Terms & Conditions
Welcome to Beautifulphotos, We are committed and respect your privacy for maintaining safe and secure online shopping services.
Please read the following terms and conditions carefully before registering, accessing, browsing or using the site. By accessing or using the site or by using the service, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.
Your Agreement to these Terms and Conditions of Service
The following Terms & Conditions apply to your access to Beautifulphotos and use of the services offered there in by Beautifulphotos 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 Beautifulphotos are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created hereunder.
Beautifulphotos 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 Beautifulphotos makes any such changes, you agree to be bound by the revised Terms.
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. Beautifulphotos reserves the right to terminate your membership and refuse to provide you with access to the Site if Beautifulphotos discovers that you are under the age of 13 years.
Account and Registration Obligations
You also agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by Beautifulphotos 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 Beautifulphotos has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Beautifulphotos has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
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 Beautifulphotos 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.
a. While Beautifulphotos strives to provide the accurate product and pricing information, pricing or typographical errors may occur. Beautifulphotos cannot confirm the price of a product until you confirm your 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, Beautifulphotos 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, Beautifulphotos 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 have been dispatched, your offer will not be deemed to be accepted and Beautifulphotos 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 Beautifulphotos accepts your order the same shall be charged to your credit card/debit card/internet banking account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Beautifulphotos dispatch of the product that you have ordered. If we have to cancel the said order after we have processed the payment due to any reason, the said amount will be reversed back to your credit card/debit card /Internet banking account in a suitable time frame communicated to you in a separate email. All prices mentioned in our website are in Indian Rupees until explicitly specified.
Shipping charges would be EXTRA unless specified specifically as “Price includes Shipping” but does not include Gift wrapping charges. No order shall be considered confirmed until such confirmation is communicated to you in writing from us. You agree to render payment for any goods or services purchased from the BeautifulPhotos on the Site in accordance with the terms hereof. You will be entitled to refunds only in accordance with the terms and conditions of Beautifulphotos.
No Obscene or Infringing Material
You should not
a) upload to Beautifulphotos any Photographs which contain material that is unlawful, threatening, abusive, libellous, 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 Beautifulphotos 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 Beautifulphotos has no obligation to monitor the Photographs. However, Beautifulphotos 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, Cancel the order of such photogrpahs and to remove any Photographs (which are ) that in Beautifulphotos 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. Beautifulphotos may, from time to time, offer other methods to upload Photographs. You agree and undertake to be bound by and to comply with any and all conditions that Beautifulphotos may additionally impose in respect of any new uploading method. The landing page / layout of Beautifulphotos may change from time to time and you agree to undertake and bound by with all the changes incorporated.
Storage of Photographs
Upon acceptance of your user registration form, you agree to store your Photographs in your photo albums for a maximum period of 30 days from uploading thereof, and if you fail for any reason to remove your Photographs on the expiry of the maximum period, Beautifulphotos may, at its sole discretion and without further notice or liability to you, remove the same from your photo album(s).
We recommend you to keep back-up copies of your Submissions on your hard drive or other personal system. The Beautifulphotos service is not intended as a guaranteed back-up solution.
Membership is presently free. Beautifulphotos further reserves the right to subsequently charge fees for the storage of your photographs at the Website.
The charge to your credit card/debit card/internet banking would be CCAvenue/Subhash photo systems. BeautifulPhotos is aSubhash Photo systems Tilakwadi Belgaum initiative.
You agree, understand and confirm that the credit card/debit card/internet banking details provided by you for availing of services on Beautifulphotos are correct and accurate and you shall not use the credit card/debit card/Internet banking which is not lawfully owned by you. i.e. in a credit card transaction, you must use your own credit card/debit card/Internet banking.
To pay for the order we or our authorized partner may ask you to provide credit card/debit 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/debit card details to BEAUTIFULPHOTOS.IN Further the said information will not be utilized and shared by Beautifulphotos with any of the third parties unless required by law, regulation or court order. Beautifulphotos will not be liable for any credit card/debit card/ internet banking fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. We don’t store any credit card/debit card/internet banking details on our server, it is our partner payment gateway that will utilise the same for processing the said transaction.
Cash On Delivery:
You agree and confirm that on ordering the product
a) BeautifulPhotos will call you for a confirmation of COD order.
b) Order once placed cannot be withdrawn.
c) You agree to make payment upfront to the courier/runner person on receipt of goods.
d) Any refund will be as per the Refund policy of the company.
You Agree and Confirm
That you will use the services provided by Beautifulphotos , its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. Beautifulphotos reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Beautifulphotos has the right in its sole discretion to reject the registration and debar you from using the Services of Beautifulphotos and/or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
Colour of prints & Sizes
It is agreed and understood by the parties hereto that the quality of the prints and sizes 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 and sizes may not be acceptable for which BEAUTIFULPHOTOS 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. Also there might be slight difference in the sizes of the prints depending on the actual photo taken /clicked.
