TERMS OF SERVICE

OVERVIEW

This website is operated by Harshad Enterprises. Throughout the site, the terms “we”, “us” and “our” refer to Harshad Enterprises. Harshad Enterprises offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

You hereby confirm that you authorize PhotoJunction (A Harshad Enterprises Entity) and it’s associates, partners, workers to take the photo(s), video(s) and/or use various equipment for the Booked Event to be held on Said Date at the Said Time from at the Said Venue. Details of event, date, time & venue have been provided by you at the time of placing the order.

You are aware that you will get Photo Album/Video/Any other Deliverables from PhotoJunction (A Harshad Enterprises Entity) as per your service-product package which you have selected and ordered. You will get the deliverables through courier at the address provided by you at time of placing an order.

You have taken all the necessary location and such other permissions for the Booked Event to be held on Said Date & Time. If not taken yet, you assure PhotoJunction(A Harshad Enterprises. Enterprise) that you will obtain such permissions prior to the photo and /or video shoot. In a case that, location and/or other permissions are not available and shoot has not been executed, no claim of refund and/or cancellation will be taken into consideration. Any fines or penalties arose from not obtaining the location permissions; will be paid by YOU any PhotoJunction (A Harshad Enterprises Entity) will be kept aside and safe from the consequences.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Your submission of personal information through the store is governed by our Privacy Policy.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Harshad Enterprises, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Harshad Enterprises and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

You willingly support the Non Violence policy of PhotoJunction(A Harshad Enterprises Entity). Like PhotoJunction(A Harshad Enterprises Entity) ; you also condemn the abuse of any kind, may it be Verbal, Physical, Mental and/or any other type. If anything goes wrong in such a manner which is unacceptable on moral or humanitarian ground, you know that PhotoJunction(A Harshad Enterprises Entity) and its associates, partners, managers, workers who are working at and/or for your booked event, will stop working Immediately on As It Is basis. Also, you understand that No Deliverables will be delivered to you at any condition. Also, you will not be liable to get any kind of refund in any manner. You guarantee that you will pay the whole and total amount in cash at the immediate basis for any damage to the property of PhotoJunction(A Harshad Enterprises. Enterprise) may it be equipment or personnel.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Pune, Maharashtra.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

By accepting the terms and conditions you are authorizing and permitting PhotoJunction(A Harshad Enterprises Entity) to use your images and/or videos recorded by PhotoJunction(A Harshad Enterprises Entity) along with your name (if required)  in their publicity may it be print, electronic, social, internet, radio or any other form for now and in future. You can not claim any compensation or reward or discount in the form of money or name credits or of any other type.

Incidence

Timeline 

Counted from

Photo selection access to the client

Up to 21 days

The date of the event

Confirmation of selection of photos from the client (Lock-in Period)

Up to 90 days 

The date of photo selection access to the client 

Delivery of Final Products (Albums, DVDs, etc.) to the client

Up to 30 days

The date of confirmation of the selection of photos by client

The client will be bound to pay any differences in charges, fees, increased cost of raw materials and/or taxes or increased price of package or product or services; if the client is not able to confirm the selected photos in the lock-in period and/or process of selection of photos is delayed from client’s side.

Final products will be delivered only after full receipt of payment from the client for the differences in charges, fees, increased cost of raw materials and/or taxes or increased price of package or product or services.

RAW (unedited) data (photos and/or videos) and delivered final and edited data are stored only on our servers. We DO NOT store, save or share any type of data (RAW or Final Edited) locally in hard drives, disks, external storage devices (e.g. pen drives, memory cards, etc.) 

Clients will be granted online access to select their photos as per the timelines mentioned in Section 25.

It is the client’s responsibility to store, save and use their data locally.

Timelines for storage of data

RAW data – will be stored for a maximum of 120 days from the date of Confirmation of selection of the photos by the client or maximum 150 days from the date of the event (whichever is earlier).

Final Edited data – will be stored for a maximum of 07 days from the date of delivery to the client.

After the above-specified timelines, the data (RAW or Final Edited) will be automatically deleted from the servers. The process of deletion will be permanent. The clients may or may not be informed via email about the date of automatic deletion.

PhotoJunction can not be held liable for the recovery of deleted data. For the exceptional cases where on request-recovery and delivery of the deleted data is needed client has to mail us at care@photojunction.in clearly stating the reason for the recovery. In such cases, the client will be bound to pay any charges incurred for the recovery and/or delivery decided by PhotoJunction at that time. The full payment for recovery and/or delivery should be paid in advance and in CASH only.

By accepting the PhotoJunction terms and conditions here, the client will be bound to PhotoJunction Pricing Policy (read here) and PhotoJunction Cancel and Refund policy (read here).

TERMS FOR ALBUM DESIGN / TRADITIONAL VIDEO EDITING (w.e.f 01 January 2020)

Photo Album Design

Selection of the desired photos from the RAW photos is the most important phase for album designing and printing.

