Welcome to Subhash Photos

Subhash Photos provides printing and delivery service of digital photograph to receipient in INDIA only.

It is important that you carefully read the terms and conditions set out below:

The following Terms & Conditions apply to your access to Subhash Photos and use of the services offered there in by Subhash Photos and its related parties. By accessing any page of the website and/or using the services, you agree to be bound by these Terms & Conditions without limitation or qualification. If you do not accept these T & C, please immediately discontinue your access to the website and/or use of the service. Your access to and use of the Service are expressly conditioned on your compliance with these Terms.

You and Subhash Photos are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created hereunder.

Subhash Photos reserves the right to change these Terms & Conditions from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after Subhash Photos makes any such changes, you agree to be bound by the revised Terms.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.Subhash Photos reserves the right to terminate your membership and refuse to provide you with access to the Site if Subhash Photos discovers that you are under the age of 18 years.

Account and Registration Obligations

"Your Information" is defined as any information you provide to us in the registration. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. Subhash Photos shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If Subhash Photoshas reason to believe that there is likely to be a breach of security or misuse of the Subhash Photos Site, we may require you to change your password or we may suspend your account without any liability to Subhash Photos.

You also agree to:

1. Provide true, accurate, current and complete information about yourself as prompted by Subhash Photos registration form.

2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Subhash Photos has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement,Subhash Photos has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Pricing Information

While Subhash Photos strives to provide accurate product and pricing information, pricing or typographical errors may occur. Subhash Photos cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Subhash Photos shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, Subhash Photos may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Subhash Photos will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Subhash Photos accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Subhash Photos dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. All prices mentioned in our website are in Indian Rupees and US Dollars until explicitly specified. Including shipping charges.

No Obscene or Infringing Material

You may not

a) upload to Subhash Photos any Photographs which contain material that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or

b) upload to Subhash Photos any Photographs or any other information which contain material which violates or infringes upon the rights of others, including privacy, moral or publicity rights, copyright, trademark or other proprietary rights without first obtaining permission from the owner or right holder.

You understand that Subhash Photos has no obligation to monitor the Photographs. However, Subhash Photos reserves the right at all times to review the Photographs, to disclose the Photographs as necessary to satisfy any law, regulation or governmental request, to refuse to post or transmit the Photographs, and to remove any Photographs that in Subhash Photos sole discretion are objectionable or in violation of this Agreement.

Uploading of Photographs

Presently, you may choose to upload your Photographs to your album on the Website through the Internet. Subhash Photos may, from time to time, offer other methods to upload Photograhs. You agree and undertake to be bound by and to comply with any and all conditions that Subhash Photos may additionally impose in respect of any new uploading method.

Storage of Photographs

Upon acceptance of your user registration form, you will be allocated 20 megabyte (MB) (or such other amount to be determined by Subhash Photos from time to time) of storage space for your digital photo album on the Website. Once you have reached the specified storage limit for your digital photo album, Subhash Photos systems will not permit any further uploading of the Photographs. You agree to store your Photographs in your photo albums for a maximum period of 30 days from uploading there of, and if you fail for any reason to remove your Photographs on the expiry of the maximum period, Subhash Photos may, at its sole discretion and without further notice or liability to you, remove the same from your photo album(s).

We recommend you keep back-up copies of your Submissions on your hard drive or other personal system. The Subhash Photos service is not intended as a guaranteed back-up solution.

Fees

Membership is presently free. Subhash Photos does not presently charge fee for use your digital photo album. Subhash Photos further reserves the right to subsequently charge a fee for the storage of your photographs at the Website.

Security

Any access codes or passwords ("User Codes") given by you to your account are for your personal use, and you are responsible for their confidentiality. All statements made and acts or omissions that occur while the User Codes are being used shall be deemed to have originated conclusively from you and you shall be responsible for the same and/or any misuse thereof. You agree to notify Subhash Photos immediately in the event of the loss or theft of the User Codes or if the confidentiality of the User Codes has been compromised in any manner.

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on Subhash Photos will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. i.e. in a credit card transaction, you must use your own credit card. To pay for the order we or our authorized partner may ask you to provide credit card number, expiration date, billing information or any other information that may enhance security of transaction and prevent frauds. You further agree and undertake to provide the correct and valid credit card details to SUBHASHPHOTOS.COM. Further the said information will not be utilized and shared by Subhash Photos with any of the third parties unless required by law, regulation or court order. Subhash Photos will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

You Agree and Confirm

Colour of prints

It is agreed and understood by the parties hereto that the quality of the prints will depend upon the digital file and original picture uploaded by you. Therefore, it is likely that in certain prints, the quality of the prints may not be acceptable for which SUBHASH PHTOS shall not be responsible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Modification of Terms and conditions of Service

Subhash Photos may at any time modify the User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on SUBHASHPHOTOS.COM. You should regularly review the User Agreement on Subhash Photos . In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.

