This following user agreement describes the terms and conditions on which Fotoclickers Private Limited offers you access to the Fotoclickers platform.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” or “your”) and Fotoclickers Private Limited (“Fotoclickers,” “we,” “us” or “our”), a private limited company incorporated under the laws of India, governing your use of the Fotoclickers application, website, and technology platform (collectively, the “Fotoclickers Platform”).
The Fotoclickers Platform provides a marketplace where persons who seek photography services (“Customers”) can be matched with photographers in those destinations (“Photographers”). Photographers and Customers are collectively referred to herein as “Users” and each User shall create a User account that enables such User to access the Fotoclickers Platform. For purposes of this Agreement, the services provided by Photographers to Customers that are matched through the Platform shall be referred to collectively as the “Services”.
Fotoclickers is not a photography company. It is up to the Photographer to decide whether or not to service a Customer contacted through the Fotoclickers Platform, and it is up to the Customer to decide whether or not to accept services from any Photographer contacted through the Fotoclickers Platform. Any decision by a User to offer or accept Services once such User is matched through the Fotoclickers Platform is a decision made in such User’s sole discretion. Each Service provided by a Photographer to a Customer shall constitute a separate agreement between such persons.
By creating your User account and using the Fotoclickers Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Fotoclickers Platform or the Services.
We reserve the right to modify the terms and conditions of this Agreement at any time, effective upon posting the amended terms on this site. If we make changes, we will notify you by, at a minimum, revising the “Last Updated” date at the top of this Agreement. You are responsible for regularly reviewing this Agreement. Continued use of the Fotoclickers Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Fotoclickers Platform or the Services.
The Fotoclickers Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Fotoclickers Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
As a Customer, you agree that any amounts charged on a transaction (a “Charge”) are mandatory and due and payable immediately upon completion of the service. Charges include Booking Fees and other applicable fees, surcharges, and taxes to the Photographer that you elect to pay. Fotoclickers has the authority and reserves the right to determine and modify pricing from time to time. Charges may vary based on the type of service you request. You are responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
No Refunds. Charges are assessed immediately following completion of the service to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Fotoclickers Platform, any disruption to the Fotoclickers Platform or Services, or any other reason whatsoever.
As a Photographer, you will receive applicable Service Fees (net of Fotoclickers’s Administrative Fees) for the Services you provide. Fotoclickers will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize Fotoclickers to set the prices on your behalf for all Charges that apply to the provision of Services. Fotoclickers reserves the right to withhold all or a portion of Service Fees if it believes that you have attempted to defraud or abuse Fotoclickers or Fotoclickers’ payment systems.
In exchange for permitting you to offer your Services through the Fotoclickers Platform and marketplace as a Photographer, you agree to pay Fotoclickers (and permit Fotoclickers to retain) a fee based on each transaction in which you provide Services (the “Administrative Fee”) The amount of the applicable Administrative Fee will be communicated to you from time to time. Fotoclickers reserves the right to change the Administrative Fee at any time in Fotoclickers’s discretion ?based upon local market factors, and Fotoclickers will provide you with notice in the event of such change. Continued use of the Fotoclickers Platform after any such change in the Administrative Fee calculation shall constitute your consent to such change.
Fotoclickers, at its sole discretion, may make available promotions with different features to any Photographers or prospective Photographers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Fotoclickers.
By becoming a User, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by Fotoclickers, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Fotoclickers, its affiliated companies and/or Photographers, including but not limited to: operational communications concerning your User account or use of the Fotoclickers Platform or Services, updates concerning new and existing features on the Fotoclickers Platform, communications concerning promotions run by us or our third party partners, and news concerning Fotoclickers and industry developments. If you wish to opt-out of promotional emails, text messages, or other communications, you may opt-out by following the unsubscribe options. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Fotoclickers Platform or the Services. You may opt-out of receiving promotional or marketing texts or calls from Fotoclickers at any time from the mobile device receiving the messages. You may also opt-out of receiving all texts or calls from Fotoclickers (including informational or transactional messages) from the mobile device receiving the messages, however you acknowledge that opting out of receiving all texts may impact your use of the Fotoclickers Platform or the Services.
You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the Fotoclickers Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, images, videos, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Fotoclickers for accessing the Fotoclickers Platform. You are solely and fully responsible for all activities that occur under your User account, and Fotoclickers expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
With respect to your use of the Fotoclickers Platform and your participation in the Services, you agree that you will not:
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
By providing Services as a Photographer on the Fotoclickers Platform, you represent, warrant, and agree that:
You possess valid and genuine photography skills and are authorized and medically fit to operate camera and related equipment in an appropriate manner.
You own, or have the legal right to operate, the camera and equipment you use when providing Services, and such camera and equipment is in good operating condition
You will only provide Services using the camera that has been reported to and for which a photograph has been provided to Fotoclickers
You will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages.
You will comply with all applicable laws, rules and regulations while providing Services and you will be solely responsible for any violations of such provisions.
