The words of which the initial letter is capitalized have meanings defined under the following conditions. These definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Disclaimer:
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Disclaimer) refers to Hamaish, the owner and operator of https://hamaish.com/.
Service refers to the Website, including all pages, product listings, checkout pages, customization tools, artwork previews, communications, digital content, customer support channels, and any related services offered by the Company through https://hamaish.com/.
Website refers to Hamaish, accessible from https://hamaish.com/.
You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Products means any goods, custom-made items, personalized artwork, paintings, prints, framed works, gift items, digital previews, downloadable materials, and related merchandise offered through the Service.
User Content means any content submitted by You to the Service, including without limitation photographs, images, text, names, messages, artwork instructions, personalization requests, reviews, comments, feedback, and other materials.
Third-Party Services means any external platforms, payment processors, logistics providers, social media platforms, print or production partners, plugins, analytics services, communication tools, or websites not owned or directly controlled by the Company.
General Disclaimer
The information contained on the Service is provided for general informational and commercial purposes only.
While the Company makes reasonable efforts to ensure that the information on the Service is accurate, current, and complete, the Company makes no representation or warranty of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, availability, or timeliness of any content, product description, pricing, artwork preview, delivery estimate, promotion, policy summary, or other material displayed on the Service.
All content on the Service is provided on an “as is” and “as available” basis. Your use of the Service is entirely at Your own risk.
To the fullest extent permitted by applicable law, the Company shall not be liable for any loss or damage of any kind arising out of or in connection with:
Your access to, use of, or inability to use the Service;
Any reliance placed on information provided through the Service;
Any errors, omissions, interruptions, delays, or inaccuracies in the Service;
Any transaction entered into through the Service;
Any unauthorized access to or use of servers, systems, or data;
Any bugs, viruses, malware, or other technologically harmful material that may affect the Service.
The Company reserves the right to add, remove, modify, suspend, discontinue, or update any aspect of the Service at any time without prior notice, including but not limited to products, pricing, offers, product descriptions, customization options, policies, content, or availability.
E-Commerce and Product Information Disclaimer
The Service may display product descriptions, specifications, sample images, mockups, previews, dimensions, colors, materials, framing options, estimated turnaround times, shipping timelines, and other information relating to Products.
Although the Company attempts to present Products as accurately as possible, the Company does not guarantee that:
Product images, mockups, previews, or samples will exactly reflect the final delivered Product;
Colors will appear identically across all devices, screens, printers, materials, or lighting conditions;
Product sizing, scale, framing, cropping, orientation, texture, brush style, print finish, or presentation will be identical to what You perceived on Your screen;
Every detail of a submitted image will be reproduced exactly in the final custom Product;
All Products will meet every subjective preference or expectation.
Because certain Products may be handmade, custom-produced, artist-rendered, printed on demand, or otherwise personalized, slight variations may occur and shall not automatically be considered defects.
The Company is not responsible for dissatisfaction arising from subjective artistic preferences, differences in monitor display, color variation, resolution limitations in customer-submitted files, cropping necessary for production, or inaccuracies in personalization instructions provided by You.
Custom and Personalized Products Disclaimer
Where the Service offers custom, made-to-order, or personalized Products, You acknowledge and agree that:
The final Product is created based on the photographs, text, instructions, and materials submitted by You.
The quality of the final Product depends in part on the quality, resolution, composition, lighting, and suitability of the source material You provide.
The Company may make reasonable artistic, technical, formatting, sizing, cropping, retouching, or production adjustments as necessary to complete the order.
Preview images, mockups, or digital representations are for illustrative purposes only and may differ from the final physical Product.
Personalized Products may not be eligible for cancellation, return, exchange, or refund except where required by law or expressly stated in the Company’s applicable policies.
The Company is not liable for outcomes caused by poor-quality uploads, inaccurate spelling, incomplete customization instructions, late change requests, or content supplied by You that is unsuitable for production.
User Content and Photo Submission Disclaimer
If You upload, submit, or otherwise provide photographs, artwork, names, text, or other User Content to the Service, You represent and warrant that:
You own or control all necessary rights, licenses, permissions, and consents to submit such User Content;
Your User Content does not infringe any copyright, trademark, privacy, publicity, moral, or other proprietary rights of any third party;
Any individuals depicted in submitted photographs have granted any necessary permission for use, where required;
Your User Content does not contain unlawful, defamatory, obscene, hateful, abusive, discriminatory, or otherwise objectionable material;
Your User Content does not violate any law, regulation, or third-party right.
The Company may rely on the foregoing representations and shall have no independent obligation to verify ownership, authorship, or consent related to any User Content submitted by You.
You understand and agree that the Company shall not be liable for any claim, loss, dispute, or damage arising from:
Your lack of rights or authority to use submitted content;
Any alleged infringement caused by the materials You provide;
Any misuse of another person’s likeness, image, artwork, or intellectual property by You.
You agree to indemnify and hold harmless the Company from and against any claims, liabilities, damages, losses, costs, and expenses arising out of or related to User Content submitted by You.
