The following terms and conditions ("Terms and Conditions") constitute a legal agreement between you, being the user of the Services hereinafter defined, and Sunshine Exports Private Limited and its affiliates, assignees, legal representatives, employees, etc. (collectively referred to as "Sunshine Exports," "we," "us," or "our"). These Terms and Conditions govern your use of Sunshine Exports' services, including the "factori.com" website ("Website"), mobile applications ("Applications"), and all features, content, and services offered through them (collectively referred to as "Services").
Sunshine Exports provides a variety of services through the Website and Applications.
One of our primary services allows you to upload Computer Aided Design ("CAD") or image files of your product onto the Website. Such upload enables you to visualize a rendered version of your product. Should you desire to procure your uploaded design as a tangible item, you have the option to place an order with us. Upon receiving your order, we will manufacture your design according to the specifications you select and ship the finalized product to your designated location.
Please note that our Services are not without cost, as fees are applicable for the service itself and the materials used for manufacturing.
You confirm that any content you upload onto the Website and/or the Applications is not illegal, unlawful, or otherwise barred/impermissible under any prevailing and applicable laws.
By using our Services, you certify that you are at least 18 years old or the age of majority in the territory that you are residing in. If you are under the age of majority, you may only use factori.com with parental or guardian consent and involvement.
We retain the right to deny providing the Services to any individual or entity and may alter the eligibility criteria at any time.
Certain Services may necessitate registration for an account on the factori.com Website ("Account"). During the registration process and continued use of the Services, you must provide accurate identification, contact information, and other requested information. It is your responsibility to keep this Account information up to date. The username selected by you should not impersonate any other person and/or use offensive language.
It is your responsibility to safeguard your Account and password, and inform us of any unauthorized access or security breaches.
We reserve the right to terminate Services without notice.
You can request Account deletion at any time.
Placing an Order : To initiate the process of transforming your design into a tangible product, you must follow the steps outlined below
Design Upload : Access your Account on the Website and upload the design file, whether it's a CAD file or an image. This uploaded design will serve as the basis for visualizing the rendered version of your desired product.
Material Selection : Within your Account, you will be prompted to select the specific material that you want your product to be manufactured from. This choice of material holds significance in the overall appearance, quality and functionality of the final product.
Manufacturing Process : Choose the manufacturing process you want us to employ for creating your product. This decision involves selecting the technique through which your design will be transformed into a tangible item. Consider the intricacies and nuances of your design when making this selection.
Quantity Specification : Indicate the quantity of the product you intend to order. This is where you outline the number of items you wish to have manufactured based on your design.
Delivery Information : Provide accurate and complete information required for the successful delivery of your manufactured products. This includes your preferred shipping address and any additional details crucial for accurate delivery.
Payment Initiation : As the next step, you will be prompted to provide the necessary information to initiate the payment for your order. Depending on your chosen payment method, you may be redirected to a third-party payment provider's website to complete the transaction securely.
Unacceptable Orders, Cancellation by Us : Please be aware that there may be technical or other reasons that lead to the unilateral non-acceptance or cancellation of your order at various stages of the ordering process. Even after we have initially accepted your order, circumstances may arise that require us to decline or cancel it. Such reasons could include, but are not limited to, technical infeasibility of the requested product, potential infringement concerns related to your design, or logistical challenges associated with the specified delivery destination.
Prices : Upon successful upload of your design via your Account, we will provide you with the total cost associated with fulfilling your order. It is important to note that the validity of these prices will also be indicated. Should you continue with your order after this point, please be aware that we reserve the right to modify these prices in the future. While we endeavor to prevent errors in pricing, in the event that an error does occur, we maintain the right to retract our offer and, consequently, the order.
Payment and Price : The amount provided on the ordering page encompasses multiple elements, including the fee associated with the Services, the cost of materials used in the production of the product, and, if applicable, any markup charged by the designer involved. This quoted price also includes shipping costs and Goods and Services Tax (GST), but excludes any import duties or taxes that may be applicable based on the destination of delivery.
n situations where you choose to pay in a currency that differs from the denominated currency of your payment method, it's important to note that your payment provider (such as your credit or bank card issuer) or a third-party payment processor may apply currency conversion rates or additional fees. These charges, which are not within our control or knowledge, should be clarified with your provider. Payment for your order can be initiated through various means, including but not limited to credit card, debit card, or bank transfer. Should you opt for the bank transfer method, you will receive the necessary payment instructions via email from us subsequent to the confirmation of your order.
