Help Center / Terms and Conditions / Terms and Conditions

Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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 website www.pixean.com.

www.pixean.com (hereinafter referred to as "Website") is the exclusive property of OKSBIRD Online Services Private Limited with its registered office at # Flat 301, Plot 16, Sec 1, Koparkhairne, Navi Mumbai, Maharashtra - 400 709.

Your use of the Website is governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you browse, access, secure access to the Website, You shall be subject to all the policies and terms mentioned herein. By merely accessing or securing access, browsing the Website, You shall be contracting with www.pixean.com, OKSBIRD Online Services Private Limited and these terms and conditions including the policies constitute your binding obligations, with www.pixean.com, OKSBIRD Online Services Private Limited.

For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person browsing, accessing or who has agreed to become a member on the Website by providing Registration Data while registering on the Website as Registered User using Computer, Mobile phones, Tablets.

www.pixean.com allows Clients to surf, browse the Website features like about, membership, careers without registering on the Website. The term “we”, “us”, “our” shall mean, OKSBIRD Online Services Private Limited.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website, following the posting of changes shall indicate your consent and acceptance to such revisions

As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter, access, use the Website.

 

ACCESSING, BROWSING THE WEBSITE, REGISTERING ON THE WEBSITE INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Privacy Policy and legal policies mentioned on www.pixean.com

 

ONLINE SOCIAL NETWORKING PLATFORM

OKSBIRD Online Services Private Limited is an intermediary and offers an online social networking platform through the Website (www.pixean.com). The online social networking platform enables people with photography interests to interact, learn and enhance their photography interests, skills. The online social networking platform is designed in a manner wherein the users can share and showcase their photography skills with other photography enthusiasts, and get reviews, tips, guidelines from photography professionals.

The online social networking platform also offers different photography events, workshops, photo walks, photo tours providing a learning opportunity for all photography enthusiasts.

You understand, acknowledge and accept that the online social networking platform i.e. www.pixean.com
is only a mere facilitator.

 

THIRD PARTY PROFESSIONALS

You understand, agree and acknowledge that the online social networking platform will feature independent third party professionals including but not limited to freelance bloggers etc. and the Website shall however, take no responsibility in any manner for the content displayed by the third party professionals.

The third party professionals are independent professionals, and OKSBIRD Online Services Private Limited, Website shall have no responsibility, liability in whatsoever manner.

 

TERMS OF ONLINE SOCIAL NETWORKING PLATFORM

▸  The online social networking platform (www.pixean.com) is only a mere facilitator of information, blogs, content, images provided by the third party bloggers, photography enthusiasts, users etc.

▸  All content, information, images, blogs provided by the third party professionals, users are only displayed on the online social networking platform (www.pixean.com )

▸  The online social networking platform (www.pixean.com) shall not endorse or advise or involve in whatsoever manner in such blog, images, content, descriptions provided by the third party professionals, users etc. including but not limited to any warranties

▸  The online social networking platform (www.pixean.com) shall not in whatsoever manner resolve or mediate any dispute or disagreement between the Users, third party professionals etc.

▸  The online social networking platform (www.pixean.com) shall not make any representation to the content, information, blogs, images uploaded, provided, offered by any user, third party professional on the Website

▸  You understand, acknowledge and accept that the online social networking platform provided through the Website (www.pixean.com) shall not held liable in whatsoever manner for any but not limited to actions, commissions, misconduct, fraud or negligence of any user, third party professionals etc.


TERMS OF USE

This Website (www.pixean.com) shall be used only by persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Website (www.pixean.com). If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website (www.pixean.com) and shall not transact or use Website (www.pixean.com). As a minor if you wish to use or transact on Website (www.pixean.com), such use or transaction may be made by your legal guardian or parents on the Website (www.pixean.com). The Website (www.pixean.com) reserves the right to terminate your Registration and / or refuse to provide you with access to the Website (www.pixean.com) if it is brought to the Website‘s notice or if it is discovered that you are under the age of 18 years.

 

REGISTRATION & CHARGES

The website does not charge any fee for browsing, creating an account on the Website (www.pixean.com). However, for availing some services like registering for an event etc., a registration fee needs to be paid by clicking on “Enroll Now” on the Website (www.pixean.com). The registration fee and other details thereof would be mentioned on the Website.

Pixean also offers membership plans to users to provide specific services for which payment is required. Paid members may be exempted to pay for some of the events. They may be offered freelancing opportunities in industries and social culture based on user's skills. More details on membership plans can be read at Membership page.

The website does not charge any fee for browsing, creating an account on the Website (www.pixean.com). However, for availing some services like registering for an event etc., a registration fee needs to be paid by clicking on “Enroll Now” on the Website (www.pixean.com). The registration fee and other details thereof would be mentioned on the Website.