Intellectual Property Disclaimer
Unless otherwise stated, the Service and its original content, features, branding, design elements, logos, text, product layouts, graphics, artwork formats, code, and functionality are and shall remain the exclusive property of the Company and/or its licensors.
Nothing in this Disclaimer or on the Service grants You any license or right to use any trademark, logo, design, image, text, or other content of the Company without prior written permission.
Any third-party names, brands, trademarks, product names, images, or materials appearing on the Service are the property of their respective owners. Their appearance does not imply affiliation, sponsorship, endorsement, or authorization unless expressly stated.
Third-Party Rights Disclaimer
The Company does not knowingly permit the use of content that infringes the rights of others. However, because the Service may rely on customer-submitted materials, the Company cannot guarantee that all uploaded or submitted content is properly authorized.
If You believe that content associated with the Service infringes Your intellectual property or other rights, You should contact the Company promptly at info@hamaish.com with sufficient detail for investigation and response.
The Company reserves the right to remove, reject, suspend, or cancel any order, submission, or content that it believes may violate third-party rights, applicable law, or Company policies.
Pricing, Availability, and Promotional Disclaimer
All prices, discounts, offers, promotions, shipping fees, production times, and availability are subject to change without notice.
The Company does not guarantee that:
Any listed price will remain in effect for any period of time;
Any promotion, coupon, or discount will be available, valid, or applicable to Your order;
Any Product will remain in stock or available for purchase;
Any typographical, technical, pricing, or promotional error will be corrected before You place an order.
The Company reserves the right to cancel, refuse, or limit any order placed for a Product listed at an incorrect price or with incorrect information, even if the order has been confirmed or payment has been processed, subject to applicable law.
Order, Fulfillment, and Shipping Disclaimer
The Company may use third-party payment processors, production partners, couriers, fulfillment providers, customs agents, and logistics services to process and deliver orders.
Estimated processing, production, dispatch, and delivery times are estimates only and are not guaranteed unless expressly stated in writing.
The Company is not liable for delays, failed deliveries, losses, damages, customs holds, duty assessments, weather events, carrier disruptions, supply shortages, labor disputes, force majeure events, address errors supplied by You, or other circumstances beyond the Company’s reasonable control.
You are responsible for ensuring that all shipping, billing, contact, and customization information submitted with an order is accurate and complete.
The Company shall not be responsible for delivery issues arising from:
Incorrect or incomplete addresses;
Failure to accept delivery;
Unavailability of the recipient;
Customs clearance delays;
Failed attempts by the delivery carrier;
Theft, damage, or loss occurring after confirmed delivery.
International Orders Disclaimer
If the Service accepts international orders, You acknowledge that orders shipped outside the Company’s home jurisdiction may be subject to customs duties, import taxes, VAT, brokerage fees, inspection delays, import restrictions, and other local charges.
The Company makes no representation that Products or the Service are appropriate, lawful, or available for use in every country or jurisdiction. You are solely responsible for compliance with local laws and for payment of any import-related charges unless otherwise stated by the Company.
The Company shall not be liable for delays, confiscations, rejections, or extra costs imposed by customs authorities or foreign regulations.
Accuracy of Artwork, Previews, and Mockups Disclaimer
Any preview, sample, rendering, illustration, or mockup shown on the Service is intended only to provide a general visual representation of the Product.
The final Product may differ from the preview due to:
Manual artistic interpretation;
Print and production limitations;
Cropping or scaling adjustments;
Material and substrate differences;
Frame style or mounting differences;
Packaging and presentation variations.
The Company does not warrant exact replication of any digital preview in the final delivered Product.
Testimonial, Review, and Results Disclaimer
The Service may feature reviews, testimonials, ratings, photos, or customer feedback. Such content reflects individual experiences and opinions and is provided for informational purposes only.
The Company does not guarantee that all customers will have the same experience or achieve the same result. Testimonials are not a guarantee of satisfaction, product suitability, artistic outcome, or delivery experience.
User reviews may be moderated, summarized, shortened, or removed in accordance with Company policies and applicable law.
External Links Disclaimer
The Service may contain links to external websites, platforms, marketplaces, social media pages, payment services, service providers, or other resources that are not provided, maintained, or controlled by the Company.
The Company does not warrant, endorse, guarantee, or assume responsibility for the accuracy, legality, availability, security, relevance, or completeness of any information, products, or services offered by third-party websites.
The Company shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party websites, services, content, products, or practices.
You should review the terms, policies, and practices of any third-party site You visit.
Errors and Omissions Disclaimer
The Service may contain typographical mistakes, inaccuracies, omissions, outdated information, or technical errors, including in relation to product details, descriptions, pricing, offers, artwork examples, estimated delivery times, and policy summaries.
While the Company endeavors to minimize such errors, it does not guarantee that all content will always be accurate, complete, or current.
