Terms of Use
Your use of this website (www.photoskart.com) means you agree to the following terms of use. If you do not agree with these terms you should leave this website quickly, not use the files herein, and/or not subscribe to this service. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF WWW.PHOTOSKART.COM. YOUR USE OF THIS WEBSITE MEANS YOU AGREE TO THE FOLLOWING TERMS OF CONDITIONS OF USE DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. By using this website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Website terms of conditions of use. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Website terms and conditions on such entity's behalf, and that such entity agrees to indemnify SWDT for violations of these Website terms and conditions. SWDT may revise and update these TOU at any time and without notice. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes and you would be bound by the amended TOU.
1. OWNERSHIP OF THE SITE AND ITS CONTENTS
THIS SITE IS OWNED, HOSTED AND OPERATED BY "SoftWeb Development Technologies" (HEREINAFTER REFERRED TO AS "SWDT"). Unless otherwise indicated, all the Content featured or displayed on the Website, including, but not limited to, photographic images, text, graphics, layout of the Website, sound, illustrations, software, trade dress, trademarks, patents, and the selection and arrangement thereof ("SWDT Content"), is owned by SWDT, its affiliates, subsidiaries, its licensors, contributors, or its third-party image partners.
2. USE OF THE WEBSITE
This Website and SWDT Content are intended for customers of SWDT. You may not use this Website or the SWDT Content for any purpose not related to your business with SWDT's Content. You are specifically prohibited from (a) downloading, copying, or re-transmitting any or all of the Website or SWDT Content without, or in violation of, a written license or agreement with SWDT or Shot India; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the SWDT Content by using framing, linking, meta-tag or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any SWDT Content product or service if you are not expressly authorized by such party to do so; (e) using the Website or the SWDT Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, publicity and privacy laws, moral rights, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, copyright, trademarks, patent, privacy, and the transmission of technical data exported from India or the country in which you reside. You further warrant that you will not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You are allowed to use this Website only for lawful purposes and activities.
3. REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of the Website, you agree to (a) provide correct, accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to SWDT, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify SWDT immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities from your account; and (f) accept all risks of unauthorized access to the registration Data and any other information you provide to SWDT.
4. INTELLECTUAL PROPERTY RIGHTS
SWDT is the sole owner and lawful licensee of all the rights to the Website and its Content. All materials on this Website, including, but not limited to design, layout, images, text, graphics, sound, video, trade-dress, trademarks, patents (SWDT Content) are the property of SWDT and are protected by all the applicable laws, including, but not limited to copyright, trademark, trade-names, patents, internet domain names, data protection, IT Act, privacy and publicity rights and other similar rights and statutes. Use of any SWDT Content without the express written permission and license to use is strictly prohibited. All title, ownership, and intellectual property rights in the Website and its Content shall remain with SWDT, its affiliates or licensor's, as the case may be and does not pass on to you or your representatives.
COPYRIGHT SWDT, its licensors, its image partners and contributors, as the case may be, own all copyrights in the represented images on the Website. No ownership in any represented images shall to anyone accessing this Website and using the Content. You shall not remove any copyright or other proprietary rights notice contained in the represented Images, any related promotional materials provided on this Website. SWDT prohibits any Content or any other material that infringes on any copyright, trademark, patent, and trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Website. SWDT respects the intellectual property rights of others, and we expect our user(s) to do the same. SWDT is not an expert in your intellectual property rights, and we cannot verify that the users and contributors to the Website have rights to the Content posted by them. If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our legal department as set forth below:SoftWeb Development Technologies
23/3, Chatra Mukherjee Para, Serampore, Hooghly-712204, India Email : support@photoskart.com SWDT may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user's e-mail address and may also remove the infringing content uploaded by the user. In the event, SWDT is not removing the said Content; SWDT is not endorsing the sale of any such content.
5. LINKS
SWDT makes no claim or representation regarding and accepts no responsibility for, directly or indirectly, the quality, concept, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to our Website. Such sites are not under the control of SWDT and SWDT is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SWDT provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by SWDT of any site or any information contained therein. When you leave our Website, you should be aware that our terms and policies no longer govern. You should review the terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and you agree that SWDT shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
6. USER CONTENT
This Website may contain photographic images and content uploaded ("User Content") in which you or third parties create, post or store any content, messages, comments, materials or other items on the Website. You are solely responsible for your use of such User Content and use them at your own risk. By posting any Content on the Website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following: User Content that would infringe any copyright, trademark, patent, trade secret or other intellectual property and proprietary rights or contract rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content; Any message, comment, data, information, photographic images, sound, text or other material that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or other objectionable; User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers; Viruses, corrupted data or other harmful, disruptive or destructive files; and User Content that, in the sole judgment of SWDT, is objectionable or which restricts or inhibits any person from using the Website or which may expose SWDT or its users to any harm or liability of any type. Not to delete or revise any User Content posted by any third party. SWDT takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SWDT liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornographic you may encounter. Your use of the User Content is entirely at your own risk. As a provider of User Content, SWDT is not liable for any statements, representations and User Content provided by its users. Although SWDT has no obligation to screen, edit or monitor any of the User Content posted on the Website, SWDT reserves the right and in its absolute discretion can remove, screen or edit any User Content posted on the website at any time and for any reason without notice. You are solely responsible for creating backup copies of the User Content posted by you on the Website at your sole cost and expense. Any use of the Website or other provisions of the Website in violation of the foregoing violates these Terms and may result, in among other things, termination and suspension of your account and your rights to use the Website. You acknowledge and agree that SWDT may access, use or disclose any information about you or your use of this Website, including, without limitation, any User Content, personal information and other information required to comply with the law or any legal process; protect and defend the rights or property of SWDT; or to protect the safety of SWDT, its affiliates, parent, their respective directors, employees, officers, customers or the public. If you post User Content to the Website, unless we indicate otherwise, you grant SWDT and its affiliates and subsidiaries, a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, distribute, perform and publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant SWDT, its affiliates and subsidiaries and sub-licensees the right to use the name that you submit in connection with such Content if they choose. If you post User Content to the Site, you represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. SWDT acts as a content integrator and is not responsible for the information and Content provided by User(s) to be displayed on the Website. SWDT does not have any role in development of the User Content.
