TERMS AND CONDITIONS
1. Overview
A. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. And this document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011.
B. Please read these terms and conditions carefully.
2. General
A. Phodio is a platform where professional photographers and videographers exhibit their imaging styles, previous works done, etc. subject to the Terms and Conditions enlisted hereunder. The Website, www.phodio.in is owned and operated by Phodio Pvt. Ltd., having its registered office at No. 26, J.J Plaza (First floor), All Mart Road, Vivekananda Street, Katpadi, Vellore – 632014.
B. The terms “we”, “us”, “our”, “the platform”, and “Phodio” are references to the Company. The terms ‘buyer(s)’, visitor(s)’, ‘user(s)’ and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Platform at any point in time.
C. Phodio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
D. By accessing this Platform, you agree to be bound by all the Terms and Conditions mentioned herein and acknowledge that it constitutes an agreement between you and Phodio. You agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to these terms, kindly refrain from using services provided by us.
3. Amendments:
A. These Terms and Conditions may be updated by Phodio from time to time without any personal notice to you. It is recommended that you frequently review the Terms and Conditions, as available and updated on our website.
B. Your continued use of our platform after the publication of the updated ‘Terms and Conditions’ shall constitute your consent to the updated Terms and Conditions.
4. Eligibility
A. Persons and individuals who are “incompetent to contract” within the meaning of Section 11 the Indian Contract Act, 1872 including un-discharged insolvents, etc. shall not be eligible to avail the services provided by us.
B. To be eligible for using the platform, the user should be competent to enter into a contract i.e., you should have attained the age of majority. This Website is not intended for use by anyone who has not attained the age of majority. If your age is below 18 years, your parents or legal guardians can transact on behalf of you.
5. License & Site access:
A. Phodio grants you a limited sub-license to access and make personal use of this site and not to download or modify any portion of it. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
B. You shall not reproduce, duplicate, copy, sell, or exploit the platform or any part of it including but not limited to any of its offerings and the same shall not be exploited for any commercial purpose. Any unauthorized use of your license to access/use the Website.
C. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, ‘password mining’ or any other illegitimate or unlawful
6. Pricing
A. The prices quoted at the time of request to avail our services will be the prices charged at the time of the delivery. Phodio may also charge an additional service fee, over and above the quoted price as and when required for any additional services that are availed by the user.
7. Your Conduct
A. You consent, agree and undertake that you shall use the Website in conformity with the Law of the land and these Terms and A breach or violation of any of the Terms will result in an immediate termination of your Services. As a user of our Website, you restrained from undertaking the following activities:
- Gain or attempt to gain unauthorized access to the Website or any constituents of it, by data and password mining, hacking or any other illegitimate/unlawful means. The use of our Website for any commercial or otherwise unlawful purposes is expressly
- Transmit messages or posts that are grossly harmful, harassing, blasphemous, defamatory, obscene, threatens to invade or invades privacy, hateful, objectionable, or otherwise unlawful.
- Interfere with the use and enjoyment of the Website by other
- Infringes any patent, trademark, copyright, or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen
- Impersonation, usage of wrong address and email IDs, etc., to cause annoyance of others is
- The services provided on the Website shall not be used for any illegal or unauthorized purposes. You must not transmit any worms or viruses or any code of a destructive nature.
8. Third Party Websites
A. The Website may contain links to third party websites/apps that are not owned or controlled by us. Phodio assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or We do not warrant the offerings of any of these entities/individuals or their websites.
B. You acknowledge and agree that Phodio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you
9. Copyright & Trademark
A. Phodio, its suppliers, and licensors, if any, expressly reserve all intellectual property rights in all text, images, programs, products,processes, technology, content, and other materials, which appear or are displayed on the Website.
B. You shall not frame or utilize framing techniques to enclose any trademark, copyright, logo, or other proprietary information (including images, text, page layout, or form) of Phodio. You shall not use any meta tags or any other “hidden text” utilizing the company’s name or trademarks.
C. Mere access to the Website or any of the services offered by Phodio shall not be construed as conferring upon anyone, any Intellectual Property owned by Phodio or any third party. Copyrights of the Website are wholly and exclusively owned by Phodio. You may not copy, store, modify, distribute, store any data available on the website other than for your personal non-commercial
D. The contents and software on this website may be used only as a resource to list and avail services related to photography. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this website is strictly prohibited.