In particular, www.pixean.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website (www.pixean.com). In such an event, the website reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website (www.pixean.com) and such changes shall automatically become effective immediately after they are posted on the Website (www.pixean.com). Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to www.pixean.com

 

PHOTOGRAPHY EVENTS

The website may also host or organize different photography events including but not limited to Photowalks, Photography tours, workshops, photo contests etc. The website may also organize workshops relating to the various aspects of photography every month. Such workshops may be organized by either the website or any other mentor.

The website herein offers annual membership to you and any persons intending to engage with the regular activities offered herein including but not limited to photowalks or any other events.

The website also offers weekend photowalks to the members/ premium members at no additional cost. However, the website shall reserve the right to determine the pricing for such weekend photowalks at its sole discretion and in such events the decision of the website shall be final and binding on all the members/ premium members.

The website also offers organizer membership. The organizer membership offers an opportunity to the organizers for hosting their workshops on the website. In addition, the website also shares such event(s), workshops organized by the mentor on various social media platforms. However, the website and we shall hold no liability, responsibility with regard to any registrations for such events. In case of such workshops hosted by the mentors, the same shall be marked as workshops hosted by mentor and the link of the respective mentor shall be provided therein.

The website also enables you and/ the respective user attending such workshop to give feedback on the mentor. However, the guidelines mentioned herein shall be strictly complied while giving such feedback.

However, in case of any workshops or events hosted by the website, you shall be responsible for maintaining etiquette in behaviour and manners. You shall be polite, decent (in word & deed) to the other members and also the Mentor. In the event of violation of code of conduct in whatsoever manner, the appropriate action may be taken.

Your participation in any of the photography events hosted by the website and/ any mentor shall be purely voluntarily. In no event shall the website and we hold any responsibility, liability arising thereof in whatsoever manner. The copyright and any intellectual property relating to any such photographs taken by you or any other members in any of the events including workshops, phototours etc. shall be the sole property of you or any respective member.

 

WEBSITE (www.pixean.com)’s TERMS OF USE

You agree, undertake and confirm that your use of Website (www.pixean.com) shall be strictly governed by the following binding principles. You hereby agree not to use the Website (www.pixean.com) to:-

▸  harass or advocate harassment of another person; 


▸  involve the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";

▸  promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

▸  infringe upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights

of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

▸  promote an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices

▸  provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

▸  provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

▸  upload, share, transmit video, photographs, or images of another person (with a minor or an adult).

▸  to gain or attempt to gain unauthorized access or exceeds the scope of authorized access to the Website (www.pixean.com) or to account information or other areas of the Website (www.pixean.com) or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

▸  engage in commercial activities and/or sales without our prior written consent of the Website such as contests, sweepstakes, barter, advertising and pyramid schemes etc. related to the Website (www.pixean.com). Throughout this Terms of Use, www.pixean.com‘s prior written consent means a communication coming from www.pixean.com‘s Legal Department, categorically in response to your request, and categorically addressing the activity or conduct for which you seek authorization;

▸  solicit gambling or engage in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;

▸  interfere with another user's use and enjoyment of the Website (www.pixean.com) or any other individual's user and enjoyment of similar services;

▸  harm minors in any way;

▸  infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items including images, pictures, information, data;

▸  violate any law for the time being in force;

▸  spread, transmit, upload software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

▸  threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

▸  to offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

▸  You shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or any third parties including individuals, companies, entities, organisations etc.

 

PROHIBITED USE OF WEBSITE (www.pixean.com)

▸  You shall 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 Website (www.pixean.com) or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website (www.pixean.com) or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website (www.pixean.com). We reserve our right to bar any such activity.

▸  You shall not attempt to gain unauthorized access to any portion or feature of the Website (www.pixean.com), or any other systems or networks connected to the Website (www.pixean.com) or to any server, computer, network, or to any of the services offered on or through the Website (www.pixean.com), by hacking, password “mining” or any other illegitimate means.

▸  You shall not probe, scan or test the vulnerability of the Website (www.pixean.com) or any network connected to the Website (www.pixean.com) nor breach the security or authentication measures on the Website (www.pixean.com) or any network connected to the Website (www.pixean.com). You may not reverse look-up, trace or seek to trace any information of any other user of Website (www.pixean.com), or any other customer, including any account on the Website (www.pixean.com) not owned by You, to its source, or exploit the Website (www.pixean.com) or any service or information made available or offered by or through the Website (www.pixean.com), in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website (www.pixean.com).

▸  You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name used by us including the terms OKSBIRD Online Services Private Limited, Website (www.pixean.com) or otherwise engage in any conduct or action that might tarnish the image or reputation, of OKSBIRD Online Services Private Limited, Website (www.pixean.com) or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with the trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website (www.pixean.com) or www.pixean.com‘s systems or networks, or any systems or networks connected to the website

▸  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website (www.pixean.com) or any transaction being conducted on the Website (www.pixean.com), or with any other person’s use of the Website (www.pixean.com).

