying documentation, including the Company’s confidential information under this Agreement. The licensee shall own all Intellectual Property Rights concerning data and other relevant information provided by Licensee.
7.2 Notwithstanding anything contained in this Agreement or otherwise, nothing in this Agreement shall be construed as a transfer in the Intellectual Property Rights of the Company to the Licensee.
7.3 The Licensee shall not use the Intellectual Property Rights of the Company without the prior written consent of the Company. Contravention of this provision shall be construed as a material breach of this Agreement.
8. DISCLAIMER OF WARRANTIES:
8.1 Licensee hereby expressly agrees and acknowledges that, except as provided in this Agreement, the Licensed Asset is provided "as is" and “as available” without any representations, conditions, warranties, or covenants whatsoever concerning the Licensed Asset, including without limitation, any express, statutory or implied representations, warranties or conditions of merchantability, merchantable quality, satisfactory quality or fitness for a particular purpose, or arising otherwise in law or from a course of dealing or usage of trade, all of which are expressly disclaimed and excluded. The Company does not warrant that the Licensed Asset shall be error-free or will perform uninterruptedly.
9. INDEMNITY:
9.1 Licensee shall defend, indemnify and hold harmless Company from any third party claims arising out of:
9.1.1 misuse of the Licensed Asset;
9.1.2 breach of terms of this Agreement;
9.1.3 breach of applicable laws;
9.2 This indemnity shall survive the termination of this Agreement.
10. LIMITATION OF LIABILITY:
10.1 IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE LICENSEE OR A THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED ASSET, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE LICENSEE OR THE THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
10.2 IN ANY EVENT, THE COMPANY’S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, WHETHER OR NOT ARISING FROM THE COMPANY’S NEGLIGENCE, SHALL NOT BE MORE THAN THE PRORATED AMOUNT OF FEES PAID TO COMPANY HEREUNDER IN PRECEDING THREE (03) MONTHS OF THE EVENT WHICH IS GIVING RIGHT TO SUCH CLAIM. THE FOREGOING LIABILITY CAP SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
11. ARBITRATION:
In the event of any dispute arising out of or concerning this Agreement, the Parties shall try and resolve the dispute amicably in good faith through negotiations. In case the dispute is not resolved within a reasonable time, the Parties agree to submit the same for arbitration to a sole arbitrator, mutually appointed by the Parties. If the Parties cannot agree upon a sole arbitrator, each Party shall appoint an arbitrator and the two arbitrators shall mutually appoint the third presiding arbitrator.
12. GOVERNING LAW AND JURISDICTION:
This Agreement shall be governed by and construed under the laws of India. Subject to the arbitration clause above, any dispute arising out of or concerning this Agreement shall be submitted to the sole jurisdiction of the courts of the State of Tripura.
13. FORCE MAJEURE:
Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss due to deficiency in the performance of the Licensed Asset resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, power failures, internet outage, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.
14. MISCELLANEOUS:
· Notices: Any notices that either Party is required or may desire to give to the other Party hereunder, shall be given by addressing the communication to the address set forth at the start of this Agreement, and shall be served by certified or registered post. Any change to the abovementioned address shall be informed to other parties in writing, within thirty (30) days of such change.
· No Assignment: Neither Party may assign its rights under this Agreement without the prior written consent of the other Party. The Licensee shall not sub-contract any of its obligations (or part thereof) under this Agreement to any third party without the prior written consent of the Company.
· Severability: The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision (or part thereof) of this Agreement shall in no way affect the validity or enforceability of any other provision (or remaining part thereof).
· Waiver: No delay or failure of either Party in exercising any right and no partial or single exercise of any right shall be deemed to constitute a waiver of that right or any other rights under this Agreement.
· Amendment: This Agreement may not be altered, or modified except by a written agreement or addendum signed by authorized representatives of the Parties.
· Entire Agreement: This Agreement contains the entire agreement and understandings by and between the Parties concerning the covenants herein described, and no representations, promises, agreements, or understandings, written or oral, not herein contained shall be of any force or effect.
This agreement was last revised on November 29th, 2021
This Disclaimer forms part of and must be read in conjunction with, website Terms and Conditions. We reserve the right to change this Disclaimer at any time.
The information contained on this website is for general information purposes only. The information is provided by https://www.estk.shop (“iCanvaStore” or “we”).
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.estk.shop Website including loss of data or information or any kind of financial or physical loss or damage.
General:
The website, its content, and service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, its content, or its service are free of computer viruses or similar contamination or destructive features. Although iCanvaStore seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our services, and there may at times be inadvertent technical or factual errors or inaccuracies.
A) No warranties.
iCanvaStore specifically (but without limitation) disclaims
a. Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and
b. Any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the services. iCanvaStore shall not be responsible for the loss of, damage to, or unavailability of any information you have made available through the services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the services.
B) No guarantee of accuracy.
iCanvaStore does not guarantee the accuracy of and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the services.
C) No warranties regarding third parties. iCanvaStore makes no representations, warranties, or guarantees, express or implied, regarding any third-party service or advice provided by a third party.
Technical Disclaimer
Every effort is made to keep the website up and running smoothly. However, iCanvaStore takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at [email protected].
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