E. Reviews, feedback, submissions all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered in connection with your use of this Platform (collectively referred to as the “Comments”) shall be and remain the property of Such disclosure, submission or offer of any comments shall constitute an assignment to Phodio of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the comments. Thus, Phodio owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments.
10. Cancellation and Refund Policy
A. Cancellation
The user is permitted to cancel the shoots 15 days before the event date, in which case a full refund shall be provided.
If the shoot is rescheduled, postponed, or cancelled due to COVID-19 pandemic, then needful refund shall be fixed with due communication.
If the shoot is rescheduled, postponed or cancelled due to Government imposed lockdown, then full refund of the money shall be given to the user.
Such refund shall be done via bank transfer after deducting payment gateway charges and the money shall be remitted in 3-5 business days.
In cases of cancellation before 72 hours, due to unavoidable situations excluding medical emergencies, illness, or sad departure of loved ones, it is understood that events will get postponed or even get cancelled. In such situations, it would be considered as “Cancellation at the Last moment”. In such case, the amount shall be refunded after deducting 20% of the total package cost. If EMI was opted and payments were made, then such amount shall be deducted, and the rest of the amount shall be refunded to your bank account.
“Cancellation at the Last moment” will be applicable only for the customers who have selected packages which include album printing, videography. If you have booked only for photoshoots excluding album and video, we cannot return any amount which you have paid, because the professionals may have lost other works due to this commitment. So, for that purpose we will not entertain “Cancellation at the Last moment” in any other circumstances.
B. Refund
Refund shall be made through our authorized payment gateway partners in respect of cancelled orders in compliance with these Terms and Conditions. The refund of the amount paid by you shall be processed within 21 days of the cancellation of orders and /or receipt of the returned items.
However, we shall not be responsible for delay in processing the refunds as described above, due to reasons which are beyond our control, which may include the delay by the payment gateway or banks, etc.
We encourage you to review the pricing before making the purchase decision.
You shall indemnify and hold harmless Phodio, our licensees, affiliates, and officers, agents, and employees, from any claim or demand, or actions including any legal expenses, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or on account of the violation of any law, rules or regulations or the infringement of rights of any third party.
11. Replacement Policy
A. We have selected our printing partners with utmost care and we make use of premium inks and materials for printing the
B. If any unforeseen damages occur due to technical fault from our end, then the damaged album shall be duly replaced by
C. The USB storage drive which we use to deliver our edited video outputs will be branded, if any malfunctions occurred, the onus lies with the manufacturer of storage
12. Privacy Policy
A. Phodio covers the public events, corporate events, social gatherings like weddings, birthday shoots, , The data of customers, including personal details we will not be shared to any third party or to any third-party companies. Photographs and videos of the event will be displayed in the website or in social media pages as fair use to representation or for illustration purposes.
B. We will never backup any of the event photoshoot or video output or RAW files of any event, it will get auto deleted from our Phodio database after 10 days of delivery. If you wish us to back up the memorable events, there are paid annual subscription packages.
13. Privacy Policy
A. Disclaimers and Limits of Liability
Phodio reserves the right to increase or decrease the price of any of the products offered for sale on the platform, without notice to you. Phodio makes no representations, warranties, or conditions of any kind, express or implied, with respect to the services sold through the Website, including, but not limited to, any implied warranty of merchantability, fitness for a purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance.
14. Construction and Severability
A. These Terms and Conditions and supersede and merge all prior proposals and all or any other prior arrangement/agreements. To the extent of any conflict or inconsistency between the Terms and Conditions and any pages referenced in these Terms and Conditions, the terms of these Terms and Conditions will first prevail, followed by the pages referenced in these Terms and Conditions.
B. Headings herein are for convenience of reference only and shall not affect the interpretation of these Terms and If any provision of these Terms and Conditions is determined to be unenforceable, that provision will be eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and shall be enforceable.
15. Termination
A. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms and Conditions.
B. If you wish to terminate your account, you may simply discontinue using our Platform.
C. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Grievance Redressal Officer
In accordance with The Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer for the redressal of all customer grievances are provided below:
Mr. Jith Johnson E
Designation: Chief Grievance Redressal Officer Phone: +91 9514823957
17. Governing Law and Jurisdiction:
A. These Terms and Conditions shall be construed in accordance with the applicable laws of India . The parties hereto submit to the exclusive jurisdiction of the courts of India at Vellore.
B. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.