Once your order has been formally accepted by us, we will dispatch an order confirmation to the email address associated with your Account. The date on which this order confirmation email is sent to you marks the effectiveness of your order confirmation. In cases where we are unable to accept your order, we will initiate contact via email to apprise you of the situation. We strongly encourage you to review the details outlined in the confirmation email to ensure accuracy. If any errors are identified, please make prompt contact with our customer service team via email.
Order Tracking Through the Website or via Email Notifications : Post placement of your order, you will have the ability to monitor its status through the Website. Alternatively, you may receive email notifications at various stages of the order fulfillment process. This feature provides you with insights into the progression of your order, including stages such as order acceptance, production, dispatch, and delivery.
Shipping: : TWe commit to delivering your order to the shipping address you provide. We will use a third-party shipment carrier to deliver your order. While we make diligent efforts to ensure timely shipment in accordance with the estimated delivery time communicated in our confirmation email, please be aware that the actual delivery period may vary based on the specifics of your shipping address. It is important to recognize that any shipping and delivery dates we communicate are approximations, and we do not accept liability for any resulting damage or additional costs resulting from shipping or delivery delays. Once your order is transferred from our possession to the shipment carrier, the title and risk of loss are transferred to you.
Cancellation of Order, Product Return : Due to the personalized nature of our Services, specifically the creation of products based on your unique specifications, you are not permitted to cancel your order after it has entered the production phase.
Factori.com and Sushine Exports are dedicated to delivering top-quality products and services. The following terms outline the warranty, disclaimers, and responsibilities pertaining to our offerings:
Product Warranty : We warrant that any product manufactured by us will substantially meet the features of the indicated product within the constraints of the fabrication technology. However, please be aware that this warranty is subject to the inherent limitations of the manufacturing process. You assume sole legal responsibility for the design specifications and performance of the product.
Product Suitability : While we make every effort to provide products of the highest quality, we do not provide warranties concerning the fitness of the product for specific purposes. It is your responsibility to determine whether the product meets your intended purpose.
Thorough Inspection upon Receipt : We strongly advise you to inspect the received product promptly. If you identify any defects or issues that warrant a warranty claim, please notify us within 7 days of receiving the product. We will only entertain such claims during this 7-day window following product receipt.
Warranty Claim Process : If you intend to raise a warranty claim within the stipulated 7-day period, please refrain from returning the product immediately. Instead, contact our customer service team to initiate the necessary steps for validating your warranty claim. Subsequently, we will assess your claim to determine whether you qualify for a replacement or refund.
Shipping Costs for Faulty Products : In the event of a valid warranty claim, we will cover the transportation expenses associated with returning the defective product. This demonstrates our commitment to addressing genuine warranty concerns.
No Claims after 7 Days : Failure to notify us of a potential warranty issue within the stipulated 7-day time-frame will lead us to assume that the product aligns with the design and performance specifications you provided.
Limited Special Relationship : Please note that our relationship with you does not entail a special duty or fiduciary responsibility. Specifically, we are not obligated to take actions related to: (a) determining which users gain access to our Services, (b) controlling your content access through our Services, or (c) influencing your interpretation or utilization of the content available via our Services.
Content Representation : We do not make representations regarding the content, including products, accessed or contained within our Services. As a result, we disclaim any responsibility or liability for the accuracy, copyright compliance, or legality of the content accessed through our Services.
Services and Content "As Is" : Our Services and content are provided on an "as is," "as available" basis, without any form of warranty. This includes both express and implied warranties. We explicitly disclaim any warranties pertaining to title, non-infringement, mercantability, or fitness for a particular purpose. Furthermore, any implied warranties arising from industry norms or trade practices are disclaimed.
Services and Content Limitations : It is important to note that we do not guarantee the security, availability at specific times or locations, or absence of defects or errors in our Services. We also do not ensure that content or software accessible via our Services is devoid of viruses or other harmful components. Additionally, we do not guarantee that the outcomes derived from using our Services will meet your requirements or expectations.