▸  You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal, you send to us on or through the Website (www.pixean.com) or any service offered on or through the Website (www.pixean.com). You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

▸  You may not use the Website (www.pixean.com) or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of OKSBIRD Online Services Private Limited, Website (www.pixean.com) and / or others.

▸  You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, Copyright Laws including Indian Copyright Act 1957, Copyright Amended Act 2012 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.

▸  You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website (www.pixean.com).

▸  It shall be a violation of these Terms of Use to use any information obtained from the Website (www.pixean.com) in order to harass, abuse, or harm another person, or solicit, or sell to another person including but not limited to individuals, entities, companies, organisations any such information.

▸  You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website (www.pixean.com)) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

▸  We reserve the right, but has no obligation, to monitor the materials posted on the Website (www.pixean.com). The Website (www.pixean.com ) shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. In no event shall OKSBIRD Online Services Private Limited, Website (www.pixean.com) assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content, Images, information, Blogs, etc.

▸  Your correspondence or business dealings with any user of the Website (www.pixean.com), or participation in any of the events hosted on or through the Website (www.pixean.com), and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such user, third party professional. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users, third party professionals on the Website (www.pixean.com).

▸  It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website (www.pixean.com) and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website (www.pixean.com), and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website (www.pixean.com) You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website (www.pixean.com).

▸  The Website (www.pixean.com) shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

CONTENTS POSTED ON THE WEBSITE

The Content, text, user interfaces, visual interfaces, photographs, images, pictures, trademarks, logos, and artwork relating to the Website (www.pixean.com), OKSBIRD Online Services Private Limited shall be the property of OKSBIRD Online Services Private Limited and we have worldwide, perpetual and transferable rights in regard to such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works

The content, information, blogs, photographs, images uploaded by any user, third party professional on the Website (www.pixean.com) shall herein after be referred to as “Third Party Content”. The Website merely displays such third party content and shall be considered as a mere intermediary for this purpose.

All the intellectual property, proprietary rights arising out of such “Third Party Content” shall be the exclusive property of the respective intellectual property owners. We have no intention to acquire the intellectual property arising out of Third Party Content. In no event, shall OKSBIRD Online Services Private Limited, Website (www.pixean.com) hold any responsibility, liability for such Third Party Content.

The Website (www.pixean.com) may also contain images legally outsourced from various sources, royalty free images and in such case, the source of the images may also be mentioned and credit shall be given to the respective intellectual property owner.

Nothing contained herein shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website (www.pixean.com) or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of OKSBIRD Online Services Private Limited, Website (www.pixean.com) .

 

LEGAL ACTION

In the event of any breach or violation or any criminal act committed by any user, third party professional on or using the Website (www.pixean.com) in whatsoever manner, we shall take appropriate legal action against such user, third party professionals in accordance with the laws being in force.

In case, you suffer any damage, loss etc. in whatsoever manner as a result of any breach, violation, acts, omissions of any User of the Website (www.pixean.com), third party professionals, then you shall be responsible for informing us i.e. OKSBIRD Online Services Private Limited, Website (www.pixean.com) regarding such loss, damage etc suffered.


LIABILITY DUE TO INTERNET CONNECTIVITY & NETWORK ISSUES

The Website (www.pixean.com), OKSBIRD Online Services Private Limited shall hold no responsibility, liability for any actions, acts including but not limited to errors, transmission, activities and issues arising out of internet connectivity and any other network related issues.

 

REVIEW POLICY

While we encourage you to share your views and opinions on the Website (www.pixean.com), we expect that this will be done in a respectful manner. This policy is applicable to posts, comments and reviews posted by you on and/or using Website (www.pixean.com)

The Website (www.pixean.com) shall however not agree with or endorse every comment that individuals post on the Website (www.pixean.com). When making moderation decisions, we will take these guidelines, as well as the context in which comments are made, into account.

We share this information in an effort to be transparent about our moderation process and why certain comments may be removed. Kindly read these terms/ guidelines while making any posts, comments, reviews on the Website (www.pixean.com).

 

You specifically agree not to post or transmit any comments, reviews, posts, content or engage in any activity that:-

▸  Violate our Terms and Policies;

▸  Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable

▸  Violate any right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

▸  Disguising or attempting to disguise the origin of your comment, review, posts, content including but not limited to by submitting your comments, posts, reviews, content under a fake or false name

▸  Constitutes a knowingly erroneous or unethical review

▸  Causes, or is a result of, a conflict of interest;

▸  Is commercial in nature, including but not limited to posts, comments, reviews submitted in exchange for payment,

▸  Contains material that is not in English

▸  Accesses or uses the account of another user without permission;

▸  We reserve the right to remove any comment, review, posts, content that might be found extremely offensive or threatening.

▸  Please don't exaggerate, falsely state, misrepresent your experience and watch your language.

