This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
A. We are an Online Community, currently organized as mobile application PEPPRO (“APP”) for the benefit of inter alia professional photographers, videographers, cinematographers, album designers, camera and light assistants, make-up artists, automobile retouchers, editors, visual artists, graphic designers and related professionals across the world: (a) connecting the users of the PEPPROAPP (“User”) with each other, (b) apprising them of upcoming events, enabling them to book tickets for such events, and (c) presenting deals & promotional offers from third party vendors that may interest them, (d) providing such other service as PEPPRO may deem useful for the benefit of the USERS, through the PEPPROAPP (together, “Services”).
B. PEPPROAPP is owned and operated by PEP PRO Collective Private Limited, a company incorporated under the Indian Companies Act, 2013, and having its principal place of business at Hyderabad, India. We are reachable by email on “contact [at] pep.photo”
C. The APP is no way responsible for any online or offline transaction, interaction, or relationship or engagement between the Users or the Third Parties on the APP. The Users agree that the APP only provides a connecting platform for the USERS and third party vendors.
E. Services We Provide
1. Our Services include providing a platform for Users to:
(a) connecting the users of the PEPPROAPP (“User”) with each other, allowing users to post their work related requirement and seek interest in such work requirements or collaboration opportunities from other users on terms and conditions as may be agreed between the Users;
(b) apprising Users of upcoming events that are relevant to their field of work, enabling them to book tickets for such events,
(c) presenting deals & promotional offers from third party vendors that may interest the Users,
(d) providing such other service as PEPPRO may deem useful for the benefit of the USERS, through the PEPPROAPP.
2. Please note that PEPPRO shall not liable to any User in the event that the User does not find any work opportunities, events or offers matching his preference or interest.
3. PEPPRO does not assure a minimum number of work opportunities, events or offers to any User at any point of time.
F. Registration and Use
1. REGISTRATION FEES
PEPPROAPP requires that you register in order to use some or all of its features and functionalities. Currently, we are charging a one time non-refundable registration fees of INR 10,000 + Tax, which is subject to upward revision in . The process of registration, following the receipt of the registration fees, may take upto 24 hours. Please note that the payment of registration fees allows you to access the APP and its features subject to your abidance with these terms and conditions.
2. REGISTRATION PROCESS
3. USER CONTENT
You understand that for the purpose of effectively using PEPPROAPP you may be required to provide accurate information including but not limited to your name, address, mobile number and e-mail id (collectively referred to as “User Content”). You represent that you have all rights required to provide the information that you have provided to PEPPROAPP, including the User Content and represent that they are true and accurate. You are solely and strictly liable for any misrepresentation and inaccuracy in the User Content.
4. MINIMUM AGE
You agree and understand that PEPPROAPP and the contents are intended for people who are 18 years of age or above. You hereby represent that you are 18 years of age or above and competent to contract within the meaning of section 11 of the Indian Contract Act, 1872.
G. CONSEQUENCE OF REGISTRATION
1. You will be solely responsible for your acts on APP including those conducted under the username assigned to you. You understand and agree that PEPPROAPP may, in our sole discretion, terminate your access to APP without notice and you waive any right to claim access to APP or any other claim that you may have. Any data of your usage may be retained or deleted at PEPPROAPP’s sole discretion. You agree that the User Content uploaded can be used and viewed by other third parties who access APP.
3. By creating an account, you agree that you are signing up for PEPPROAPP's Services in good faith, and that you mean to use them only for their intended professional purposes.
4. You consent to any rating mechanism of Users introduced by the APP and agree not to object to or dispute such mechanism which shall be substantially based on aggregated User inputs.