Use of Services at Your Own Risk : Your use of our Services is undertaken at your own risk. While we strive to ensure consistent and reliable operation of the Website, we do not guarantee uninterrupted, flawless operation. Your utilization of the content and services is solely your responsibility and is subject to your judgment and decisions.
Material Selection Responsibility : Please note that the responsibility for selecting suitable materials that align with your specified requirements rests entirely on you. We bear no responsibility for this selection and any subsequent implications thereof.
Use of the Website
Sushine Exports offers access to our Website, subject to the following terms and conditions:
Copyright and Proprietary Rights : The content within our Website and Services, including software, audio, video, text, and photographs (excluding User Generated Content), is protected by copyright and other proprietary rights owned by Sushine Exports or its licensors, authorised assignees, legal representatives etc. Any rights not explicitly granted herein are reserved. Unless otherwise indicated, the content on this Website can be reproduced or distributed in unmodified form solely for personal, non-commercial use, provided it is attributed to Sushine Exports. Any other use, including but not limited to distribution, reproduction, modification, display, or transmission without prior written consent from Sushine Exports is considered unauthorized and actionable under law.
No Automated Harvesting : You agree not to employ any automated device, robot, spider, or manual process to monitor, copy, or extract content from our Services. Such actions are prohibited, as they violate our intellectual property rights.
Service Ownership and Software : Our Services and associated software are our property, and all rights to them are reserved. This includes the Services developed and provided by us, as well as any software associated with the Services or used in operating the Website and Applications.
External Links : Our Website may contain links to third-party websites not under the control of Sushine Exports We are not responsible for the content of these external websites. While we provide such links for convenience, the inclusion of a link does not signify endorsement of the linked content. You acknowledge that accessing external resources through these links is at your own risk.
Temporary Downtime and Updates : Our Services, being web-based, might experience temporary downtime or unavailability due to various factors. Additionally, we may periodically update our Website, leading to temporary unavailability. Although we make efforts to minimize disruptions, we do not guarantee uninterrupted service.
User Generated Content
The term "User Generated Content" in this context refers to any content you upload to Website or Applications. This includes, but is not limited to, uploaded product designs, images of products, comments, specifications in product orders, and the fabricated products resulting from your User Generated Content. When engaging with User Generated Content on our Website, you agree to the following terms:
Content Standards : User Generated Content must adhere to certain standards. It should not be abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal, or unlawful in nature. Furthermore, it must not infringe upon or violate any intellectual property rights, including but not limited to copyright, trademark, patent, trade secret, design rights, or other proprietary rights.
Responsibility for Content : You acknowledge that Sushine Exports is not obliged to review User Generated Content. Consequently, we cannot be held responsible for the content of such User Generated Content.
Opinions expressed in User Generated Content do not necessarily represent the views of Sushine Exports.
License Grant : By submitting User Generated Content through our Services or Website, you hereby grant Sushine Exports a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable, and transferable license. This license permits us to use, edit, modify, reproduce, distribute, create derivative works of, display, perform, and otherwise exploit the User Generated Content. This exploitation includes the promotion and redistribution of all or part of the Website, Services, and derivative works through various media formats and channels, including third-party websites and feeds.
User Access : By submitting User Generated Content, you also grant each user of the Website and Services a non-exclusive license to access your User Generated Content through the Website and Services.
Additionally, users are granted the ability to share User Generated Content on blogs and social media platforms, provided such sharing prominently links back to the relevant product page on the Website and/or Applications. It is not permitted to carry out such sharing on websites, applications or social media sites that directly or indirectly compete with Sushine Exports or the Services being provided by it.
Ownership and Additional Licenses : This license granted to Sushine Exports and other users does not affect your ownership or license rights in your User Generated Content. You maintain the right to grant additional licenses to your User Generated Content, unless otherwise mutually agreed upon in writing.
Representation and Warranty : By uploading User Generated Content, you represent and warrant that you possess all necessary rights to grant these licenses to Sushine Exports without infringing upon or violating any third-party rights. This includes privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Intellectual Property Rights of Designs
Retained Intellectual Property Rights : As a designer, you retain full ownership of all intellectual property rights in your products and designs. This includes, but is not limited to, any and all derivative works such as 3D renders of your designs.
