TERMS OF USE

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.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the PEP APP

  1. We are an Online Community, currently organized as a website and mobile application PEP (“APP” or “PEPAPP”) for the benefit of inter alia professional photographers, videographers, cinematographers, album designers, camera and light assistants, make-up artists, automobile re-touchers, editors, visual artists, graphic designers, event organizers, event participants, and related professionals across the world: (a) connecting the users of the PEPAPP (each a “User”) with each other, enabling each User to upload their material, provide feedback to material uploaded by other Users, (b) apprising them of upcoming events, workshops, seminars, courses, (“Events”) enabling them to pay for and book tickets for such Events, (c) presenting deals & promotional offers from third party vendors that may interest them, (d) providing such other service as PEP may deem useful for the benefit of the USERS, through the PEPAPP, (e) making available to the Users learning courses, courseware, learning materials, modules, Events aimed at professional development and learning of the Users, access to the digital library for such duration, as may be determined by PEP PRO Collective Private Limited, (f) allowing upgraded Users to post job opportunities and solicit response and apply to such posting  and (g) providing a platform to the Users to purchase photography and videography related hardware and software, including but not limited to photography gear and ancillary paraphernalia, books, tools, parts, presets, etc. (“Products”) (together, “Services”).

  1. PEPAPP is owned and operated by PEP PRO Collective Private Limited (“PEP”), 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”

  1. PEPAPP is no way responsible for any online or offline transaction, purchase, interaction, or relationship or engagement between the Users or the Third Parties on PEPAPP, other than as set out hereinbelow. The Users agree that PEPAPP only provides a connecting platform for the USERS and third-party vendors, save and except when any service or product is explicitly being vendored by PEP PRO Collective Private Limited or any of its affiliates.

  1. BINDING NATURE OF TERMS OF USE AND CHANGE IN TERMS OF USE

These Terms of Use & Privacy Policy (“Terms”) govern access to and use of the Services and are subject to modification at the discretion of PEP with prior intimation of the proposed change to the User. You are requested to read them carefuly. Any continued use of PEPAPP following the notification of proposed change in Terms is deemed as consent to the proposed change.

  1. Scope of Services We Provide

  1. The Services provided by PEP will be charged as indicated for each service at the time of purchase. Subscription to the ‘PRO upgrade’ in the  PEPAPP shall allow the User to access the job postings, to access the profiles and materials uploaded by other Users in relation to those job postings,  and receive notification of Events and Product posting by third parties or access such features and services as may be notified by PEPAPP from time to time.  

  2. PEP reserves the right to not post or delete the posts, information, material that is uploaded by a USER. In other words, a User does not have an unfettered right to post material on the PEPAPP.   

  3. Please note that PEP shall not liable to any User in the event that the User does not find any work opportunities, Events, Products, or offers matching his preference or interest. PEP does not assure a minimum number of work opportunities, Events or offers to any User at any point of time.

  4. Featuring of any posts or material of any User, or getting recognized in any manner on the PEPAPP, does not entitle such User of any monetary benefit from PEP.

  1. Registration and Use

  1. PRO USER UPGRADE FEES

PEPAPP requires that you register in order to use some or all of its features and functionalities. The process of approval of upgradation, may take upto one week. Registered users may upgrade their account to a Pro Account which will allow such users (“PRO USERS”) to avail of discounts to Events and to post and apply to job postings, by paying a sum of INR 1800 a year. Please note that the registering as a User allows you to access PEPAPP and its features subject to your abidance with these terms and conditions.

  1. REGISTRATION PROCESS

PEP may, in its sole discretion, permit or deny a USER registration. Once we permit you to register with PEPAPP, you agree and undertake to access the PEPAPP only using the unique username and password, as amended by you from time to time, associated with your registration. You will be solely responsible for maintaining the confidentiality of such password and agree that the password is intended for use solely by you.

  1. USER CONTENT

You understand that for the purpose of effectively using PEPAPP you may be required to provide accurate information including but not limited to your full name, email address, age, college or organization you are affiliated with, gender, whether you are a professional or an amateur, city of residence and city of operation, instagram and facebook username, mobile number, photographs and other material uploaded by you (collectively referred to as “User Content”). You have the discretion to upload such videos, photos and media on PEPAPP as you may deem fit, make comments, reflect likes, feedback, provided that such content is appropriate. You represent that you have all rights required to provide the information that you have provided to PEPAPP, 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.

  1. MINIMUM AGE

You agree and understand that PEPAPP 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.