Modification of Terms and conditions of Service
Beautifulphotos 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 BEAUTIFULPHOTOS.IN You should regularly review the User Agreement on Beautifulphotos . 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/Bangalore, 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 Beautifulphotos 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/Bangalore. You have to abide by the laws of Beautifulphotos and the concerned company with which Beautifulphotos is dealing with. (Here in this case it’s Mediaclip.Inc).
Obligations of the customer: The customer agrees to abide by the terms, & conditions, Restrictions & jurisdiction imposed by Mediaclip upon Beautifulphotos in respect of use of soft2print service (Software) which are applicable to customers.
We may provide links to third-party sites that might be of interest to you; however, we have no control over the contents or availability of the contents of on these sites. You acknowledge and agree that Beautifulphotos is 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 Beautifulphotos 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 Beautifulphotos 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 will always remain Beautifulphotos property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Beautifulphotos of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Beautifulphotos 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. Beautifulphotos 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. Beautifulphotos 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 libellous 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”. Beautifulphotos 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 Beautifulphotos 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 Beautifulphotos and its affiliates for all claims resulting from any Comments you submit. Beautifulphotos and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
Beautifulphotos 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 Beautifulphotos or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Beautifulphotos. 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 prior permission of Beautifulphotos . You may not modify, distribute or re-post anything on this website for any purpose. The Beautifulphotos names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Beautifulphotos. 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 Beautifulphotos endorsement, sponsorship or recommendation of the third party, information, product or service. Beautifulphotos 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 the software used on this Site isare the property of Beautifulphotos or its suppliers and protected by Indian and international copyright laws. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
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, Beautifulphotos and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Beautifulphotos, 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 Beautifulphotos or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment 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.
Beautifulphotos 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 Beautifulphotos prior explicit consent
The content and material from or through the site are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability, non-infringement, freedom from error, and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. The publisher and its affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, the publisher and its affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the agreement between the publisher and you. This site and the products, services, documents, content and materials and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
Beautifulphotos 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, connectivity issues, 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.
Limitation of Liability
You agree that the transmission, uploading, and/or storage of your Photograph/s on the website may be interfered with by numerous factors beyond Beautifulphotos control including internet, telecommunication, computer or utilities failure and that Beautifulphotos 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 Beautifulphotos or its affiliates be held 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. System downtime for maintenance, repair, up-gradation of software, or any modification or creation Beautifulphotos shall not be liable for any loss or damage of the data uploaded. BEAUTIFULPHOTOS liability, including loss of prints if any, is limited to providing with the printing/framing of one FRESH set of the order made and in Question within a suitable time frame. No fresh claims can be made by you in this regard later.
This User Agreement is effective unless and until terminated by either you or Beautifulphotos. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Beautifulphotos 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 Beautifulphotos. Upon any termination of the User Agreement by either you or Beautifulphotos, 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. Beautifulphotos 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.
Beautifulphotos may schedule downtime in the Website for the maintenance purposes and suspend any service by posting a notice of such downtime (Period) on the Website. If there is any unscheduled downtime in the Website during which no user can access any service, Beautiful Photos shall use all reasonable endeavours to promptly restore the Website to its proper operating condition.
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. Beautifulphotos 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. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content and Materials contained in the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content and Materials, to obtain or attempt to obtain any information through any means not purposely made available by the Publisher through the Site.
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 7 WORKING DAYS from the day you placed the order. However, there could be delays due to unforeseeable reasons such as, acts of god, acts of the public, enemy, decrees or restraints by Governmental authorities, Bandh called by some organisations, 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, Beautifulphotos 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 Beautifulphotos for redelivery shall be claimed from you.
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.
Refund and Return Policy-
To the extent that you purchase any goods or services directly from Beautifulphotos, we will refund to you your purchase price within thirty (30) days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased (received). Please note, however, that certain products and services mentioned on the Site are sold by third parties or are linked to third party web sites, we shall have no responsibility or liability for those products or services.
Returns not possible when
There are certain scenarios where it is difficult for us to support returns
– Return request is made outside the specified time frame (Not more than 15 days).
– Product is damaged because of use or Product is not in the same condition as you received it
– Defective products which are covered under the manufacturer’s warranty
– Items that are returned without original packaging, freebies or accessories
Orders for the printed products can only be cancelled if they are in a payment pending stage or the product has not been sent for processing. As our printing systems are completely automated, an order cannot be cancelled once it has already been sent for processing. On cancellation of the order, the entire order amount will be refunded to the customer subject to cancellation charges of 20% of the amount of the order placed.