▸  This also includes but not is limited to derogatory comments or indication of a personal vendetta against Website (www.pixean.com), OKSBIRD Online Services Private Limited and its affiliates.

 

All links posted as comments, reviews on the Website will be reviewed and may be deleted if found violating these guidelines. Repeated violations of this policy may cause the author to be blocked from our Website (www.pixean.com).

 

The Website (www.pixean.com) shall have the right to immediately block your access and further it shall also have the right to remove any non-compliant comment, post, review and content forthwith, uploaded on the Website. The Website reserves have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

 

USER OBLIGATIONS

▸  You shall be obliged to provide accurate information and other details to us

▸  You shall also adhere to the minimum age requirement i.e. 18 years as defined by the law of the land

▸  You shall read all the policies, terms mentioned in the Website (www.pixean.com)

▸  You shall not copy or use the information contained in the Website (www.pixean.com)

▸  You shall ensure compliance to the User Review policy contained herein

▸  You shall be responsible for any acts, actions, information, data, errors, omissions, images uploaded by you on the Website

▸  You shall be responsible for all and acts arising out of your account

▸  You shall be responsible for ensuring reasonable security measures regarding your login credentials and in event shall the Website, OKSBIRD Online Services Private Limited be responsible or liable in this regard

▸  You shall be responsible for all reviews, comments, posts made by you on the Website

▸  You shall ensure that all images, photos uploaded by you are not violating any intellectual property right belonging to any individual, company, organisation and any other third party, user

▸  You shall be responsible for all communications including chats, exchange of information with other users on the website. In no event, shall the Website, OKSBIRD Online Services Private Limited hold any liability, responsibility in this regard

▸  You shall at all times, ensure compliance with Intellectual Property Law including Copyright Laws, Trademark Laws, Information Technology Laws while using, accessing, browsing the Website

▸  You shall be responsible for ensuring that payments are made in full and complete for the respective services, events displayed in the Website. In no event shall the Website, OKSBIRD Online Services Private Limited be responsible, liable for any decisions regarding such events.

▸  You shall ensure compliance with the upload guidelines mentioned by the Website while uploading any images, photographs, content, information

▸  You shall ensure that images, photos, content, information uploaded by you on the website is not violating any law being in force or prohibited by any law being in force or is considered as illegal as per law

▸  You shall be responsible for providing correct and accurate details while making payments for services requiring payments. In case of discrepancies relating to payment, we reserve the right to cancel your registration and shall disable access to such services requiring payments

 

ONLINE PAYMENT

The Website offers an online payment gateway facility that will facilitate You to make payments in respect thereof the events hosted or displayed or mentioned in the Website (www.pixean.com). For this purpose, the payments can be made using net banking, credit/debit card account or any other mode acceptable and made available to the users from time to time, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the payment gateway service provider/s.

 

CREDIT CARD PAYMENT

Your credit card details shall be transferred directly to our payment service provider for immediate authorization and are not recorded or stored in our database. Once we have received authorization from the payment service provider, we shall confirm your service order.

 

Further:

▸  You have categorically authorized the Website (www.pixean.com) to collect, process, facilitate and remit payments and / or electronically from other Users in respect of transactions through Payment Facility. Your relationship with the Website (www.pixean.com) is on a principal to principal basis and by accepting these Terms of Use you agree that Website (www.pixean.com) is an independent contractor for all purposes

▸  You understand, accept and agree that the payment facility provided by the Website (www.pixean.com) is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Website (www.pixean.com) using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, the Website (www.pixean.com) is neither acting as trustees nor acting in a fiduciary capacity

▸  The Website (www.pixean.com) reserves the right to impose limits on the number of Transactions or Transaction Price which it may receive from on an individual Valid Credit/ Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

▸  The Website (www.pixean.com) reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.

▸  In the event, the Website (www.pixean.com) is not satisfied with the creditability of the User, it will have the right to reject the receipt of Users

▸  The Website (www.pixean.com) may delay notifying the payment confirmation, if it deems suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, the Website (www.pixean.com) may hold the service and may not provide service at the request of law enforcement officials or in the event the user is engaged in any form of illegal activity.

▸  The Client acknowledges that the Website (www.pixean.com) will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of Website (www.pixean.com)

 

 

PRIVACY

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Sensitive Personal Information is one of our most important assets. We store and process Your Sensitive Personal Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our Privacy Policy is available for more details.

 

LEGAL DISCLAIMER

This Website (www.pixean.com), all the services, included on or otherwise made available to You through this Website (www.pixean.com) are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Website does not warrant that:-

▸  This Website (www.pixean.com) will be constantly available, or available at all; or the information on this Website (www.pixean.com) is complete, true, accurate or non-misleading.

▸  The Website (www.pixean.com) does not warrant that this site; information, Content, materials, images, product (including software) or services included on or otherwise made available to You through the Website (www.pixean.com); their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on Website (www.pixean.com) constitutes, or is meant to constitute, advice of any kind.

We disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF THE WEBSITE.

You will be required to enter a valid name, phone number and email id while availing registering on the Website (www.pixean.com). By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any updates.

 

INDEMNITY

You shall indemnify and hold harmless the Website (www.pixean.com), OKSBIRD Online Services Private Limited, its Director, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions, damage claims made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

APPLICABLE LAW / JURISDICTION

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.

 

DESCRIPTION

The Website (www.pixean.com) does not ensure that the content including description, data and information thereof is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 

The Website (www.pixean.com) may include inaccuracies and typographical errors. Changes and improvements are periodically made to the site and the information therein. We do not warrant or assume any legal liability or responsibility for the completeness, or usefulness of any information, content, blogs etc. Information received via this Website (www.pixean.com) should not be relied upon for personal, legal or financial decisions.

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About Pixean Getting Started Guidelines Photos Workshops Blogs Places FAQs Privacy Policy Terms and Conditions

Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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 website www.pixean.com.

www.pixean.com (hereinafter referred to as "Website") is the exclusive property of OKSBIRD Online Services Private Limited with its registered office at # Flat 301, Plot 16, Sec 1, Koparkhairne, Navi Mumbai, Maharashtra - 400 709.

Your use of the Website is governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you browse, access, secure access to the Website, You shall be subject to all the policies and terms mentioned herein. By merely accessing or securing access, browsing the Website, You shall be contracting with www.pixean.com, OKSBIRD Online Services Private Limited and these terms and conditions including the policies constitute your binding obligations, with www.pixean.com, OKSBIRD Online Services Private Limited.

For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person browsing, accessing or who has agreed to become a member on the Website by providing Registration Data while registering on the Website as Registered User using Computer, Mobile phones, Tablets.

www.pixean.com allows Clients to surf, browse the Website features like about, membership, careers without registering on the Website. The term “we”, “us”, “our” shall mean, OKSBIRD Online Services Private Limited.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website, following the posting of changes shall indicate your consent and acceptance to such revisions

As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter, access, use the Website.

 

ACCESSING, BROWSING THE WEBSITE, REGISTERING ON THE WEBSITE INDICATE YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Privacy Policy and legal policies mentioned on www.pixean.com

 

ONLINE SOCIAL NETWORKING PLATFORM

OKSBIRD Online Services Private Limited is an intermediary and offers an online social networking platform through the Website (www.pixean.com). The online social networking platform enables people with photography interests to interact, learn and enhance their photography interests, skills. The online social networking platform is designed in a manner wherein the users can share and showcase their photography skills with other photography enthusiasts, and get reviews, tips, guidelines from photography professionals.

The online social networking platform also offers different photography events, workshops, photo walks, photo tours providing a learning opportunity for all photography enthusiasts.

You understand, acknowledge and accept that the online social networking platform i.e. www.pixean.com
is only a mere facilitator.

 

THIRD PARTY PROFESSIONALS

You understand, agree and acknowledge that the online social networking platform will feature independent third party professionals including but not limited to freelance bloggers etc. and the Website shall however, take no responsibility in any manner for the content displayed by the third party professionals.

The third party professionals are independent professionals, and OKSBIRD Online Services Private Limited, Website shall have no responsibility, liability in whatsoever manner.

 

TERMS OF ONLINE SOCIAL NETWORKING PLATFORM

▸  The online social networking platform (www.pixean.com) is only a mere facilitator of information, blogs, content, images provided by the third party bloggers, photography enthusiasts, users etc.

▸  All content, information, images, blogs provided by the third party professionals, users are only displayed on the online social networking platform (www.pixean.com )

▸  The online social networking platform (www.pixean.com) shall not endorse or advise or involve in whatsoever manner in such blog, images, content, descriptions provided by the third party professionals, users etc. including but not limited to any warranties

▸  The online social networking platform (www.pixean.com) shall not in whatsoever manner resolve or mediate any dispute or disagreement between the Users, third party professionals etc.

▸  The online social networking platform (www.pixean.com) shall not make any representation to the content, information, blogs, images uploaded, provided, offered by any user, third party professional on the Website

▸  You understand, acknowledge and accept that the online social networking platform provided through the Website (www.pixean.com) shall not held liable in whatsoever manner for any but not limited to actions, commissions, misconduct, fraud or negligence of any user, third party professionals etc.


TERMS OF USE

This Website (www.pixean.com) shall be used only by persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Website (www.pixean.com). If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website (www.pixean.com) and shall not transact or use Website (www.pixean.com). As a minor if you wish to use or transact on Website (www.pixean.com), such use or transaction may be made by your legal guardian or parents on the Website (www.pixean.com). The Website (www.pixean.com) reserves the right to terminate your Registration and / or refuse to provide you with access to the Website (www.pixean.com) if it is brought to the Website‘s notice or if it is discovered that you are under the age of 18 years.