  1. CONSEQUENCE OF REGISTRATION

  1. You will be solely responsible for your acts on PEPAPP including those conducted under the username assigned to you. You understand and agree that PEPAPP may, in its sole discretion, terminate your access to PEPAPP in the event that you have been found to be in breach of these Terms of Use. In the event of termination of your account, PEP shall also delete all of your user information accrued to PEPAPP at your request.

  1. You agree that certain User Content uploaded such as display picture, social media usernames, etc. can be used and viewed by other third parties who access PEPAPP as PEPAPP is geared towards the professional promotion of the Users.

  1. By using our Services and providing us with your contact information, you agree that we can send you communications about our Services, unless you indicate to us otherwise by writing to us at “contact [at] pep.photo”. By using our Services or by filling out any forms/agreements on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship with you and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, push notifications, text (SMS) or email. All User Content will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that you have read and understood the Privacy Policy.

  1. By creating an account, you agree that you are signing up for PEPAPP's Services in good faith, and that you mean to use them only for their intended professional purposes.

  1. You consent to any rating mechanism of Users introduced by PEPAPP and agree not to object to or dispute such mechanism which shall be substantially based on aggregated User inputs

  1. Permitted Use: You agree that you will use PEPAPP only for the purposes of availing Services in accordance with these Terms and in accordance with all applicable laws and regulations.

  2. Prohibited Use: In relation to the use and access of PEPAPP 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/or 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 PEPAPP, PEPAPP’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;

  9. Use PEPAPP in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;

  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 PEPAPP in any unauthorized manner, including by hacking or using log in credentials of any other user; and

  13. Use PEPAPP for any unauthorized marketing purposes or for sending any unsolicited materials.

  1. Inappropriate Use: If any of your actions on PEPAPP or materials posted by you on PEPAPP are flagged as inappropriate, PEPAPP reserves the right to review such actions or content to determine, in our sole and absolute discretion, whether it violates these Terms of Use and subsequently disable your account with immediate effect.

  2. Security & Data Privacy: 

 

  1. PEPAPP works to protect the security of your content and account by using measures that are best in the industry such as Oauth 2.0 and Open ID connect and strict data protection policy within our systems. However, 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.

  1. PEPAPP's privacy policy https://getpepped.com/privacypolicy/ governs our collection, use, and disclosure of your personal information and is incorporated into these Terms of Use. Please read it carefully. It describes what information we collect from you and when, how and why we may create an account for you, whom we share your information with and when and how you can opt-out or delete your account. This is important information. By using our Services, you consent to our Privacy Policy.

  1. 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 PEPAPP users.

  1. PEPAPP May Choose to Monitor User Content: PEPAPP does not approve, control, or endorse your or anyone else's User Content and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Intellectual Property and Licenses

PEPAPP grants you a limited license to use our services: Subject to these Terms of Use and any other policies we create, we grant you a limited, non-sublicensable right to access PEPAPP, use our Services, for your informational use only. This license does not allow you to copy or sell our Services or materials; scrape or mine the PEPAPP, Services; or frame any part of the APP or Services. We reserve the right, without notice and in our sole discretion, to terminate your license to use PEPAPP or Services, and to block or prevent future access to and use of PEPAPP or Services. Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of PEPAPP or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use. You agree and understand that:

  1. The contents of PEPAPP 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 PEPAPP or our licensors. All intellectual property in and to PEPAPP and its contents and functionalities shall vest solely with PEPAPP or our licensors.

  2. Save for the limited right to access and use PEPAPP  in accordance with the Terms of Use and other applicable agreements, on a non-exclusive and non-transferable basis, there are no other rights being granted to you in PEPAPP  or any of its content and functionalities.

  3. You have no right to make any copies of the whole or part of APP or any of the content therein.

  4. You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of PEPAPP save for any User Content that belongs to you.

  5. 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 PEPAPP reserves the right to terminate your access to PEPAPP immediately.

  1. Our Materials Are Protected: All materials in PEPAPP , 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 PEPAPP, 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 "PEPAPP" or any other name, trademark, or product name of PEPAPP without our permission.

  2. Our Use of Third Parties' Marks Does Not Imply Endorsement: All other trademarks, registered trademarks, product names, and logos appearing on PEPAPP 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.

  1. Third-Party Links, Sites, and Services

    1. PEPAPP 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 PEPAPP. 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. PEPAPP is not responsible or liable for your use of or access to any Third-Party Materials.

    1. PEP 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 PEPAPP, other than PEP. Any product purchased on the APP is subject to terms of sale, warranty and after sale covenants as offered by the seller and PEP is no way responsible for the same.

  1. DISCLAIMERS AND EXCLUSION OF LIABILITY BY PEPAPP

  1. PEPAPP is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. THIS PEPAPP, 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. PEPAPP 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. PEPAPP 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 PEPAPP  or Services.

