This document is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and rules thereunder and the amended provisions relating to electronic documents /records in various statutes as amended by the Information Technology Act, 2000. These terms do not require any physical, electronic, or digital signature.
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 Terms of Use for access or usage of the www.picnara.com Website.
2.1. Preamble
Picnara Techlabs Pvt. Ltd .(hereinafter " Picnara") made the Website Picnara.com (hereinafter the "Website") available to Internet users.
The ones who use and access the Website will be automatically considered as Users. Therefore, both physical persons who use the Website as end user and legal persons who use it as part of their professional activities in relation to the services Picnara offers to the professionals of the photography/videography sector.
Access to and use of the Website imply full and unreserved acceptance by Users of the content of the "Terms of Use", the "Privacy Policy" as well as, if necessary, the "Particular Conditions" that may complement, substitute or modify them in any way in relation to the services and contents of the Website. The User may access, print, download and save the Terms of Use at any time. These conditions will be permanently accessible on the Website through the link "Terms of use".
Picnara reserves the right to modify, without any prior notice, the content of the terms of use and therefore recommends that Users thoroughly read the texts contained therein before accessing and using any services of the Website.
Moreover, Picnara reserves the right to modify, without any prior notice, the design, presentation and/or configuration of this Website, as well as any or all of its services or features, being able to remove or add them at their judgment.
In any case, Picnara reserves the right, at any time and without any prior notice, to deny access to the Website to users who violate any of these General Terms of Use or any applicable Particular Conditions, or who, according to the unilateral criterion of Picnara, do not use the Website properly.
2.2. Object
The present General Terms of Use govern the access and use of the Website, which aims to be a reference point for those individuals and business in the process of hiring photographers and for the providers of services associated with these type of services.
In this regard, Picnara puts photographers and individuals/businesses in touch through the Website, placing at their disposal interaction tools, offering providers an objective public interested in the products and services they provide, and offering individuals/business the providers of photography related to their personal or business photography needs.
Picnara will only provide other users with the data and/or information provided by the User when this data and/or information does not violate legal regulations or the present General Terms of Use.
Picnara may, without prior notice, delete contents from the Website contrary to enforceable law or which would or could violate the rights of third parties, as well as contents that may be considered inappropriate or inadequate or that fail to meet the minimal desired quality standards.
The User acknowledges that it is not technically possible to achieve 100% Website availability. However, Picnara will endeavour to maintain the Website available as constant as possible. In particular for maintenance, security or capacity reasons, as well as a consequence of events over which Picnara has no control, (for example, failures in public communication networks, power failures, etc.), may cause brief anomalies or temporary suspension of the Services of the Website.
2.3. Obligations of the Website Users
The User agrees to make diligent use of the Website and the services accessible through it, in full compliance with the Law, good manners and these General Terms of Use, and, if necessary, with any applicable particular conditions and with due respect to other users. In accordance with the terms of paragraph four, section 2.2, above, Picnara reserves the right to remove any content without any notice that, in its discretion, does not meet the minimum quality requirements.
Users who access the Website as professionals of the sector and who use the website to offer their professional services explicitly undertakes to comply strictly with all and any regulations directly or indirectly affecting its activity and the professional development thereof, explicitly exempting Picnara of any possible liability arising from the Client's failure to perform any of its obligations. In this regard, Picnara may carry out the necessary investigations and request the documentation it deems appropriate to verify compliance with these obligations. Picnara reserves the right to deny access to the Website to those users who do not provide the requested documentation or who deliberately hide it and fail to comply with the applicable regulations.
In general, the provision of services does not require the prior registration or subscription of the users. However, Picnara conditions the use of some of the services to the prior completion of the appropriate User Registration Form (company or individual), choosing the ID and password that the User agrees to keep and use with the due diligence.
The use of the password is personal and non-transferable, the transfer, even temporary, to third parties is not allowed. In this regard, the User must take the necessary measures for the custody of the chosen password preventing third parties from using it. Consequently, the User is solely responsible for the use of their password and Picnara is fully indemnified. In the event that the User knows or suspects that their password has been used by third parties, they must bring this to the attention of Picnara as soon as possible.
All the information provided by the User, via any of the available methods, in order to receive the services provided by Picnara must be truthful and accurate. For this purpose, the User guarantees the truthfulness of the data they have provided by completing forms or answering requests made by Picnara which are necessary for the subscription of the Services.
Moreover, it shall be responsibility of the User to maintain all information provided to Picnara constantly up to date and adapted in each moment to the actual situation of the User. In any case, the User shall be solely responsible of any false or inaccurate statements it makes and the damages those may cause to Picnara or third parties.