 

REGISTRATION & CHARGES

The website does not charge any fee for browsing, creating an account on the Website (www.pixean.com). However, for availing some services like registering for an event etc., a registration fee needs to be paid by clicking on “Enroll Now” on the Website (www.pixean.com). The registration fee and other details thereof would be mentioned on the Website.

Pixean also offers membership plans to users to provide specific services for which payment is required. Paid members may be exempted to pay for some of the events. They may be offered freelancing opportunities in industries and social culture based on user's skills. More details on membership plans can be read at Membership page.

The website does not charge any fee for browsing, creating an account on the Website (www.pixean.com). However, for availing some services like registering for an event etc., a registration fee needs to be paid by clicking on “Enroll Now” on the Website (www.pixean.com). The registration fee and other details thereof would be mentioned on the Website.

In particular, www.pixean.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website (www.pixean.com). In such an event, the website reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website (www.pixean.com) and such changes shall automatically become effective immediately after they are posted on the Website (www.pixean.com). Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to www.pixean.com

 

PHOTOGRAPHY EVENTS

The website may also host or organize different photography events including but not limited to Photowalks, Photography tours, workshops, photo contests etc. The website may also organize workshops relating to the various aspects of photography every month. Such workshops may be organized by either the website or any other mentor.

The website herein offers annual membership to you and any persons intending to engage with the regular activities offered herein including but not limited to photowalks or any other events.

The website also offers weekend photowalks to the members/ premium members at no additional cost. However, the website shall reserve the right to determine the pricing for such weekend photowalks at its sole discretion and in such events the decision of the website shall be final and binding on all the members/ premium members.

The website also offers organizer membership. The organizer membership offers an opportunity to the organizers for hosting their workshops on the website. In addition, the website also shares such event(s), workshops organized by the mentor on various social media platforms. However, the website and we shall hold no liability, responsibility with regard to any registrations for such events. In case of such workshops hosted by the mentors, the same shall be marked as workshops hosted by mentor and the link of the respective mentor shall be provided therein.

The website also enables you and/ the respective user attending such workshop to give feedback on the mentor. However, the guidelines mentioned herein shall be strictly complied while giving such feedback.

However, in case of any workshops or events hosted by the website, you shall be responsible for maintaining etiquette in behaviour and manners. You shall be polite, decent (in word & deed) to the other members and also the Mentor. In the event of violation of code of conduct in whatsoever manner, the appropriate action may be taken.

Your participation in any of the photography events hosted by the website and/ any mentor shall be purely voluntarily. In no event shall the website and we hold any responsibility, liability arising thereof in whatsoever manner. The copyright and any intellectual property relating to any such photographs taken by you or any other members in any of the events including workshops, phototours etc. shall be the sole property of you or any respective member.

 

WEBSITE (www.pixean.com)’s TERMS OF USE

You agree, undertake and confirm that your use of Website (www.pixean.com) shall be strictly governed by the following binding principles. You hereby agree not to use the Website (www.pixean.com) to:-

▸  harass or advocate harassment of another person; 


▸  involve the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";

▸  promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

▸  infringe upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights

of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

▸  promote an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices

▸  provide material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

▸  provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

▸  upload, share, transmit video, photographs, or images of another person (with a minor or an adult).

▸  to gain or attempt to gain unauthorized access or exceeds the scope of authorized access to the Website (www.pixean.com) or to account information or other areas of the Website (www.pixean.com) or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

▸  engage in commercial activities and/or sales without our prior written consent of the Website such as contests, sweepstakes, barter, advertising and pyramid schemes etc. related to the Website (www.pixean.com). Throughout this Terms of Use, www.pixean.com‘s prior written consent means a communication coming from www.pixean.com‘s Legal Department, categorically in response to your request, and categorically addressing the activity or conduct for which you seek authorization;

▸  solicit gambling or engage in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;

▸  interfere with another user's use and enjoyment of the Website (www.pixean.com) or any other individual's user and enjoyment of similar services;

▸  harm minors in any way;

▸  infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items including images, pictures, information, data;

▸  violate any law for the time being in force;

▸  spread, transmit, upload software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

▸  threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

▸  to offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

▸  You shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or any third parties including individuals, companies, entities, organisations etc.

 

PROHIBITED USE OF WEBSITE (www.pixean.com)

▸  You shall 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 Website (www.pixean.com) or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website (www.pixean.com) or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website (www.pixean.com). We reserve our right to bar any such activity.

▸  You shall not attempt to gain unauthorized access to any portion or feature of the Website (www.pixean.com), or any other systems or networks connected to the Website (www.pixean.com) or to any server, computer, network, or to any of the services offered on or through the Website (www.pixean.com), by hacking, password “mining” or any other illegitimate means.

