By using http://www.photojaanic.com/en ("Website") you agree to be bound by these Terms and Conditions ("Agreement"), irrespective of whether or not you have registered as a member ("Member"). This Agreement sets out the legally binding terms and conditions for your use and membership and may be modified from time to time without notice to you. Any modifications shall be effective upon posting on the Website.
Company means NEW VISION DIGITAL SERVICES PTE LTD, referred to in short form as the "Company" or "New Vision" throughout this document, which is the business partner of Photojaanic, and which owns the payment gateway provided in this site.
Registration, Subscription and services:
In consideration of your use of the Website and its services, you agree to: (a) provide true, accurate, current and complete information about yourself as required for registering as a member or user and (b) maintain and promptly update the personal information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Website has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, the Website has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). Each of the service provided by us has respective terms and conditions applicable to respective services, apart from these general terms and conditions.
Terms and Termination :
This Agreement will remain in full force and effect while you use the Website and / or are a Member of http://www.photojaanic.com. You may terminate your membership at any time, for any reason by following the instructions on the Help pages, or upon receipt by the Website of your written or e-mail notice of termination. http://www.photojaanic.com may prevent your access to the Website and / or terminate your membership at any time and without providing any reason whatsoever, effective upon sending notice to you at the e-mail address you provide in your application for membership or such other e-mail address as you may later provide to the Website. All liabilities and responsibilities incurred by you prior to the termination of the membership or disallowance of the access to the Website shall survive such termination and disallowance.
Content posted on the Website:
You understand and agree that the Company may review, edit and/or delete any photographs, images, messages or other content (collectively referred to as "Content") that in the sole judgment of the Company may violate this Agreement or which might be offensive, obscene, illegal, or that might violate the rights, harm, or threaten the safety of other Members or users of the Website, or offend public and religious sentiments or against the public policy or against any laws of any country. You are solely responsible for the Content that you upload, print, publish (hereinafter referred to as "post") on the Website, or transmit to other Members. By posting the Content to any public area of the Website, you automatically grant, and you hereby represent and warrant that you have the right to grant, to the Website an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works thereof, or incorporate into other works, such information and content, and to grant and authorise sub-licenses of the foregoing.
You understand that all photos, information, data, text, software, graphics, video, messages or other Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not the Website, are entirely responsible for all content that you upload, post, mail, transmit or otherwise make available via the Website. The Website does not control the content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Website, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Website be liable in any way for any content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, mailed, transmitted or otherwise made available via the Website. You agree not to use the Website to: a) upload, post, mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, religiously, ethnically or otherwise objectionable; b) harm minors in any way; c) impersonate any person or entity, including, but not limited to, a New Vision official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website; e) upload, post, mail, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; f) upload, post, mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; g) upload, post, mail, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "SPAM," "chain letters," "pyramid schemes," or any other form of solicitation; h) upload, post, mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; j) edit photographs and images in such a manner to replace identities of persons with others wrongfully, illegally and without their consent; k) intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law; l) collect or store personal data about other users. m) upload, post, mail, transmit or otherwise make available any photographs or images of persons without their knowledge or consent.
Password and Security:
On registration, you will receive a user name/login name and password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. The Website is not responsible in any manner whatsoever for any misuse or use of the password and user name of your account.
Refund and Cancellation:
Orders once placed cannot be cancelled or withdrawn. Where the Goods ordered by You are not available from stock, You shall be notified and given the option to either wait until the Goods are available from stock or cancel the order. Upon such cancellation of your Orders, we shall make the repayment in full the amount(s), if any paid by you. We check each transaction manually so there are no chances of any duplicate payments. If for any reason duplicate payments are received, you shall be informed about it and you shall have option either to use the excess amount paid for future purchases or have it refunded to your account. The goods , at the time of dispatch will be the kind designated or specified. If it appears within Ten (10) days from date of shipment by New Vision that the goods delivered on any order are not of the kind designated or specified, you shall notify New Vision immediately. New Vision shall thereupon correct the defect or defects, at its option, either by repairing the defective part or parts or sending a replacement(s). Where a claim of defect or damage is made, a photographic image of the damaged goods shall be sent to New Vision. If the goods are in fact defective, New Vision, at its discretion, shall either repair / rectify the defect or replace the damaged goods with new ones and New Vision’s decision in this regard shall be binding on you.
Modifications to the Website:
The Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, services or any part thereof with or without notice. You agree that the Company shall not be liable to you or to any third party in any manner whatsoever for any modification, suspension or discontinuance of the Website.
Dealings with Third parties and Links:
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that http://www.photojaanic.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website. The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. The website has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the website 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 site or resource.
Proprietary Rights :
You acknowledge and agree that the Website and any necessary software used in connection with the Website (referred to as "Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Website or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the website or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
The Company grants you a personal, non-transferable and non-exclusive right and license to use its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work , reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than in accordance with the instructions provided by http://www.photojaanic.com for accessing the Website.
The Website may send you promotion mails and notices, including notices regarding changes to the terms and conditions, by either email, regular mail, or postings on the Website.
Limitation of Liability:
You expressly understand and agree that New Vision shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the Website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) incidental loss of data during upload/transmission storage to/on website or (vi) any other matter relating to the Website.
Disclaimer of representations and warranties :
a) Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. The Website expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b)The Website makes no representation and warranty that (i) the services of the Website will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service available on the Website shall be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d) No advice or information, whether oral or written, obtained by you from the Website or through or from the service shall create any warranty not expressly stated in the Terms and Conditions.
Limitation of liability:
You expressly understand and agree that the Website shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the failure of the Software in any manner whatsoever; (iii) the uploading of any photographs, images or the Content; (iv)unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; or (vi) any other matter relating to the service.
You expressly agree that you shall indemnify, defend and hold the Website harmless from and against any and all third party claims, allegations, demands, liabilities, losses, damages, awards, judgments or settlements, including all reasonable costs and expenses related thereto including attorney’s fees (“Claims”), that may be asserted, granted, imposed or brought against the Company for (i) infringement or alleged infringement of any rights in and to patents, trade marks (registered or unregistered), service marks, design rights, copyright, rights to extract or re-utilise data from a database or other database rights, registered designs, confidential information and any other industrial or commercial property right whatsoever, whether existing now or in the future of any third party; or (ii) use or misuse of the services of the Website whether as a Member or user; (iii) breach of any of the Terms and Conditions contained herein; (iv) any representation and warranty being false and misleading in any manner whatsoever; (v) any third party claim or any offence committed by you in any manner whatsoever and under all applicable laws.
Dispute Resolution :