I. Prohibited Use: In relation to the use and access of APP its content and features, you agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
1. belongs to another person and to which you do not have any right to;
2. harms minors in any way;
3. impersonates another person;
4. upload, transmit or publish any information on behalf of a third party, including any User content of any person other than you;
5. Upload, transmit or publish any information or material which is grossly harmful, harassing, blasphemous, threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable, contains pornography, invasive of another's privacy, hateful, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
6. Violate the privacy or publish any personal information of any person except to the extent specifically approved by such person for artistic purposes;
7. Upload, transmit or publish any viruses or other malware to corrupt, interrupt, limit, destroy or otherwise impact APP, PEPPROAPP’s computer systems or the computer systems of other users or third party systems;
8. Upload transmit or publish anything which you do not have the rights to or any material which infringes on the intellectual property rights (in whatever form including but not limited to any patent, trademark, copyright or other proprietary rights) of any third party;
10. deceives or misleads the addressee about the origin of any messages or communicates any information which is grossly offensive or menacing in nature;
11. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation;
12. Access APP in any unauthorized manner, including by hacking or using log in credentials of any other user; and
13. Use APP for any unauthorized marketing purposes or for sending any unsolicited materials.
K. Security & Data Privacy:
1. While PEPPROAPP works to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately in the event of any compromise or unauthorized use of your account. You are also responsible for maintaining the confidentiality of your account information and for ensuring that only authorized individuals have access to your account. You are responsible for all actions taken or content added through your account.
L. Our Rules About User Content
1. Your Content Is Your Responsibility: You are solely responsible for any self concerning information, messages, reviews, text, photos, videos, graphics, code, or other information, content or materials that you post, submit, publish, display or link to through the Services or send to other PEPPROAPP users.
3. Accuracy: You agree to provide accurate, complete, current, and truthful information when you add or edit facts about your business or otherwise provide content via the Services.
4. No Illegal or Harmful Content: You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights) or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading or otherwise harmful.
5. Do Not Violate Others' Rights: You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.
6. Some User Information may be shared: In order to provide better services to you, basic profile information of the Users may be safely shared with third parties.
M. Intellectual Property and Licenses
The contents of APP including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, videos, testimonials, software, audio, pictures, icons, are the sole property of PEPPROAPP or our licensors. All intellectual property in and to APP and its contents and functionalities shall vest solely with PEPPROAPP or our licensors.
You have no right to make any copies of the whole or part of APP or any of the content therein.
You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of APP save for any User Content that belongs to you.
You have no right to use any search mechanisms other than that provided on APP and you will not use any web-crawler or any data harvesting tools to harvest data of any sort from APP.
If you are found to be in violation of this clause PEPPROAPP reserves the right to terminate your access to APP immediately.
N. Our Materials Are Protected: All materials in the APP, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively "Materials"), are proprietary property of PEPPROAPP, our suppliers, our licensors, or users, and are protected by Indian and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other "hidden text" utilizing "PEPPROAPP" or any other name, trademark, or product name of PEPPROAPP without our permission.
O. Our Use of Third Parties' Marks Does Not Imply Endorsement: All other trademarks, registered trademarks, product names, and logos appearing on the APP and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
P. Third-Party Links, Sites, and Services
1. APP and Services may contain links to third-party websites, advertisements, services, special offers, or other events, activities, or content (collectively "Third-Party Materials"). These Third-Party Materials are not under the control of PEPPROAPP. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of APP or any information contained therein. PEPPROAPP is not responsible or liable for your use of or access to any Third-Party Materials.
2. PEPPRO is not liable for any claim or demand arising in connection with or consequence of a User availing of any offer, product or service from a third party vendor or event organizer through the APP
Q. DISCLAIMERS AND EXCLUSION OF LIABILITY BY PEPPROAPP
1. PEPPROAPP is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. THIS PEPPROAPP, THE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
2. We specifically disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a purpose, title, non-infringement and any warranties arising out of the course of dealing or usage of trade.
3. PEPPROAPP is not responsible for any financial information disclosed by the USER during the registration process or to a third party vendor or event organizer on the APP.
4. PEPPROAPP takes no responsibility and assumes no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using APP or Services.