  5. PEPAPP 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 PEPAPP.

  6. PEPAPP does not represent in any manner that:

  1. The information, data or content of presented by other Users or third party on PEPAPP is accurate;

  2. PEPAPP will be available at all times and will operate error free or that there will be uninterrupted access and service;

  3. PEPAPP endorses any of the views of any of the users who may have posted content;

  4. We have verified or guarantee the quality of services or representations made by any user of PEPAPP;

  5. We have verified the credit worthiness of any user;

  6. We have screened or verified any of the information posted herein, unless otherwise specifically so stated on PEPAPP; and

  1. 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.

  2. The details with respect to Events and promotions and offers on PEPAPP 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.

  3. PEPAPP 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 PEPAPP may enter into outside of the auspices of PEPAPP. Any contractual or commercial agreements / deals / transactions / negotiations are subject to the discretion of the Users and PEP shall not be in any manner liable or responsible for these commercial arrangements. PEP is not responsible for any breach of any contract concluded by any of the user/s or third party vendor or event organizer. PEPAPP 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 PEPAPP screen or/and censors or/and otherwise controls the Users. PEPAPP does not accept or/and assume responsibility for the content or/and context of the user comments.

  4. No Agency: Your use of PEPAPP and its functionalities shall not act to make PEP your agent in any form or manner or vice versa.

  5. 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 PEPAPP 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 PEP or our affiliates, officers, employees, agents and professional advisors as a party to any such dispute. You expressly release PEP, 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.

  1. Indemnification

You agree to defend, indemnify, and hold PEP harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through PEPAPP or your use of the Services, including, without limitation, any actual or threatened suit, demand, or claim made against PEP arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

  1. Limitation Of Liability

  1. In no event shall PEP, 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. PEP takes no responsibility/liability whatsoever for shortage or non fulfillment of the Service/ on PEPAPP 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 PEPAPP for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.

  3. PEP 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 PEPAPP on your mobile phone.

  4. The aggregate liability of PEP to you or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, your access and use of PEPAPP and its contents and functionalities or for any reason related to the operation of PEPAPP, shall not exceed INR 100 (Indian Rupees One Hundred only). In no event shall PEP be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not we have been advised of the possibility of such damages.

  1. Termination: PEP reserves the right to terminate your access to PEPAPP at any time, in our sole discretion. You acknowledge PEP’s right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions of these Terms of Use, which by their nature are intended to survive, shall survive termination and continue to be applicable.

  2. Force Majeure: In no event shall PEPAPP 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. PEPAPP 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.

  3. Access: PEPAPP does not make any claim that PEPAPP 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.

  4. Cancellation/Refund Policy:

Two kind of payments are made on the PEPAPP:

    1. The Pro User upgradation fees once paid to PEP is nonrefundable. 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.

  1.  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.

  1. Modification of These Terms & Services on offer: We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Services, at any time and in our sole discretion. Your continued use of the PEPAPP following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these terms and conditions periodically and check the version date for changes. PEP reserves the right to modify or discontinue (in part) Services, or any content appearing therein. PEPAPP will not be liable to you or any third party if we exercise this right.

  2. Choice of Law: These Terms of Use are governed by the laws of India. The courts in Mumbai, India shall have exclusive jurisdiction over any claim or matter arising out of these Terms of Use irrespective of the territory and jurisdiction of your access to PEPAPP.

  3. No Waiver: PEPAPP’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

  4. No Third-Party Beneficiaries or Rights: These Terms of Use do not create any private right of action on the part of any third party.

  5. Entire Agreement and Severability: These Terms of Use, the Privacy Policy and any amendments and additional agreements you might enter into with PEPAPP in connection with our Services, shall constitute the entire agreement between you and PEPAPP and shall supersede any prior terms you had with PEPAPP regarding  Services. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary and the other provisions of these Terms of Use remain in full force and effect.

  6. Assignment: You may not assign or otherwise transfer your rights or obligations under these Terms of Use. PEPAPP may assign its rights and duties under these Terms without any such assignment being considered a change to the Term of Use and without any notice to you.

  7. Notices: Any notices or other communications that you wish to send to PEPAPP may be addressed to the registered office mentioned above.

  8. Dispute Resolution:  You agree that any dispute arising between you and PEPAPP 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.

Contact Information: If you have any questions or suggestions regarding our Terms of Use, please contact us via email at “contact [at] pep.photo”

 



Contact Information: If you have any questions or suggestions regarding our Terms of Use,
please contact us via email at “contact [at] pep.photo”