The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
No Professional Advice Disclaimer
Any content provided through the Service, including FAQs, blog content, support messages, care suggestions, gift recommendations, order guidance, or other information, is provided for general informational purposes only.
Nothing on the Service constitutes or is intended to constitute legal, financial, tax, accounting, medical, therapeutic, design, or other professional advice.
You should consult an appropriate qualified professional before relying on any information from the Service where professional advice is required.
Fair Use Disclaimer
The Service may contain references to copyrighted content, third-party materials, brand names, or user-submitted materials for purposes such as commentary, education, criticism, review, illustration, comparison, customer reference, or lawful commercial display.
Any such use is believed to be lawful under applicable intellectual property laws or based on the authorization, representation, or license granted by the submitting user or other rights holder.
If You believe any material on the Service is used improperly, please contact the Company at info@hamaish.com
Views Expressed Disclaimer
Any opinions, statements, comments, reviews, blog posts, social media embeds, testimonials, or user-generated content displayed on the Service are solely those of the respective authors and do not necessarily reflect the official views of the Company.
The Company is not responsible for user-submitted comments, reviews, or opinions and disclaims liability for any statements made by users or third parties.
The Company reserves the right, but not the obligation, to monitor, edit, remove, reject, or disable any user content for any reason, including suspected violation of law, third-party rights, or Company policy.
Availability and Technical Issues Disclaimer
The Company does not guarantee that the Service will be uninterrupted, secure, error-free, or continuously available.
Access to the Service may be suspended, restricted, or interrupted for maintenance, updates, repairs, technical failures, system overload, cyber incidents, hosting disruptions, or other reasons beyond the Company’s control.
The Company shall not be liable for any loss of data, business interruption, lost profits, failed transactions, or other damages resulting from downtime, technical malfunction, or service interruption.
Viruses and Harmful Components Disclaimer
Although the Company takes reasonable measures to maintain the security of the Service, the Company does not warrant that the Service, servers, emails, downloads, or any content made available through the Service are free from viruses, malware, trojan horses, worms, or other harmful components.
You are responsible for implementing appropriate safeguards, including antivirus protection, backups, and security controls, before accessing or using the Service.
Limitation of Liability Disclaimer
To the fullest extent permitted by applicable law, the Company, its owners, directors, officers, employees, affiliates, agents, contractors, licensors, suppliers, production partners, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, data, or anticipated savings, arising out of or in connection with:
The Service;
Any Products purchased through the Service;
Any customization or personalization request;
Any user-submitted content;
Any delay or failure in performance;
Any third-party act or omission;
Any unauthorized access to or use of data or systems.
Where liability cannot be excluded under applicable law, the Company’s total aggregate liability shall be limited to the amount actually paid by You to the Company for the specific Product or Service giving rise to the claim, to the maximum extent permitted by law.
Nothing in this Disclaimer excludes liability that cannot be excluded under applicable law, including certain statutory consumer rights.
No Warranty Disclaimer
The Service and all Products, content, functionality, and materials made available through it are provided “as is” and “as available”, without warranties of any kind, whether express, implied, statutory, or otherwise.
To the fullest extent permitted by law, the Company disclaims all warranties, including but not limited to:
Merchantability;
Fitness for a particular purpose;
Non-infringement;
Accuracy;
Availability;
Reliability;
Compatibility;
Security;
Quiet enjoyment.
The Company does not warrant that the Service will meet Your expectations or requirements, or that any defects will be corrected.
Consumer Rights Disclaimer
Nothing in this Disclaimer is intended to exclude, limit, or override any rights You may have under applicable consumer protection laws that cannot lawfully be excluded or limited.
If You are entitled to mandatory statutory rights under the laws of Your jurisdiction, those rights remain unaffected by this Disclaimer to the extent required by law.
Indemnity Disclaimer
You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, employees, contractors, agents, licensors, suppliers, and service providers from and against any claims, losses, liabilities, damages, judgments, awards, costs, and expenses, including reasonable legal fees, arising out of or related to:
Your use of the Service;
Your breach of this Disclaimer or any other Company policy;
Your violation of any law or third-party rights;
Any User Content submitted by You;
Any personalization instruction, image, photograph, message, or material supplied by You.
“Use at Your Own Risk” Disclaimer
Your use of the Service, reliance on any information provided through the Service, submission of any User Content, and purchase of any Product are solely at Your own risk.
You are solely responsible for:
Evaluating whether a Product is suitable for Your needs;
Verifying the accuracy of personalization details before submitting an order;
Ensuring You have the legal right to use submitted photos and content;
Reviewing Company policies before purchasing;
Complying with all applicable laws.
The Company shall not be liable for any decision made or action taken by You in reliance on the Service or any content made available through it.
Changes to This Disclaimer
The Company reserves the right to amend, revise, update, or replace this Disclaimer at any time, in its sole discretion.
Any changes will become effective when posted on the Website unless otherwise stated. Your continued use of the Service after any changes are posted constitutes Your acceptance of the revised Disclaimer.
You are encouraged to review this Disclaimer periodically.