Originality and Non-Copying : By uploading your products and designs to the Website, you represent and warrant that these creations are original and not copied from any third party or entity. You further represent and warrant that you possess all rights necessary to grant the licenses detailed below.
Grant of License : By uploading your product designs to the Website, you grant Sushine Exports a non-exclusive, royalty-free, worldwide, transferable, and sub-licensable right and license. This license allows Sushine Exports to use your product designs for the manufacturing of the products in order to fulfill the orders placed by customers and for the other purposes detailed above such as promotion of its Services.
Mutual Understanding of Licensing : You understand and acknowledge that Factory.com and Sushine Exports Private Limited's use of your product designs is for the purpose of manufacturing products according to customer orders and for carrying out its business and it does not impact your use of your own designs.
Consent to Use of Personal Data
By utilizing the Services , you explicitly agree to the collection and utilization of your personal data. This clause elucidates the manner in which personal data is collected, processed, and used:
Purpose of Data Usage : The collected personal data shall be used solely for the purpose of delivering the Services. This encompasses activities such as processing orders, facilitating communications, and improving the overall user experience.
Data Processing : Sushine Exports shall process your personal data in accordance with applicable laws and regulations. This includes taking necessary precautions to ensure the security and confidentiality of the data.
Third-Party Involvement : In certain instances, Sushine Exports may engage third-party service providers to assist in various aspects of data processing. These service providers will be bound by agreements to maintain the security and confidentiality of your personal data.
Data Protection Rights : You retain certain rights concerning your personal data, including the right to access, rectify, and delete your data. If you wish to exercise these rights or have any concerns about the usage of your personal data, please contact Sushine Exports through the designated channels.
Retention of Data : Sushine Exports shall retain your personal data only for as long as necessary to fulfill the purposes outlined in this clause. Upon the completion of these purposes, your data will be securely deleted or anonymized.
Children's Privacy : Sushine Exports Private Limited does not collect personal data from individuals under the age of 18. If you are a parent or guardian and discover that your child has provided personal data, please contact Sushine Exports to have this data removed.
Third Party Services
Your usage of the Website and Services may grant you the capability to link to other websites, services, or resources on the internet. Similarly, other websites, services, or resources might contain links to the Website and Applications. In these instances, it is vital to understand the terms and conditions surrounding these interactions:
Third-Party Resources : When you access third-party resources through the internet, you do so with an awareness of the associated risks. Sushine Exports does not have control over these external resources and thus cannot assume responsibility or liability for their content, functions, accuracy, legality, appropriateness, or any other aspect.
Endorsement Disclaimer : The inclusion of links to external websites on the Website is provided purely as a convenience to users. This should not be interpreted as an endorsement or association between Sushine Exports and the operators of these external sites.
Risk and Liability : Sushine Exports shall not be held responsible or liable, either directly or indirectly, for any damage or loss stemming from the use or reliance on the content, goods, or services available through these external websites or resources.
No Control : Sushine Exports does not exercise control over the availability, content, or functioning of external websites or resources. You acknowledge and accept that any access or usage of these external resources is at your own risk.
No Responsibility for Content : Sushine Exports does not take responsibility for any losses incurred due to interruption of the Website or suspension of your access to the Website.
Payment & Billing
Responsibility for Payment : By opting to use Paid Services, you affirm your commitment to paying Sushine Exports, through the Payment Processor, all charges at the currently effective prices for using such Paid Services. This adherence to payment terms includes authorizing Sushine Exports , through the Payment Processor, to charge your designated payment method (your "Payment Method").
Information Accuracy : You undertake the responsibility of providing up-to-date, accurate information for your Billing Account. Timely updates must be made for any changes, such as a new billing address, a modified credit card number, or an updated credit card expiration date. Should your Payment Method be canceled or subject to a potential security breach, you are obligated to notify Sushine Exports or the Payment Processor promptly.
Billing Errors : Sushine Exports reserves the right to correct any errors or inaccuracies in the billing process, even if payment has been requested or received.