7. LIMITATION OF LIABILITY AND DISCLAIMER
THIS WEBSITE AND SWDT CONTENT ARE PROVIDED "AS IS" AND SWDT AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SWDT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR SWDT CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT SWDT, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE SWDT CONTENT. SWDT MAKES NO WARRANTY THAT THE WEBSITE OR CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. Mash uses reasonable efforts to ensure the accuracy, correctness, and reliability of the information and Content, but Mash makes no representations or warranties as to the Content posted by the User(s) as to its accuracy, correctness, reliability and any other irregularity. IN NO EVENT SHALL SWDT, ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OFFICERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, SWDT IMAGE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSES THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SWDT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SWDT' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWDT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SWDT FOR ACCESS TO OR USE OF THE WEBSITE. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
8. INDEMNIFICATION
You agree to indemnify and hold SWDT, its affiliates, subsidiaries and their respective directors, employees, officers and agents harmless against all claims or liability asserted against SWDT arising out of or in connection with any breach by you or anyone acting on your behalf of any of the Terms and Conditions of this Agreement. You shall defend, indemnify and hold SWDT, its affiliates, subsidiaries and their respective directors, employees, agents and officers harmless from all damages, liabilities and expenses (including reasonable attorney's fees and permitted and authorized costs) arising out of breach of this Agreement as a result of claims by third parties relating to your use and act relating to this Agreement or any breach of this Agreement. Such indemnification is in addition to SWDT's right to terminate for a breach of the representations and warranties and is not a waiver or limitation of SWDT's other rights or remedies.
9. GOVERNING LAW AND JURISDICTION
Any dispute, violation, controversy, contest or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (hereinafter the "Disputes") shall be resolved amicably in the first instance. The Parties agree to meet to resolve such dispute in good faith. Should such a solution not be reached, within [30] days from the date of commencement of the dispute, difference or disagreement or such longer period of time as may be mutually agreed by the Parties in writing, such dispute, difference or disagreement shall be referred to Arbitration and shall be finally resolved through arbitration conducted by a tribunal of three arbitrators, with the right of each party to appoint an arbitrator, who in turn will appoint a Presiding Arbitrator. The Presiding Arbitrator shall pass a speaking award. Any order/directions/awards of the majority of the tribunal shall be final and binding on both the parties. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act 1996 and Rules thereunder as at present in force. The seat of arbitration shall be Delhi, India. The arbitration shall be administered in accordance with its practice, rules, and regulations. If the award passed in the Arbitration proceeding is not acceptable to any of the Party, then the Party is free to approach the appropriate court of law as agreed hereinbelow. This Agreement shall be construed in accordance with and governed by the laws of India without giving effect to their conflict of laws principles or rules. The courts at Delhi, India shall have exclusive Jurisdiction.
10. TERMINATION
Notwithstanding any of these Website terms and conditions, SWDT reserves the right, without notice in its sole discretion, to terminate your account and/or block your use of the Website. Upon termination, you must destroy and cease to use all materials obtained from this Website, copies and related documentation thereof with immediate effect.
11. REMEDY FOR BREACH
You agree that any breach of this Agreement by you or your representatives would cause SWDT irreparable harm, injury, loss, and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other remedies SWDT may have at law or in equity, SWDT shall be entitled to injunctive and other equitable relief in the event of any such breach of this Agreement by you or your representatives.
12. SEVERABILITY
If one or more of the provisions contained in this Agreement is found to be invalid, illegal or enforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
13. WAIVER
No action of SWDT, other than the express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of SWDT of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion. Any rights not expressly granted herein are reserved.
14.
SWDT reserves the right to change any terms and conditions contained in this Agreement or any policy or guideline of the Website, at any time and in its sole discretion. Your continued use of the Website following the posting of such changes will constitute your acceptance of such changes.
15. CANCELLATION POLICY
PhotosKart believes in helping its customers as far as possible, and has therefore a liberal cancellation policy. Under this policy: In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 24 hours of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.
16. REFUND POLICY
If you are, for any reason, not entirely happy with your purchase, we will cheerfully issue a full refund. To request a refund, simply contact us with your purchase details within ninety (90) days of your purchase. Please include your order number (sent to you via email after ordering) and optionally tell us why you're requesting a refund - we take customer feedback very seriously and use it to constantly improve our products and quality of service. Refunds are being processed within 21 days period.