Terms And Conditions
While we strongly encourage you to go through the full Terms of Service below, here are a couple of highlights in non-lawyer-speak that you might be interested in:
1. We will vigorously protect your privacy and intellectual property. Your pictures, designs and personal information will always be your property only used by us to provide you this service. Your pictures and designs will never be copied or reused in a manner that violates your privacy or intellectual property.
2. Your use of our service has to be within the limits of the law. We can take action for anything that violates the law.
Terms of Services
Welcome to the website of VinoClicks (“Site”/ “website”) to avail the products and services of VinoClicks (collectively the “VinoClicks Products and /or Services”) which is provided by VinoClicks(“VinoClicks” or “we” or “us” or “our”).
You must be legally competent to enter into this Agreement. We do not render any advice, certifications, guarantees or warranties relating to the VinoClicks Products and / or Services which we make available on this website. The use of this site is governed by these Terms and Conditions (“Agreement”). When you (“You” or “Your”) use this site, you acknowledge that you have read this Agreement and accept to be bound legally by the terms herein or such terms as may be modified from time to time.
IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE VinoClicks SERVICES OR THE SITE
We reserve the right at any time to change all or any part of this Agreement; change the VinoClicks Products and/ or Services being provided, including by eliminating or discontinuing any content on or feature of the VinoClicks Service; and change any fees or charges for use of the VinoClicks Services. Any changes we make will be effective immediately upon notice, which we may provide by any means including without limitation, posting on the website or by electronic means such as mail sent to your email id registered with VinoClicks or through messages sent to your registered mobile number with VinoClicks. Your continued use of the Service after such notice will be deemed acceptance of such changes. You are responsible for checking this Agreement periodically for changes. Upon Our request, you agree to sign a non-electronic version of this Agreement.
About the VinoClicks services
VinoClicks Services include without limitation Photography & Video Services, creating customized photo books, prints, posters, calendars, share books, moment books, canvas, home decor, gifting where You can upload photos, create product, place order, make online payment etc.
You must be above eighteen (18) years of age to utilize VinoClicks Services and you hereby formally affirm to have completed eighteen (18) years of age at the time use of this Site.
Utilization of VinoClicks Services available on Our Site requires registration. Registration shall not be available to users below eighteen (18) years of age. Each registration is for a single individual user only. In order to register, you will need an individual user name or Login ID (“Login ID”) and a password.
You agree to
1. Provide true, accurate, current and complete data about yourself on the Site’s registration form (“Registration Data”);
2. Promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of this, we will have the right to suspend or terminate your use of VinoClicks Service and/or terminate your account with VinoClicks. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not;
3. Not have a Login ID that is vulgar, attempts to impersonate another person or violates the law or the rights of others. We may reject any Login ID that we determine in our discretion is unacceptable;
4. Immediately notify us of any unauthorized use of your password or account or any other breach of security;
5. Ensure that you log out/exit from your account each time you complete using VinoClicks Services through your account with us.
You acknowledge and agree that access and use of password protected and/or secure areas of VinoClicks Service are restricted to users who have been given a valid password by our site. You agree not to access these areas of the Service without appropriate authorization and acknowledge that in the event you attempt to access/use such restricted areas of the VinoClicks Services, you may be subject to prosecution.
Access to Service and Obligations
You may use the VinoClicks Products and /or Services for lawful purposes only. You may not submit or transmit through VinoClicks Products and /or Services any material, or otherwise engage in any conduct that:
1. Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts, is lascivious or appeals to prurient interest;
3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. Impersonates any person, business or entity, including Us and Our employees and agents;
5. Attempts to exploit a minor (under the age of 18);
6. Requires you to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
7. Requires you to upload, post, email, 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 (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8. Requires you to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
9. Interferes with or disrupt the VinoClicks Products and /or Services or damage, disable, overburden, or impair our servers or network servers or networks connected to VinoClicks Products and /or Services, or not comply with any requirements, procedures, policies or regulations of networks related to VinoClicks Products and /or Services;
10. Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
11. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
12. Violates this Agreement, guidelines or any policy posted on the website; or
13. Interferes with the use of VinoClicks Products and /or Services by others; and
14. Intentionally or unintentionally violates any applicable local, state, national or international law, including any regulations having the force of law.
15. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.
Use of VinoClicks Applications
The use of any part of the VinoClicks Services is solely based on your acceptance of VinoClicks’s Terms of Service as detailed herein.
You may not use any technologies of VinoClicks to violate the Terms of Service.
You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution or use of your Content or the VinoClicks Products and / or Services.
Any material, contents or information downloaded or otherwise obtained from the VinoClicks 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.
You are using the VinoClicks Services AT YOUR OWN RISK and we are under no obligation to provide You with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the software for using our website.
No Resale of VinoClicks Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the VinoClicks Services (including Your Login ID), use of VinoClicks Services, or access to VinoClicks Services.
Termination of VinoClicks services
In its sole and absolute discretion, with or without notice to you, We may (i) suspend or terminate your use of VinoClicks Service; or (2) terminate your account.
You may terminate your account for any reason by emailing us prior to such termination.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the VinoClicks Services.
You are responsible for all costs in obtaining the equipment and internet connections that you will need to access our website. You are responsible for checking with your internet access provider (including your telecom operator if you access our Site using wireless applications) to determine all costs that you may incur in accessing the internet and VinoClicks Services.
Fees & Payment
We may offer premium products and services and content through VinoClicks Services for a fee. Payment and other applicable purchase terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms that shall supplement this Agreement.