The User agrees to respect the applicable laws and the rights of third parties when using the contents and services of the Website. Moreover, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of the Website, (texts, designs, graphics, information, databases, sound files and/or images, logos, etc.), and other elements of this Website, is expressly forbidden without prior authorization by its legitimate owners or when permitted by Law.
In particular, the User is forbidden from: using libelous or slanderous contents, regardless of whether that content affects other users or individuals or companies, using pornographic content or contents that violate the laws on the protection of minors, advertising, offering or distributing pornographic products or products that violate the laws on the protection of minors, disturbing other users, (especially through spam), using legally protected contents (e.g. by laws on intellectual property, trademarks, patents, utility models or aesthetic models) without being entitled to do so or advertise or offer or distribute legally protected goods or services, as well as perform or promote actions contrary to free competition, including those aimed at progressive customer acquisition (as a chain system, snowball or pyramid scheme). Moreover, Users are prohibited from promoting goods and services that lead to their own benefit or that of persons related to them.
The User is prohibited from performing, by way of example but not limitation, the following actions:
The user is aware and voluntarily accepts that the use of the Website and the services provided through it occurs in all cases under his sole responsibility.
Users are liable for damages of any kind that Picnara or any third party may suffer as a result of the breach of any of the obligations to set forth herein or by the law in relation to using the Service.
Picnara shall not mediate in conflicts between users or between users and third parties that may interfere with the proper provision of its services and reserves the right to remove them from the Web Site or to cancel any existing contract, where applicable, until any dispute or disagreement has been completely resolved.
2.4. Obligations related to the insertion of content into the Website
By including information, text, audio, video and/or images /visuals on the Web Site (hereinafter the "Content"), the User declares to be the legitimate holder of the intellectual property rights of such Content for the reproduction, distribution and public communication thereof by any means or through any form of support, extending internationally for everyone and with complete legal validity with the intention of protect such rights.
In this regard, the User declares to have sufficient rights for the insertion of the Content on the Website and expressly exempts Picnara for any claim that may arise for it from this circumstance. Users are solely responsible for obtaining any authorization, permit or license required for the completion and publication of the Content.
Picnara does not allow the inclusion of content that, in its opinion, reduces the quality of service. It is prohibited to include contents that:
Picnara reserves the right to remove any Website content it deems inappropriate for the character and purpose of the website and users without any prior notice. It also reserves the right to modify and / or adapt content, if necessary without any prior notice, without thus affecting the integrity of the contribution, in order to adapt it to the formal requirements and the quality of the Website or the media on which such content may appear, according to the provisions of the General Terms.
Although Picnara uses media to try to ensure that the contents do not violate the foregoing prohibitions, and that they meet the quality parameters of Picnara and the rules contained herein, it is not able to control each and every one of the published contents and is therefore unable to assume responsibility for them.
If a user notices any inappropriate content on the website, they may contact Picnara through our Customer Care service: support [at] picnara.com
With regard to contents involving minors, Picnara expresses its willingness to promote the proper use of Internet. It also declares its desire to avoid the practice, the dissemination of messages or images of illegal nature or such that may or cause harm to human dignity, the safety or the values of protection of children and youth.
The website acknowledges, respects and protects the rights of minors in the context of protection of youth and children both nationally and internationally.
In accordance with the provisions of the regulations in force, it is considered to be an illegitimate interference in the right to honor, personal and family privacy and self-image of the child, any use of their image or name in the media that may cause damage to the child's honor or reputation, or that is contrary to their interests even if the child or their legal representatives have given their consent.
In this regard, any user who includes on the Web Site Content able to infringe the rights set forth in the preceding paragraph shall be immediately removed and their behavior reported to the relevant government agencies.
For this purpose, the users are reminded that pursuant to the regulations in force, anyone who uses a minor for the purposes of or in exhibitionist or pornographic performances is punishable by imprisonment of one to three years.
Notwithstanding the foregoing, the inclusion on the Website of personal data of minors and, in particular, their image, implies the explicit and unreserved statement of the User who made the insertion that:
Any Content provided by users will become part of the composite work that is the Web site as an object of intellectual property rights, whose sole shareholder is Picnara. In this regard, the User who contributes any Content expressly states that they give freely and free of charge a license to the Content provided to Picnara and any intellectual property rights on it and in particular the rights of reproduction, transformation and public communication for everybody and during the legal period of protection thereof.
2.5. Responsibility and distribution of content, data and / or user information
Picnara can use and spread the content that users have contributed to the Website and, in particular, will be able to broadcast them in any of the websites or social networks in which Picnara is present.