Payment Agreement : The specifics of your payment are determined by your Payment Method and the agreements between you and the financial institution, credit card issuer, or other Payment Method provider. Sushine Exports is not liable for errors or issues arising from the Payment Method's agreement.
Accumulation of Charges : Sushine Exports retains the right to aggregate incurred charges and submit them as single or multiple collective charges during or at the end of each billing cycle.
Payment Method Change : In the event that the amount to be charged to your Billing Account differs from the pre-authorized amount (excluding sales tax variations), Sushine Exports shall notify you of the charge amount and date before the transaction takes place.
No Waiver of Payment : Failure to receive payment from you, whether due to issues with the Payment Processor or otherwise, obligates you to settle all dues on your Billing Account as soon as requested by Factory.com and Sushine Exports Private Limited.
Currency Conversion and Fees : If you make a payment in a currency that differs from your payment method's currency, your payment provider may impose currency conversion rates or fees. These charges are beyond the control or knowledge of Sushine Exports Private Limited. It is recommended that you seek information on these fees from your payment provider.
Promotions and Free Trials : Any access to Paid Services through free trials or promotions must adhere to the specified time frame.
You agree to undertake the responsibility of defending, indemnifying, and holding harmless Factori.com, Sushine Exports Private Limited, their affiliates, as well as each of their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses that arise from or relate to:
User Generated Content : Your User Generated Content and its impact, which includes comments, specifications, product designs, pictures of products, and other contributions made by you on the website. This obligation extends to any content that is abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal, or in any way infringes or is likely to infringe upon intellectual property rights or any other rights of third parties.
Third Party Claims : Infringement by you or any third party using your Account or identity in relation to the services, of any intellectual property or other right, claim, or action, including but not limited to personal injury, property damage, copyright infringement, trademark infringement, or other legal violations.
Legal Costs and Expenses : You agree to cover reasonable attorneys’ fees and other associated expenses that Sushine Exports , or their affiliates may incur due to such claims or actions.
Sole Legal Responsibility : It's understood that Sushine Exports maintains no special relationship with or fiduciary duty to you. You acknowledge that they have no duty to take any action concerning the content you access or how you interpret or use it.
In the event that a claim or action falls within the scope of this indemnity provision, Sushine Exports reserve the right to assume the exclusive defense and control of the matter. This includes selecting legal representation, handling negotiations, and other proceedings related to such claims or actions. You agree to cooperate fully with Sushine Exports in asserting any available defenses and providing any necessary information or assistance.
Limitation of Liability
In no event shall Factori.com, Sushine Exports , their directors, employees, agents, partners, or suppliers be liable under any contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the services offered:
Loss and Damages : Sushine Exports shall not be liable for any direct, indirect, incidental, exemplary, special, punitive, compensatory, or consequential loss, damage, or injury of any kind, including but not limited to:
Loss of income
Loss of profits
Loss of contracts
Loss of data
Cost of procurement of substitute goods or services
Any other indirect, incidental, or consequential loss or damage
Bugs, Viruses, and Similar Issues : Sushine Exports shall not be liable for any damage or loss resulting from bugs, viruses, or similar issues, regardless of the source of origination.
Direct Damages : Any liability of Sushine Exports for direct damages shall be limited to the actual amount paid by you to for the specific service or product that gave rise to the claim if such damages can be proved.
This limitation of liability extends to any circumstances or events, regardless of whether they were foreseeable or not, and whether or not Sushine Exports was advised of the possibility of such damages. You acknowledge and agree that this limitation of liability is an essential basis of the agreement between you and Sushine Exports.
Any legal proceedings arising out of or in connection with this agreement shall be brought exclusively in the courts located in Bangalore, India. You hereby consent to the exclusive jurisdiction of such courts and waive any objections to the exercise of jurisdiction over you by such courts.
Force Majeure : In no event shall Sushine Exports be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services. It's understood that Sushine Exports Private Limited shall make reasonable efforts consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Feedback : Sushine Exports welcomes all comments, suggestions, recommendations, and feedback (collectively, "Feedback") to improve its services. By submitting Feedback, you grant Sushine Exports Private Limited a worldwide, royalty-free, irrevocable, perpetual license to use and incorporate any Feedback in connection with its services.
Changes to These Terms