5. PEPPROAPP is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in PEPPROAPP.
6. PEPPROAPP does not represent in any manner that:
a) The information, data or content of presented by other Users or third party on PEPPROAPP is accurate;
b) PEPPROAPP will be available at all times and will operate error free or that there will be uninterrupted access and service;
c) PEPPROAPP endorses any of the views of any of the users who may have posted content;
d) We have verified or guarantee the quality of services or representations made by any user of the APP;
e) We have verified the credit worthiness of any user;
f) We have screened or verified any of the information posted herein, unless otherwise specifically so stated on PEPPROAPP; and
7. We do not independently verify User Content and do not take any responsibility for the accuracy of the photographs and/or data posted by any User.
8. The details with respect to events and promotions and offers on PEPPROAPP are merely indicative and provided for information purposes. The actual details / information is available with the concerned vendor or information provider. We do not claim any responsibility for the conduct or financial dealings of a third party vendor or event organizer on the APP.
9. PEPPROAPP is only a platform for the advertising of opportunities for transactions (including availing of third party offers on events, products and services) that Users of the APP may enter into outside of the auspices of PEPPROAPP. Any contractual or commercial agreements / deals / transactions / negotiations are subject to the discretion of the Users and PEPPRO shall not be in any manner liable or responsible for these commercial arrangements. PEPPRO is not responsible for any breach of any contract concluded by any of the user/s or third party vendor or event organizer. PEPPROAPP does not stock / underwrite / deal / rent / block any transaction directly or indirectly. There are risks, which the User assumes when dealing with people who dealing with other Users and third party vendors and the same shall be borne by the User. APP is a venue only and does not screen or/and censor or/and otherwise control the listings offered to other Users, nor does PEPPROAPP screen or/and censors or/and otherwise controls the Users. PEPPROAPP does not accept or/and assume responsibility for the content or/and context of the user comments.
10. No Agency: Your use of APP and its functionalities shall not act to make PEPPRO your agent in any form or manner or vice versa.
11. Inter User Disputes: Any disputes between you and any other user/s, third party vendor or event organizer are to be resolved between you and such person only and PEPPROAPP is not responsible and shall not be required to mediate or resolve any disputes or disagreements between such users. You acknowledge and agree that you cannot and will not enjoin PEPPRO or our affiliates, officers, employees, agents and professional advisors as a party to any such dispute. You expressly release PEPPRO, our affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions of the User, third party vendor or event organizer.
S. Limitation Of Liability
1. In no event shall PEPPRO, our officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (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), equity or otherwise, arising out of or in any way connected with the use of this APP, the materials, or our services.
2. PEPPRO takes no responsibility/liability whatsoever for shortage or non fulfillment of the Service/ on the App or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/relief, etc. against PEPPROAPP for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.
3. PEPPRO shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the APP on your mobile phone.
U. Force Majeure: In no event shall PEPPROAPP be liable for any acts beyond our control including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of customer's data/information. PEPPROAPP shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or members or to any other person's computer related to or resulting from participating or downloading materials/information from APP or for any acts of god.
V. Access: PEPPROAPP does not make any claim that APP and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying with the laws applicable to you.
W. Cancellation/Refund Policy:
Two kind of payments are made on the APP.
1. The registration fees once paid to PEPPRO is non refundable. Any dispute or issue arising in relation to the payment process is subject to the agreement between the User and the payment gateway.
2. Other payments that the User may make to a third party vendor or event organiser are subject to the terms and conditions as agreed between the User and the third party vendor/event organiser.
X. COMPLAINTS AND GRIEVANCE REDRESSAL
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email from registered email id to “contact [at] pep.photo” clearly mentioning ‘USER COMPLAINT’ in the subject line and specifically describing the cause of concern sought to be redressed.
EE. Notices: Any notices or other communications that you wish to send to PEPPROAPP may be addressed to the registered office mentioned above.
FF. Dispute Resolution: You agree that any dispute arising between you and PEPPROAPP which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator, Advocate Sajal Yadav, Bombay High Court. The Arbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration shall be conducted in the English language and the award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise.
please contact us via email at “contact [at] pep.photo”