Governing Law and Jurisdiction

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Belgaum, India shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Subhash Photos and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Belgaum.

Third-party links

We may provide links to third-party sites that might be of interest to you; however, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that Subhash Photosis not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by Subhash Photos of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites. We are not responsible for the privacy practices of such Web sites, which we do not own, manage or control and we urge you to study the privacy policies of such Web sites.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Subhash Photos on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Subhash Photos property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Subhash Photos of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Subhash Photos owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Subhash Photos will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Subhash Photos is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Subhash Photos does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Subhash Photos the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Subhash Photos and its affiliates for all claims resulting from any Comments you submit. Subhash Photos and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

Subhash Photos and its suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Subhash Photos or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Subhash Photos . Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Subhash Photos . You may not modify, distribute or re-post anything on this website for any purpose. The Subhash Photos names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of SUBHASH COLOR CENTER. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Subhash Photos endorsement, sponsorship or recommendation of the third party, information, product or service. Subhash Photos is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Subhash Photos or its suppliers and protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Subhash Photos and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless Subhash Photos, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Subhash Photos or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Offline Conduct

Subhash Photos may not be monitoring the conduct of users off the Site and it is a breach of this Agreement to use any information obtained from this Site in order to harass, abuse, or injure another person, or in order to contact, advertise, solicit or sell to any Site user without Subhash Photos prior explicit consent

Disclaimer

Subhash Photos makes no warranty (a) that the Website will meet your requirements, or that it will be uninterrupted, timely, secure, error free or free from any virus or other malicious, destructive or corruptive code, programme or macros; (b) of the accuracy, adequacy, reliability, timeliness, completeness or integrity of the Website; or (c) that defects in the Website will be corrected. The Website is provided on an " as is where is" and "as available" basis. You expressly agree that use of the Website is at your own risk and you shall be solely responsible for any and all loss or damage that may result from the use there of.

Exclusion and Limitation of Liability

You agree that the transmission, uploading, and/or storage of your Photograph on the website may be interfered with by numerous factors beyond Subhash Photos control including internet, telecommunication, computer or utilities failure and that Subhash Photos shall not be liable to you for any loss or damage. You further agree that under no circumstances, including but not limited to negligence, shall Subhash Photos or its affiliates be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use the services offered at the Website. SUBHASH Photo's liability, including loss of prints if any, is limited to providing with one set of fresh prints free of charge delivered at the doorstep within a period of 30 days.

Termination

Th is User Agreement is effective unless and until terminated by either you or Subhash Photos . You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Subhash Photos may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Subhash Photos . Upon any termination of the User Agreement by either you or Subhash Photos, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Subhash Photos right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Downtime

SUBHASH Photos may schedule downtime in the Website for the maintenance purposes and suspend any service by posting a notice of such downtime on the Website. If there is any unscheduled downtime in the Website during which no user can access any service, SUBHASH Photo shall use all reasonable endeavours to promptly restore the Website to its proper operating condition.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Subhash Photos will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Delivery of Order

Any dates specified for delivery of order are estimates only. We will try our best to deliver your order within the specified time period. However, there might be delays due to unforeseeable reasons such as, acts of god,acts of the public,enemy, decrees or restraints by governmental authorities, internet, telecommunication, computer or utilities failure (including failures caused by (a) acts which impose unreasonably or disproportionately large loads on infrastructure or facilities such as "flooding","mail bombing" or "crashing" of the website; or (b)any virus, time bombs or other computer programmes routines that may damage, detrimentally interfere with intercept or expropriate any system, data or personal information), strikes, war, riots insurrections, civil commotion and other causes of such nature. Under such circumstances, Subhash Photos shall not be held responsible. We will also not be responsible for delivery at wrong address(es) if the address specified at the time of ordering is incorrect.

In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Subhash Photos for redelivery shall be claimed from you.

We guarantee that the photo prints will be delivered within 7 working days (excluding weekends and holidays), of your payment having been cleared.

What’s not Covered

-Delivery delays due to customer unavailability will not be covered. The courier may or may not contact you before coming.

-The 7 Days’ Delivery Guarantee is also not applicable during special promotional offers.

- We will put our best efforts to deliver the prints as early as possible in case of delays due to any technical problems.

Privacy Policy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy PolicyWe view protection of your privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in the India that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use the Site.

Contact Details:

You may contact us at:

Subhash Photo Plaza
1724/A, Ramdev Galli
Belgaum-590002.India
Ph: 08312421174, 4200527
support@SubhashPhotos.com