Terms & Conditions

Welcome to Prabhu Photos’ website. We encourage you to read these Terms of Use (“Terms”) carefully. They contain the legal terms and conditions that govern your use of and access to our website as well as the provision of products and services. Certain services, promotions and features may have additional terms and conditions which are applicable to those services, promotions and features, and those additional terms and conditions are hereby incorporated by this reference.

By visiting the Sites, you are signifying your assent to these Terms and our Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through the site, including any mobile applications, are also governed by these Terms. We, Prabhu Photos may revise these Terms from time to time by posting a revised version on this page on this site. Furthermore, your continued usage of this site after we, Prabhu Photos, posts any changes and/or updates will constitute your acceptance of said changes. Additionally, by ordering products from Prabhu Photos you acknowledge that you have read and reviewed these terms in their entirety, you agree to these “Terms” and the “Privacy Policy” and there terms constitute binding and enforceable obligations to you.

Your Member Account

You may create a member account in our sites by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on prabhuphotos.com. Signing up for an account with Prabhu Photos also enrolls you into our promotional email notification system, where you will be notified of upcoming promotions, news and sales. You are able to relinquish said emails by “opting out” within the email template.

Your Use of our Site

Subject to and conditioned upon your compliance with these Terms, Prabhu Photos grants to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the site, including any images, text, graphics, sounds, data, links and other materials incorporated into the site (other than your User Submitted Materials as defined below), solely as made available by Prabhu Photos and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the site or create derivative works of any portion of the site without the written consent of Prabhu Photos. While using any of our Sites, you agree not to:

Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;

Restrict or inhibit any other user from using the site, including, without limitation, by means of “hacking” or defacing any portion of the site;

Violate any applicable laws or regulations or engage in spamming;

Upload to, transmit through, or display on the site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes Prabhu Photos’ or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;

Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;

Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the site; and

Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the site.

If you fail to comply with the above rules, such failure shall constitute a breach of these terms, and, in addition to any other rights or remedies Prabhu Photos may have, we may immediately terminate your access to and use of the site.

The ProLab, Q-Lab, Kodak, Epson, X-Rite, Pantone, Hahnemühle, their trademarks, service marks, trade names, images, product names and logos appearing on the site are the property of their respective owners. Any rights not expressly granted herein are reserved.

Making Purchases

If you wish to purchase any products through the site, we ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us must be accurate, current and complete. You solely represent and warrant that you have the legal right to use any credit card(s), debit card(s) or other types of payment used to initiate and transaction. You agree to pay all charges incurred by you or any users of your account at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our site. We make reasonable efforts to accurately display the attributes of our products, including the applicable colours; however, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services on our site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state and international laws in regard to the possession, use and sale of any item purchased through our site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. In the event that your package is damaged in transit, your order will be replaced in a timely manner. We are not responsible for underexposed, blurry images of low quality that are submitted without attention to custom/colour corrections. It is the photographer’s responsibility to submit images that are suitable for printing and in the right format. Orders that are submitted and subsequently printed, before the client makes changes or cancels the order, are responsible for that order. We request that you call us immediately if changes need to be made or if the order needs to be cancelled.

Contests

In addition to the terms and conditions of these terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the site or social networking site(s) may be governed by specific rules that are separate from this agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein.

Web Address (URL)

We do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.

Third-Party Software and Services

The site may direct you to software or services owned or operated by third parties (“Third Party Properties”). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that Prabhu Photos and the site directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties. Other web sites may provide links to Prabhu Photos with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to Prabhu Photos, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. You agree that you use of Third Party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources. Prabhu Photos reserves the right, at any time and in our sole discretion, to block links to Prabhu Photos through technological or other means without prior notice.

Disclaimer of Warranties

Except for the express warranties contained in their terms, the products, including all materials incorporated therein, are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Prabhu Photos, and their affiliates, partners, licensors, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course dealing, course of performance or usage of trade. Note applicable law may not permit the exclusion of implied warranties, so the above exclusions may not apply to you. No statements of Prabhu Photos or any of their affiliates, partners, licensors, sponsors and agents or third parties, shall create any warranty other than those expressly contained in these terms.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER PRABHU PHOTOS NOR ANY OF THEIR OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE PROVISION OF PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND THEREFORE IN ACCORDANCE WITH THESE TERMS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF PRABHU PHOTOS ARISING OUT OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE ANY PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU.

Jurisdictional Issues

Prabhu Photos is controlled and operated from Bangalore, India. Our site is not subject to the laws or jurisdiction of any state, country or territory other than that of India. Prabhu Photos does not represent or warrant that any of its site, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access Prabhu Photos do so on their own initiative and at their own risk. We may limit Prabhu Photos’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Termination

Either you or Prabhu Photos may terminate your access to the site and to your account at any time, with or without cause, and with or without prior notice. Upon termination for any reason, your right to access and/or use the site will immediately cease. Upon termination, Prabhu Photos may delete all information, files and materials related to your account, including any user submitted materials, and you agree that Prabhu Photos shall have no liability whatsoever to you or any third party as a result of a termination of your rights of access to your account and/or the deletion of any information, files or materials related to your account. In addition, Prabhu Photos shall have no obligation whatsoever to make any such information, files or materials available to you following a termination of your rights of access to your account.