For this reason, Picnara may modify or adapt the content if necessary, in order to respect the graphic design of the Website or other media of communication used on the Picnara platform without such modification or adaptation be respectful of the integrity of the provided content. These rights or licenses of use are granted for everybody and during the legal period of protection of the rights of the user.
Picnara has no obligation to monitor the use made by Users of the services provided by it and therefore cannot guarantee that users use them in accordance with the provisions in these Terms, or use them diligently or prudently.
Similarly, Picnara has no obligation to verify the identity of the users or the accuracy, validity, completeness and/or authenticity of the data that users provide about themselves, as the latter assume all responsibility with regard to providing Picnara with real information that corresponds to the actual situation of the User who provided it, as Picnara informs herewith.
Notwithstanding the foregoing, Picnara reserves the power to restrict, totally or partially, the access of certain users, and to cancel, suspend, block, edit, or delete certain type of content, or cancel the accounts of users who misuse the Website or if Picnara acquires actual knowledge that the activity or stored information is unlawful or harms property or rights of another, using suitable technological tools for this purpose,. In this regard, Picnara may set up the necessary filters to prevent that illegal or harmful content or content used for purposes contrary to the purposes of the website spills into the network through the service.
Users may submit suggestions or proposals for the improvement of various information, activities and / or content and / or services enabled on the Web site, contact the Wedding Customer Care service by clicking here. Any new feature developed on the basis of a suggestion from a User shall be fully owned by Picnara and the User shall hold no rights over it.
2.6. Disclaimer of warranties and liability
Except where expressly described in the Terms of Use and the rest of the regulatory framework of the Website, Picnara shall not be liable for damages of any kind caused by the lack of accuracy, completeness, timeliness or errors or omissions that may be affecting the information or the services contained on this website or other content that can be accessed through it, nor does it assume any obligation or commitment to verify or monitor the content and information.
Similarly, despite putting the technical means at their disposal, Picnara does not guarantee the availability, continuity or infallibility of the operation of the Website, and therefore excludes, to the maximum extent permitted by law, any liability for damages of any kind that may be due to lack of availability or continuity of the Website and the services enabled therein, as well as errors in accessing the different web pages or those from which the services are provided.
Picnara shall not be liable for the contents, data and / or information provided by users of the website, nor for the contents of external websites to which it links. In particular, Picnara does not guarantee that these contents are true, meet a specified purpose or serve that purpose.
Moreover, Picnara shall not be responsible for the opinions expressed by users using the portal, forums, communities, or other tools of participation or opinion. Without limiting the foregoing, Picnara shall use the means at its disposal to moderate as much as possible the opinions expressed by users on the Website, in order for them to not violate the rights of third parties.
Finally, Picnara assumes no liability of any kind in relation to the success of possible transactions conducted between users.
2.7. Links to third party websites
Picnara includes within its contents links to sites owned and / or managed by third parties in order to facilitate access to information available through Internet. These links may be linked or not indicated web sites.
Picnara assumes no liability for the existence of links between the content of this site and contents located outside the site or any other reference to contents external to this site. Such links or references are for information purposes only and in no way imply support, approval, commercialization or any relationship between Picnara and the persons or entities and / or managers of such contents or sites where the information is found.
2.8. Law and Jurisdiction
The General Terms of Use and other legal conditions of the website are governed by Indian law.
For any questions which may arise or actions arising from the provision of services and contents by the Website and the interpretation, application, fulfillment or breach of the provisions herein, Picnara and the User, expressly waiving any other jurisdiction that may apply, submit to the jurisdiction of the Courts of the state of Uttar Pradesh.
The use of the community service implies that users accept the General Terms of Use of Community Service and other provisions contained in the legal conditions of the website.
3.1. Terms of Use of the Community Service and their acceptance
These Terms of Use of the Community Service govern the provision of the community service of the Website by Picnara and the conditions of use of the service by its users.
Picnara offers its Users the Community service so that individuals/businesses in the process of hiring photographers can exchange views and comments on all services associated with the celebration. In no case does Picnara allow the use of the Community in particular and the Web site in general as a platform or promotional support for professionals, particularly when these professionals are personally linked to any user and it is the user who was promoting.
It is also prohibited to use the Community for mass contacts between users. Picnara has the technical means to detect and remove, if necessary, such mass mails.
The use of this service by users is conditioned upon the completion of the registration form within the Community and the prior acceptance of the legal conditions of the website, as published by Picnara, at the very moment in which the user accesses the service.