▸  You shall not probe, scan or test the vulnerability of the Website (www.pixean.com) or any network connected to the Website (www.pixean.com) nor breach the security or authentication measures on the Website (www.pixean.com) or any network connected to the Website (www.pixean.com). You may not reverse look-up, trace or seek to trace any information of any other user of Website (www.pixean.com), or any other customer, including any account on the Website (www.pixean.com) not owned by You, to its source, or exploit the Website (www.pixean.com) or any service or information made available or offered by or through the Website (www.pixean.com), in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website (www.pixean.com).

▸  You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name used by us including the terms OKSBIRD Online Services Private Limited, Website (www.pixean.com) or otherwise engage in any conduct or action that might tarnish the image or reputation, of OKSBIRD Online Services Private Limited, Website (www.pixean.com) or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with the trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website (www.pixean.com) or www.pixean.com‘s systems or networks, or any systems or networks connected to the website

▸  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website (www.pixean.com) or any transaction being conducted on the Website (www.pixean.com), or with any other person’s use of the Website (www.pixean.com).

▸  You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal, you send to us on or through the Website (www.pixean.com) or any service offered on or through the Website (www.pixean.com). You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

▸  You may not use the Website (www.pixean.com) or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of OKSBIRD Online Services Private Limited, Website (www.pixean.com) and / or others.

▸  You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, Copyright Laws including Indian Copyright Act 1957, Copyright Amended Act 2012 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.

▸  You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website (www.pixean.com).

▸  It shall be a violation of these Terms of Use to use any information obtained from the Website (www.pixean.com) in order to harass, abuse, or harm another person, or solicit, or sell to another person including but not limited to individuals, entities, companies, organisations any such information.

▸  You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website (www.pixean.com)) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

▸  We reserve the right, but has no obligation, to monitor the materials posted on the Website (www.pixean.com). The Website (www.pixean.com ) shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. In no event shall OKSBIRD Online Services Private Limited, Website (www.pixean.com) assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content, Images, information, Blogs, etc.

▸  Your correspondence or business dealings with any user of the Website (www.pixean.com), or participation in any of the events hosted on or through the Website (www.pixean.com), and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such user, third party professional. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such users, third party professionals on the Website (www.pixean.com).

▸  It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website (www.pixean.com) and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website (www.pixean.com), and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website (www.pixean.com) You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others on the Website (www.pixean.com).

▸  The Website (www.pixean.com) shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

CONTENTS POSTED ON THE WEBSITE

The Content, text, user interfaces, visual interfaces, photographs, images, pictures, trademarks, logos, and artwork relating to the Website (www.pixean.com), OKSBIRD Online Services Private Limited shall be the property of OKSBIRD Online Services Private Limited and we have worldwide, perpetual and transferable rights in regard to such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works

The content, information, blogs, photographs, images uploaded by any user, third party professional on the Website (www.pixean.com) shall herein after be referred to as “Third Party Content”. The Website merely displays such third party content and shall be considered as a mere intermediary for this purpose.

All the intellectual property, proprietary rights arising out of such “Third Party Content” shall be the exclusive property of the respective intellectual property owners. We have no intention to acquire the intellectual property arising out of Third Party Content. In no event, shall OKSBIRD Online Services Private Limited, Website (www.pixean.com) hold any responsibility, liability for such Third Party Content.

The Website (www.pixean.com) may also contain images legally outsourced from various sources, royalty free images and in such case, the source of the images may also be mentioned and credit shall be given to the respective intellectual property owner.

Nothing contained herein shall be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website (www.pixean.com) or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of OKSBIRD Online Services Private Limited, Website (www.pixean.com) .

 

LEGAL ACTION

In the event of any breach or violation or any criminal act committed by any user, third party professional on or using the Website (www.pixean.com) in whatsoever manner, we shall take appropriate legal action against such user, third party professionals in accordance with the laws being in force.

In case, you suffer any damage, loss etc. in whatsoever manner as a result of any breach, violation, acts, omissions of any User of the Website (www.pixean.com), third party professionals, then you shall be responsible for informing us i.e. OKSBIRD Online Services Private Limited, Website (www.pixean.com) regarding such loss, damage etc suffered.


LIABILITY DUE TO INTERNET CONNECTIVITY & NETWORK ISSUES

The Website (www.pixean.com), OKSBIRD Online Services Private Limited shall hold no responsibility, liability for any actions, acts including but not limited to errors, transmission, activities and issues arising out of internet connectivity and any other network related issues.

 

REVIEW POLICY

While we encourage you to share your views and opinions on the Website (www.pixean.com), we expect that this will be done in a respectful manner. This policy is applicable to posts, comments and reviews posted by you on and/or using Website (www.pixean.com)

The Website (www.pixean.com) shall however not agree with or endorse every comment that individuals post on the Website (www.pixean.com). When making moderation decisions, we will take these guidelines, as well as the context in which comments are made, into account.