Content submitted or made available for inclusion on the VinoClicks services Certain areas of VinoClicks Services may allow you to submit or post material, such as photos, images, texts (“Content”) that can be accessed and viewed by others, including the internet audience in general. You may not submit Content on or through our Site that you do not have a right to make available under any law or under contractual or fiduciary relationships. You may not submit content that violates this Agreement. We do not claim ownership of any Content that you may post. However, by submitting Content to on the VinoClicks Services, you grant Us, our agents and distributors (including Partners , Exclusive Partners and Franchisees) a royalty free, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, publicly perform, display, create derivative works from, distribute, perform and display such Content for internal and non commercial purposes.
“Publicly accessible” areas of the VinoClicks Services are those areas of the website that are intended to be available to the general public. By way of example, publicly accessible areas of the VinoClicks Services would include “VinoClicks Products” that are open to both members and visitors. However, publicly accessible areas of the VinoClicks Services would not include portions of our Site that are limited to members, or areas off our network, of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by us.
We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on VinoClicks Services by third parties, whether such third parties are users of the VinoClicks Service or others. The opinions expressed reflect solely the opinions of the participants and may not reflect our opinions. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the VinoClicks Services. We may, but have no obligation to, monitor any materials displayed, transmitted or otherwise made available on or through VinoClicks Services.
We respect the intellectual property of others, and we ask you to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may, in our sole discretion, investigate the allegation and/or edit, remove or request the removal of such Content. Notwithstanding the foregoing, we do not ensure that any such content will be edited or removed. However, we may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers.
We own all right, title and interest in and to the VinoClicks Service and all materials contained in the VinoClicks Services, including, without limitation, our Site designs, logos, button icons, images, digital downloads, data compilations, text, and graphics that are protected by copyright, trademark and other intellectual property laws except for the Content uploaded by the users in which ownership still lies with the user who uploads such photos or images. Any unauthorized use of the materials provided as part of the VinoClicks Services is strictly prohibited.
VinoClicks acknowledges consents and agrees to protect your Intellectual Property in all the content submitted by you on our website.
Permission is granted to individual consumers to electronically copy and to print hard copy of portions of the Site or other Service solely for personal use. Any other use of materials on the Site or other VinoClicks Services, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of our authorized authority is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content contained therein without prior written permission of our authorized authority.
The proprietary product and service mark of VinoClicks. Our service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.
Third party Contents may also be accessible via links, we do not claim any copyright on the Contents appearing on such third party sites nor shall be held responsible for any mistakes which might appear therein.
Notice for Infringement of Intellectual property rights
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our authorized authority with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing, is located on our Site, with enough detail that we may find it on the website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Terms for Promotions/Contests/Offers/Campaigns
General Terms for Offers and Promotions
1. Discounts will be applied to the total merchandise value including VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied. Final charges after applying coupons and vouchers will be inclusive of product charges and as well as customization charges.
2. Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
3. Discount coupons – Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered. In the rare event of a cancellation done in line with the Cancellation Policy detailed elsewhere in this document and if a refund is required to be made by us, this will be made in the same way as the original payment method (i.e. through NEFT/RTGS/IMPS).
4. Promotional discount coupons – We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made through this Website.
5. VinoClicks shall introduce various offers, schemes or contests at different times. The terms and conditions for such contests shall be separately made available on the website.
6. VinoClicks reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. VinoClicks, at its discretion, can withdraw a particular scheme from the website or market.
In case of any query pertaining to use of coupon and/or credit note or regarding the schemes, please email customer care at email@example.com.
While participating in any contest, you hereby agree to abide by all the rules of the contest and release and hold VinoClicks (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand. The decisions taken by VinoClicks with regard to the results of such contests will be final and binding.
Credit check & Fraud prevention
We use standard and authorized payment services and our Credit Check and Fraud Prevention policies are aligned to these companies. All disputes would be handled by Bangalore courts.
To the extent that you purchase any goods directly from us which are defective or damaged, we will provide a free replacement within ten (10) days of you notifying us in writing of the defect/ damage along with your order number along with the product returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on the website may be sold by third parties or are linked to third party web sites, and we shall have no responsibility or liability for those products or services. You may obtain any additional information concerning the Replacement policy, including our postal address, by contacting us by email sent to firstname.lastname@example.org.
Our systems are completely automated, and hence an order cannot be cancelled once it has already been sent for processing. Orders for the printed products can only be cancelled if the product has not been sent for processing. On cancellation of the order, the entire order amount will be refunded to you within 15 working days. You may request a cancellation by contacting us via email sent to email@example.com.
Shipping & Delivery Services
We dispatch all deliveries using a selection of empanelled courier partners. The Courier service used for your order will depend on the serviceability of the pin code by our courier partners.
VinoClicks does not provide any guarantee on the quality of service provided by the photographers and strongly encourages you to interview them, perform your due diligence and ensure that they are right for your needs. Availing of services from the photographers shall be at your own risk.
Users using any of the VinoClicks services across the following mediums i.e. through internet i.e.photographers.adphotography.in Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer, wherein they are cautioned to make all relevant enquiries before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the photographer listed with VinoClicks.
Users are cautioned that all and any information of whatsoever nature provided or received from the photographer/s is taken in good faith by VinoClicks , without least suspecting the bonafides of the photographer/s and VinoClicks neither confirms / acknowledges nor subscribes to the claims and representations made by the photographer/s listed with VinoClicks. Further, VinoClicks is not responsible for any act of photographer/s listed with VinoClicks.