The use of the Community is also subject to all notices, use regulations and instructions made available to the User by Picnara.
The use of the Community Service is limited to Users of the Website who are active members in it, using it for hiring photographers for a personal/business events across various industries who have a file on the Web Site. Notwithstanding the above, the main purpose is to facilitate the individual/business hire a photographer/videographer, and not to serve as a platform or promotional support to professionals in the photography industry. For this reason, Picnara reserves the right to restrict or terminate access to the Community to those users who make improper use of it.
Picnara reserves the right to modify at any time these Terms of Use of the Community. They shall apply from the time they are made available to users through the Website. Picnara encourages its members to view the conditions each time they use the Forum service as they may change.
If the user decides not to accept the present legal conditions, and / or any future conditions and notices that may be forwarded by Picnara must refrain from accessing and / or using the Forum Service offered.
The User that participates in the Community accepts that all content that they publish will be known to the rest of the participants in the aforementioned Community.
All contents provided by the User to Picnara through participation in the community service shall be added to the Web site, being intended the latter as an object of protection of intellectual or similar property rights. In this sense, the User grants to Picnara for free the use of all the contents provided by participating, which will be incorporated in the Website, in accordance with the provisions of Clause 2.4 above.
3.2. Purpose and Description of the Service
The purpose of these conditions is the provision of the Community service through the Web Site. Users, for free and after validation of the previously assigned username and password, can interchange, access, respond to messages and, in general, talk with other service users in order to express opinions and exchange views about information, activities and / or services that are already included in the Web Site or which can be accessed from it, as well as related issues.
3.3. Access to the Community Service
The service is accessed using a user name and a password or a transferable personal key chosen by the user. The user assumes the consequences for the breach of confidentiality and misuse of keys and access codes.
The service can be accessed freely by people over 18 years of age. Access to minors is restricted.
3.4. Obligations of the Users
The User agrees to use the service in accordance with Community law, these Terms of Use of the Community Service, the legal conditions of the website, as well as morality and generally accepted good customs and public order.
The User agrees not to use the service for illegal purposes, contrary to the provisions of these Legal Terms and Conditions of the Website, harmful to the rights and interests of others, or in any way able to damage, disable, overload or deteriorate the service or prevent the normal use or enjoyment of the service by other users. In particular, by way of example and not limitation, it is hereby prohibited to transmit, distribute or make available to third parties, through the service, any information, messages, graphics, sound files and / or images, photographs, recordings, software and, in general, any kind of material, data or content that:
On the other hand, Picnara reserves the right to remove and / or suspend any user services for breaching the provisions of the legal conditions, and to eliminate, remove and / or suspend any message that incorporates information with the characteristics listed in the letters A to H, and even if it is not listed there, without prior or further notice and may even deny access to the user who is author of the message if, at the discretion of Picnara it breaches any of the objectives of the Community.
3.5. Content inserted by users
The messages and Content provided by the Users in the Community exclusively contain the opinions and experiences of the senders and their content is solely and exclusively the responsibility of the Users who incorporate them in the Website.
3.6. Disclaimer
Picnara is not in any way responsible for the messages sent by their users and the latter explicitly exonerate Picnara from any liability for damages of any nature arising from both the message content and from the knowledge that third parties may have regarding the conditions, characteristics and circumstances of use of the service made by the users or that could be due to the access and, where appropriate, the interception, removal, modification or manipulation by third parties authorized or not, of the messages that Users disseminate or make available to third parties through the community service, although Picnara undertakes to make available the tools necessary to prevent that the participation of Users in the Community does not prejudice or violate the rights of third parties.
3.7. Personal Data
Picnara informs its users that it will process the personal data according to the terms of the Website's Policy for the Protection of Personal Data in accordance with regulations.
Also, the user expressly allows for the opinions and content contributed to the Website to be found and accessed by Internet search engines. Notwithstanding the above, there are discussion groups that, due to their strictly confidential and intimate content, as determined by Picnara, will not be accessible by these search engines, and neither will the personal profile of users be accessible.
Users guarantee the truthfulness, accuracy, validity and authenticity of the Personal Data provided, and undertake to keep them updated.
3.8. No license
Picnara authorizes the User to use the intellectual and industrial property rights to the software that allows the execution of the services that make up the Service only as provided for in these Conditions.
Notwithstanding the foregoing, Picnara grants no license or authorization of use of any kind on its intellectual property or any other property or right related to the Community Service or the Website itself or on the contents of the Website's Intellectual Property Rights Statement that the users can find in the legal conditions.
3.9. Applicable legislation
These Terms are governed in each and every one of its clauses by the laws applicable in India.