You will pay all applicable central, state and local taxes based on your provision of Services and any payments received by you.
You will not make any misrepresentation regarding Fotoclickers, the Fotoclickers Platform, the Services or your status as a Photographer, or, while providing the Services or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud Fotoclickers or Customers in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Service Fees or other payments for the Service(s) in question.
You will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation. You will make reasonable accommodation and arrangements to photo-shoot pets, birds and wild animals, as and when required.
You agree that we may obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
All intellectual property rights in the Fotoclickers Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, images, videos, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Fotoclickers Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Fotoclickers. Fotoclickers shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
FOTOCLICKERS, the word and other Fotoclickers logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or attire of Fotoclickers in India and/or other countries (collectively, the “Fotoclickers Marks”). If you provide Services as a Photographer, Fotoclickers grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Fotoclickers Marks solely in connection with providing the Services through the Fotoclickers Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder. The Fotoclickers Marks should not be used in any manner that is likely to cause confusion.
You acknowledge that Fotoclickers is the owner and licensor of the Fotoclickers Marks and that your use of the Fotoclickers Marks will confer no additional interest in or ownership of the Fotoclickers Marks in you but rather inures to the benefit of Fotoclickers. You agree to use the Fotoclickers Marks strictly in accordance with Fotoclickers’ Usage Terms, as may be provided to you and revised from time to time, and to immediately cease any use that Fotoclickers determines to nonconforming or otherwise unacceptable.
You agree that you will not:
Violation of any provision of this License may result in immediate termination of the License, in Fotoclickers’ sole discretion. If you create any materials bearing the Fotoclickers Marks (in violation of this Agreement or otherwise), you agree that upon their creation Fotoclickers exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Fotoclickers Marks or derivative works based on the Fotoclickers Marks. You further agree to assign any interest or right you may have in such materials to Fotoclickers, and to provide information and execute any documents as reasonably requested by Fotoclickers to enable Fotoclickers to formalize such assignment.
The following disclaimers are made on behalf of Fotoclickers and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Fotoclickers Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Fotoclickers Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We do not warrant that your use of the Fotoclickers Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Fotoclickers Platform will be corrected, or that the Fotoclickers Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Fotoclickers Platform or Services.
We cannot guarantee that each Customer or Photographer is who he or she claims to be. Please use common sense when using the Fotoclickers Platform and Services, Please note that there are also risks of dealing with people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Fotoclickers Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Photographer or Customer prior to engaging in a transaction.
Fotoclickers is not responsible for the conduct, whether online or offline, of any User of the Fotoclickers Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left or taken by Photographers or Customers. By using the Fotoclickers Platform and participating in the Services, you agree to accept such risks and agree that Fotoclickers is not responsible for the acts or omissions of Users on the Fotoclickers Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Fotoclickers Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Fotoclickers Platform or through the Services. Please carefully select the type of information that you post on the Fotoclickers Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content made available through the Fotoclickers Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Fotoclickers Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Fotoclickers Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The Fotoclickers Platform contains (or you may be sent through the Fotoclickers Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Fotoclickers Platform.
Location data provided by the Fotoclickers Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Fotoclickers, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Fotoclickers Platform.
You will defend, indemnify, and hold us and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses relating to or arising out of your use of the Fotoclickers Platform and participation in the Services, including:
In no event will we or each of our respective officers, directors, employees, agents, shareholders or suppliers, be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Fotoclickers Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Fotoclickers Platform, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages, We will not be liable for any damages, direct, indirect, special, punitive, incidental and/or consequential (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of your communicating with or meeting other Users of the Fotoclickers Platform or Services, even if we or our agents or representatives know or have been advised of the possibility of such damages.
In the event that you have a dispute with one or more Users, you agree to release Fotoclickers (including each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Fotoclickers Platform or participation in the Services. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
This Agreement is effective upon your creation of a User account, as amended by any modifications that may be made from time to time. You may discontinue your use of the Fotoclickers Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Customer and/or Photographer), or revoke your permission to access the Fotoclickers Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Fotoclickers Platform to any User for any reason whatsoever.
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Fotoclickers Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement), that cannot be resolved informally shall be finally decided by the board of directors of Fotoclickers Private Limited.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Fotoclickers’ business, operations and properties, including User information (“Confidential Information”) disclosed to you by Fotoclickers for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Fotoclickers in order to prevent it from falling into the public domain.
You and Fotoclickers are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices to Fotoclickers shall be given by registered post to:
#100, Third Floor, Apollo Dubai Plaza, Mahalingapuram Main Road, Chennai – 600034.
Any notices to you shall be provided to you through the Fotoclickers Platform or given to you via the email address you provide to Fotoclickers during the registration process, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by courier or registered post to the address provided to Fotoclickers during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
To resolve a complaint regarding the Fotoclickers Platform, you should first contact with complete details on firstname.lastname@example.org
This Agreement shall be governed by the laws of India. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Fotoclickers, in our sole discretion in accordance with this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Fotoclickers with respect to the subject matter hereof.