Introduction to these terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. [You must be at least 18 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.] This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our EcomFly use of cookies in accordance with the terms of EcomFly [privacy policy / cookies policy].

License To Use Website

Unless otherwise stated, EcomFly and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages [or OTHER CONTENT] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

Republish material from this website (including republication on another website);
Sell, rent or sub-license material from the website;
Show any material from the website in public;
Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]Edit or otherwise modify any material on the website; or
Redistribute material from this website [except for content specifically and expressly made available for redistribution]

Restricted Access

Access to certain areas of this website is restricted. EcomFly reserves the right to restrict access to specific areas of this website, or indeed this entire website, at EcomFly’s discretion. If EcomFly provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. EcomFly may disable your user ID and password in [EcomFly] sole discretion without notice or explanation.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or EcomFly or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. EcomFly reserves the right to edit or remove any material submitted to this website, or stored on EcomFly servers, or hosted or published upon this website. Notwithstanding rights under these terms and conditions in relation to user content, EcomFly does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Content Policy

Our content policy plays an important role in maintaining a positive experience for you, the client. For the usual websites and resume designs all content (images, headings, copy, text etc.) will be provided by client. In case of resume design, a client has to provide complete personal information with biography, and we do not provide any sort of content services. For an e-commerce website up to 10 to 30 sample products will be provided by the EcomFly team and sample product information will also be provided by client including product name, product price, and product images and shipping policy. CMS and e-commerce management will be handled by EcomFly. We use dummy text (Lorem Ipsum) in the graphics for previewing layouts and visual mockups.

Limitations of Warranty

This website is provided “as is” without any representations or warranties, express or implied. EcomFly makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, EcomFly does not warrant that:

this website will be constantly available, or available at all; or
for any indirect, special or consequential loss; or
show any material from the website in public
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of Liability

EcomFly will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website to the extent that

the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if EcomFly has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit EcomFly liability in respect of any:

death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation on the part of EcomFly; or
Matter which it would be illegal or unlawful for EcomFly to exclude or limit, or to attempt or purport to exclude or limit, its liability.

These limitations of liability apply even if EcomFly has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. You do not think they are reasonable, you must not use this website then.

Refund Policy

EcomFly refund policy is not applicable when:

You choose a special service package.
You have approved the initial design concept
You have requested revisions
You have canceled the order due to non-related reasons in regard to the EcomFly and its policies
You have not contacted EcomFly for more than 2 weeks since the project initiated
You have violated EcomFly terms & conditions and privacy policy
You have approached another service provider or designer for the same project assigned to EcomFly
You have provided an incomplete design brief
You have demanded a change in the design concept
You have exceeded from the maximum time allowed to ‘request for refund’ and make claims
You are closing your business or have changed the name of your business
You have other reasons such as change of mind, dispute with your partners, or other similar reasons
You have approved the deliverables
You have accepted multiple revisions for any service
You have ordered a bundle service and dissatisfied with any specific service, refund can only be claimed against that specific service and ‘not’ the complete set of bundle services
You have failed to provide the initial design brief within 10 days of order placement

Note: EcomFly reserves complete rights to reject/cancel any project/order or cancel the contract with the customer whenever it seems necessary and decided after critical managerial discretion. After successfully claiming the refund, you will have no rights to use the incomplete/complete design concepts for any reason or purpose; these completed/incomplete design concepts will remain the sole property of EcomFly and the company owns full rights of these design concepts. By complying with this set of refund policy, you will have no rights to use any of the design concepts provided to you by EcomFly and the information will be submitted to the Copyright Acquisition of the Government Copyright Agencies to ensure legality. How to claim your refund? Follow the below mentioned ways to make raise your ‘request for refund’:

By calling us any time at our Toll Free Number 1-888-229-2523
By engaging with us via Live Chat. Click Here to start chat now.
By sending us an Email mention “Request for Refund” and ‘Order ID’ in the subject line.

As soon as we receive your request for refund, we will reach out to you at our earliest to assist you with the best possible resolution and start the refund process.

Money Back Guarantee

Money Back Guarantee is valid till 30 days of order placement, provided that all other terms are applied. Money Back Guarantee is valid only if you have not requested revisions for any design sample/concept within your order. Once you request a revision/change in the provided design sample/concepts, you agreed to proceed further with our services and cannot claim any refunds.

Other Parties

You accept that, as a limited liability entity, EcomFly has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against EcomFly officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect EcomFly officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as EcomFly.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify EcomFly and undertake to keep EcomFly indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by EcomFly to a third party in settlement of a claim or dispute on the advice of EcomFly legal advisers) incurred or suffered by EcomFly arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to EcomFly other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as EcomFly deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

EcomFly may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

EcomFly may transfer, sub-contract or otherwise deal with EcomFly rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions, together with any other documents, constitute the entire agreement between you and EcomFly in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Clause of Use

If a project has been abandoned in terms of approvals or specifications, based on the lack of any written communication between the client and the account manager for a period of at least 30 days then the project will be deemed as closed.

Closed Projects:

Closed Project is a project that has been either delivered in full or wasn’t claimed for a period of at least 60 days and EcomFly cannot be held liable after the stated time duration.