Copyright é 2017 - 2019 PICNARA TECHLABS PVT LTD . - All rights
All exploitation rights are reserved.
This Website is governed by Indian laws and is protected by national and international legislation on intellectual and industrial property.
The texts, designs, images, databases, logos, structure, brands and other elements of this site are protected by laws and international treaties on intellectual property.
Any reproduction, transmission, adaptation, translation, modification, public communication or any other use of all or part of the contents of this site, conducted in any form or by any means, electronic, mechanical or otherwise, is strictly prohibited without prior written authorization by Picnara or other owners. Any infringement of these rights may lead to extra judicial or judicial civil or criminal proceedings.
Picnara does not grant any license or authorization of use of any kind on its intellectual property or any other property or right related to the Web Site, the services or the contents.
The User authorizes Picnara to use free of charge their logos, trademarks and Contents provided to Web Site for the provision of the contracted services. The user also authorizes Picnara to use these logos, trademarks and content free of charge in all sections of the Website as well as in the social networks in which Picnara is present, always indicating the source.
The User expressly states that none of the contents provided to Picnara violates any industrial or intellectual property rights or any other rights of third parties, explicitly exonerating Picnara with regard to any claim relating to this matter made by any third party and assuming full responsibility for these acts.
The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by users is the sole responsibility of the latter, expressly exempting Picnara from any possible claims brought forward by third parties.
For the purposes of protecting the intellectual property rights, in the event that any user or third party considers that there has been a violation of their legitimate rights caused by the introduction of certain content on the website, they should notify in writing PICNARA TECHLABS PVT LTD( Picnara) by email at connect [at] picnara.com, indicating:
Picnara wants all individuals/businesses and photographers to feel welcome and included on its Web sites, applications, and tools (the ââ¬ÅPropertiesââ¬ï¿½).
Accordingly, Picnara prohibits discrimination against individuals, businesses, couples, guests, photographers, vendors, or employees of Picnara based on race, color, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law.
Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics.
As further addressed in our Terms of Use, this prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on our Properties. Picnara will, at its discretion, take steps to enforce this policy, up to and including suspending photographers and users who violate this policy from our Properties.
If you experience discrimination with any user or photographer, please contact connect[at] Picnara, with the subject ââ¬ÅNondiscrimination Policyââ¬ï¿½, so we can investigate and take appropriate measures.
These particular conditions (the ââ¬ÅParticular Conditionsââ¬ï¿½) regulate the access and use of the Online Chat Service that Picnara offers its Users to provide assistance and support within the framework of the use of the website Picnara with the goal of optimizing the User experience in the search for vendors according to predetermined generic criteria.The Picnara Online Chat Service does not offer, under any circumstances, any services related to photography/videography but only helps in the clients and the photographers/videographers to connect on the Web Site.
The terminology used in these particular conditions refers to the following concepts:
Through the use of the Service, the Users accept the Legal Conditions of the Web Site, as well as these particular conditions, aforementioned. The Service offers Users assistance via chat and/or phone communication from Support with the objective of guiding them and accompanying them in an optimized use of the Web Site in accordance with goal detailed above in the definition of ââ¬ÅServiceââ¬ï¿½ above.
For this purpose, Picnara Support contacts users via chat and/or the phone number provided by the Users through any method used on the Web Site, with the purpose of providing assistance in the use and, particularly, in sending inquiries to those professionals in which the Engaged Couples could be interested, according to the information gathered by Picnara Support. By providing a phone number to Picnara, the User is consenting to Picnara using that phone number to contact the User and, to that the User is interested in contacting professionals, the User also consents to Picnara providing that phone number to the professionals.
The subscription/package amount can only be refunded within 1 week from the date of payment. In case the time exceeds 1 week, the return of services and refund of the payment is not allowed
The subscription/package payment cannot be refunded if the users are unable to close any projects. Even if no or zero projects are closed by users/photographers, the subscription amount will not be refunded. It needs to be understood that Picnara is a lead provider and does not have any liability with respect to finalizing of the photography projects.
Picnara runs offers from time to time under the Minimum Business Guarantee program wherein if the user/photographer is unable to earn a pre-defined sum of money, he or she is eligible for a partial refund. However, to be eligible for the refund, following conditions need to be met and adhered to-
Example -
Applications provided - 200 Assignments applied - 200 Minimum Business Guarantee - 2,00,000 Total Revenue Made - 1,00,000 Subscription cost (GST Incl.) - Rs.20,000 Refund = 20000/ (1.18*200)* 100 = Rs.8474.5
June 6, 2019