By using this, you agree to follow & be bound by the Legal Agreements & Policies, which will be a Legally Enforceable Agreement between you and icustommadeit. Legally Enforceable Agreement between you and icustommadeit.
The icustommadeit Trust and Safety Program provides certain benefits to a buyer when
(1) A Project is, or a Buyer claims that a Project is, delivered in a form that substantially differs from the requirements of the Project Agreement;
(2)A Creator fails, or Buyer claims that a Creator has failed, to deliver a Project (hereinafter for the sake of brevity, collectively referred to as "Covered Issues").
In the event that icustommadeit determines, following the conduct of the Dispute Resolution Program defined below, that you have suffered a loss as a result of a Covered Issue involving a Covered Project, and if the Creator involved has not delivered the Project or a replacement Project in a form that complies with the requirements of the Project Agreement, icustommadeit will pay to you the lesser of the total price for the Project reflected in the Project Agreement (including taxes and delivery or shipping charges), or Rs. 1,00,000/- (One Lakh Only) . Without prejudice to the foregoing, but for the avoidance of doubt, in no event shall icustommadeit be responsible for your failure to pay a Creator for a Project or for any harm or damage that a Project causes. icustommadeit's determination as to whether there has been a loss as a result of a Covered Issue involving a Covered Project shall be final and binding.
Nothing in the icustommadeit Trust and Safety Program shall require icustommadeit to make any payments as a result of fraud or theft by or against any Buyer. Buyers shall, however, submit any allegations of fraud or theft to the Dispute Resolution Program.
You are eligible to initiate a claim under and to participate in the icustommadeit Trust and Safety Program with respect to a Project if you and the Project otherwise satisfy the requirements of this Program and if all the following conditions are met:
1. You are a party to a Project Agreement for the Project at issue.
2. You have a valid, active, non-suspended account on the icustommadeit portal.
3. You have complied with all the terms of this Agreement in their entirety, including but not limited to having satisfied all payment obligations here under and having used or accepted only an Approved Payment Mechanism for the Project.
4. All correspondence between you and the Creator/s involved occurred in writing through the icustommadeit portal strictly in compliance with the terms and conditions set out therein.
5. You entered into a Project Agreement concerning the Project at issue using the electronic communication tools/ internal messaging system on the icustommadeit portal.
6. You submitted the matter for which you seek coverage under the icustommadeit Trust and Safety Program to icustommadeit within 45 days from the later of the date you first alleged that a Creator breached the Project Agreement or you received the Project from the Creator.
7. You have maintained or returned to the Creator (with written proof of delivery, including a signature for receipt) any item at issue in the dispute.
8. You have not breached the Project Agreement.
Limitations & Restrictions
The icustommadeit Trust and Safety Program is not a product warranty or a solution for buyer's remorse. The icustommadeit Trust and Safety Program does not apply where the Buyer initiating the claim has been or may be compensated by a third party. icustommadeit reserves the right, in its sole discretion, to determine whether a Project qualifies as a Covered Project.
As part of the icustommadeit Trust and Safety Program, icustommadeit will host a dispute resolution process called the "Dispute Resolution Program." All disputes between you and the creator arising out of or relating to a Covered Issue or a claim of fraud or theft shall be submitted to the Dispute Resolution Program. To initiate the Dispute Resolution Program, you must be involved in a dispute with the Creator concerning a Covered Issue or allegation of fraud or theft, satisfy the eligibility requirements of Program, and have made a good faith attempt to resolve the dispute. In cases involving a claim that you have not timely received delivery of the Project, you shall not initiate the Dispute Resolution Program earlier than 15 days after the delivery date required or anticipated by the Project Agreement.
If you seek to initiate the Dispute Resolution Program for a claim that is otherwise eligible for the Program, you will be required to do so by sending an email to our support team at email@example.com with all the relevant information of the case. After icustommadeit receives the communication, icustommadeit will determine whether the dispute is eligible for the Dispute Resolution Program.
If icustommadeit determines that a dispute is eligible for the Dispute Resolution Program, icustommadeit will contact the Creator to notify them that they will have up to 15 days to respond to your submission and any icustommadeit inquiries concerning the matter, and for the Creator to propose a resolution to you. Following icustommadeit's receipt of any response, you will have 15 days to accept or reject the proposed resolution. If you reject the proposed resolution, you will be required to make a counterproposal at the time of rejection. The Creator will have up to 15 days to respond to any counterproposal. At any point, icustommadeit may, in its discretion, contact you or the Creator for further information. If icustommadeit seeks further information, the party from whom information is sought will have up to 15 days to respond to icustommadeit's inquiry.
After no more than thirty (30) days from the later of the date icustommadeit receives all of the information it requests (or from the passage of 15 days without a response) and the date that a counterproposal is rejected, icustommadeit will issue a written determination of the merits of the dispute.
If the Creator's offer in response to a claim by you includes a full refund of the purchase price for the Project (including taxes and shipping or delivery costs), and that offer resolves the dispute, icustommadeit will transfer to you any Project Fee that has been paid once the same has been refunded by the Creator to icustommadeit.
In the event icustommadeit determines that the Creator failed to deliver the Project or delivered the Project in a form that was substantially different from what the Project Agreement required, you shall have the option, upon your having returned the Project to Creator (if applicable), either to receive a replacement Project that complies with the Project Agreement or proceed with icustommadeit's Trust and Safety Program provided all conditions of the same are adhered to.
You agree that prior to and during the pendency of a proceeding under the Dispute Resolution Program, you will not initiate any credit card, bank, or other charge backs concerning the Project.
If a Buyer initiates a dispute that includes a claim of fraud or theft, icustommadeit will determine, in its sole discretion, whether to proceed with the Dispute Resolution Program pursuant to this Program or to refer the matter to any Payment Processor through which payment for the Project was made. You agree that if the matter is referred to a Payment Processor, you will work with the Payment Processor and comply with any applicable Payment Processor rules and procedures for resolving the dispute icustommadeit will not be responsible under the icustommadeit Trust and Safety Program or otherwise for any losses due to fraud or theft, regardless of whether the matter proceeds through the Dispute Resolution Program.
You agree that for disputes to which the Dispute Resolution Program applies, you will participate in the Dispute Resolution Program, do so in good faith, and comply with its procedures.
As an additional, separate, and distinct condition to the icustommadeit Trust and Safety Program, you agree that icustommadeit, as limited guarantor, has the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages at issue, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under the icustommadeit Trust and Safety Program by, or on behalf of, icustommadeit, you will assist in and cooperate fully with icustommadeit regarding any and all subrogation efforts.
In case the afore stated Trust and Safety Program is invoked and the price paid by you for the project is refunded by Creator and transferred by icustommadeit, you hereby expressly agree to waive off any right to claim damages or specific performance against icustommadeit in respect of the Project.