  1. Please make sure your selection is FINAL before submitting it to the company.
  2. In any case the request to change and/or add photos selected other than the final selected photos will not be entertained.
  3. Please select the SAME NUMBER of photos as specified in your package. (Read more info about this in the SECTION – 2 QUANTITY OF PHOTOS/PAGES of these terms and conditions).
  4. Avoid DUPLICATION/REPETITION of the photos.
  5. Avoid LOW LIGHT photos.   
  1. The number of photos / pages of album to be selected vary from package to package.
  2. Please make sure you have selected exactly the same number of photos as per your selected package.
  3. If you wish to add more photos than the specified limit, the design and printing of those photos will be charged extra+ applicable taxes.
  4. The charges will be decided from time to time by Harshad Enterprises and can be changed without any prior notice.
  1. The overall design and style of the album will be contemporary.
  2. Contemporary means in accordance with the current style and design procedures.
  3. If the client wants any retro/old/different design styles to be used, then it should be informed to the company well in advance (minimum 15 days) and before starting the design of album.
  4. For retro/old/different design styles client MUST have to send HD PHOTOS ONLY.
  5. Links and/or requests to search the same online will not be accepted.
  6. NO REQUESTS FROM THE CLIENT TO CHANGE THE DESIGN STYLE AFTER STARTING THE DESIGN WILL BE ENTERTAINED.

Any suggestions from the client about the change in the design and placement of photos are welcomed.

  1. Please make sure your changes are final and confirmed before submitting them to us.
  2. Please elaborate in detail about the changes to be made.
  3. For replacement, addition and/or deletion of the photos, the client MUST have to provide the exact page/sheet number, mark the photos and number of the RAW photos.
  4. Changes in the design and placement of the photos will be done FREE OF COST for SINGLE TIME ONLY. It will be called correction/revision number – 1.
  5. From correction/revision- number 2 onwards design and printing charges will be extra + applicable charges. 
  6. The charges for correction/revisions will be INR 400 + GST 18% + Service tax 2% per sheet per revision. (w.e.f. 01 January 2020). The company holds the right to change the charges without any prior notice.
  1. Please make sure you are sending the exact quote and/or text you wish to be inserted in the album.
  2. Please make sure your quote and/or text is free from any grammatical and/or typing errors. The quote and/or text provided by the client will be used EXACTLY AS RECEIVED. The company will not be held liable for any grammatical and/or typing errors.
  3. For English – The client MUST have to provide THE EXACT NAME OF THE FONT which will be used for the custom quote/text.
  4. For regional languages (like Marathi, Hindi, Bangla etc.) – Though we will try our best to use the same font asked by the client, NO GUARANTEE of USE can be given even if the name of the font is provided by the client. In such cases, the custom quote/text will be written in fonts available to us.
  5. Links and/or requests to search the same online will not be accepted.
  6. Calligraphic fonts/captions/texts are subject to copyright to the respective artist/owner and can not be duplicated and hence can not be used.
  7. The client MUST have to provide EXACT custom quote/text and respective sheet number on which it will be used.
  8. For English and/or any regional language – Design, style and fonts used may be different than the provided by the client. NO GUARANTEE of USE of the exactness in the style, design and/or font can be given.
  9. No free corrections/revisions are available for custom quotes and/or texts. Each and every correction and revision will be paid only. (The charges will be the same as mentioned in Section 4 – Corrections and revisions Term 6)
  1. Before approving the for the printing, please make sure all the changes and/or corrections are made as per your instructions.
  2. No complaints/instructions will be entertained after the final printing approval is given by the client.
  3. The approval for printing is automated and irreversible process. It means as soon as the client approves the printing, the files to be printed are locked and immediately sent for the printing. At any condition, nobody from the company will be able to open those locked files and/or stop it from reaching the printing machines.
  4. It is MANDATORY for the client to approve the printing of the album by filling up the form here. 
  5. No verbal/telephonic/text/chat approvals will be considered granted.

traditional video editing

  1. The duration of the final edited video depends on the RAW video data recorded during the function.
  2. The duration of the RAW video data depends on the duration and events of the function.
  3. Hence NO GUARANTEE of MINIMUM and/or MAXIMUM duration of final edited video can be given.
  1. Being available same song with various artists and versions, it is impossible to find the exact song requested by the client. Therefore client MUST have to send downloaded SONG/AUDIO well in advance (minimum 15 days) before starting the editing.
  2. Links and/or requests to search the same online will not be accepted.
  1. Original audio means the audio captured by the microphone of the camera.
  2. The original audio comes with natural ambient sounds and noise.
  3. It is impossible to separate only the human voice from the ambient sound and noise.
  4. If the client wishes to use the original audio a verbal/text/chat consent should be given by the client well in advance (minimum 15 days) before starting the editing.
  1. The final edited video provided by us will be in Full HD MP4/MPEG format.
  2. Laptop/Computer – Generally this video format is well supported with laptops and computers. If you face any kind of problem in playing the video on laptop/computer, please contact us. We will be happy to help you.
  3. TV – Generally this type of file format works with latest models of TVs. There are numerous types of brands of TVs that use different types of players and codecs to play the video. If you find it difficult to play the video on your TV, we will suggest you some online programs that can convert the final video format into your TV compatible video format. Results of the conversions can not be guaranteed.
  4. No conversion of the final edited Full HD video done in any other format in any case is possible.