We share this information in an effort to be transparent about our moderation process and why certain comments may be removed. Kindly read these terms/ guidelines while making any posts, comments, reviews on the Website (www.pixean.com).

 

You specifically agree not to post or transmit any comments, reviews, posts, content or engage in any activity that:-

▸  Violate our Terms and Policies;

▸  Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable

▸  Violate any right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

▸  Disguising or attempting to disguise the origin of your comment, review, posts, content including but not limited to by submitting your comments, posts, reviews, content under a fake or false name

▸  Constitutes a knowingly erroneous or unethical review

▸  Causes, or is a result of, a conflict of interest;

▸  Is commercial in nature, including but not limited to posts, comments, reviews submitted in exchange for payment,

▸  Contains material that is not in English

▸  Accesses or uses the account of another user without permission;

▸  We reserve the right to remove any comment, review, posts, content that might be found extremely offensive or threatening.

▸  Please don't exaggerate, falsely state, misrepresent your experience and watch your language.

▸  This also includes but not is limited to derogatory comments or indication of a personal vendetta against Website (www.pixean.com), OKSBIRD Online Services Private Limited and its affiliates.

 

All links posted as comments, reviews on the Website will be reviewed and may be deleted if found violating these guidelines. Repeated violations of this policy may cause the author to be blocked from our Website (www.pixean.com).

 

The Website (www.pixean.com) shall have the right to immediately block your access and further it shall also have the right to remove any non-compliant comment, post, review and content forthwith, uploaded on the Website. The Website reserves have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

 

USER OBLIGATIONS

▸  You shall be obliged to provide accurate information and other details to us

▸  You shall also adhere to the minimum age requirement i.e. 18 years as defined by the law of the land

▸  You shall read all the policies, terms mentioned in the Website (www.pixean.com)

▸  You shall not copy or use the information contained in the Website (www.pixean.com)

▸  You shall ensure compliance to the User Review policy contained herein

▸  You shall be responsible for any acts, actions, information, data, errors, omissions, images uploaded by you on the Website

▸  You shall be responsible for all and acts arising out of your account

▸  You shall be responsible for ensuring reasonable security measures regarding your login credentials and in event shall the Website, OKSBIRD Online Services Private Limited be responsible or liable in this regard

▸  You shall be responsible for all reviews, comments, posts made by you on the Website

▸  You shall ensure that all images, photos uploaded by you are not violating any intellectual property right belonging to any individual, company, organisation and any other third party, user

▸  You shall be responsible for all communications including chats, exchange of information with other users on the website. In no event, shall the Website, OKSBIRD Online Services Private Limited hold any liability, responsibility in this regard

▸  You shall at all times, ensure compliance with Intellectual Property Law including Copyright Laws, Trademark Laws, Information Technology Laws while using, accessing, browsing the Website

▸  You shall be responsible for ensuring that payments are made in full and complete for the respective services, events displayed in the Website. In no event shall the Website, OKSBIRD Online Services Private Limited be responsible, liable for any decisions regarding such events.

▸  You shall ensure compliance with the upload guidelines mentioned by the Website while uploading any images, photographs, content, information

▸  You shall ensure that images, photos, content, information uploaded by you on the website is not violating any law being in force or prohibited by any law being in force or is considered as illegal as per law

▸  You shall be responsible for providing correct and accurate details while making payments for services requiring payments. In case of discrepancies relating to payment, we reserve the right to cancel your registration and shall disable access to such services requiring payments

 

ONLINE PAYMENT

The Website offers an online payment gateway facility that will facilitate You to make payments in respect thereof the events hosted or displayed or mentioned in the Website (www.pixean.com). For this purpose, the payments can be made using net banking, credit/debit card account or any other mode acceptable and made available to the users from time to time, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the payment gateway service provider/s.

 

CREDIT CARD PAYMENT

Your credit card details shall be transferred directly to our payment service provider for immediate authorization and are not recorded or stored in our database. Once we have received authorization from the payment service provider, we shall confirm your service order.

 

Further:

▸  You have categorically authorized the Website (www.pixean.com) to collect, process, facilitate and remit payments and / or electronically from other Users in respect of transactions through Payment Facility. Your relationship with the Website (www.pixean.com) is on a principal to principal basis and by accepting these Terms of Use you agree that Website (www.pixean.com) is an independent contractor for all purposes

▸  You understand, accept and agree that the payment facility provided by the Website (www.pixean.com) is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Website (www.pixean.com) using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, the Website (www.pixean.com) is neither acting as trustees nor acting in a fiduciary capacity

▸  The Website (www.pixean.com) reserves the right to impose limits on the number of Transactions or Transaction Price which it may receive from on an individual Valid Credit/ Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

▸  The Website (www.pixean.com) reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by User or breach / violation of any law or any charges imposed by Issuing Bank or breach of any policy.

▸  In the event, the Website (www.pixean.com) is not satisfied with the creditability of the User, it will have the right to reject the receipt of Users

▸  The Website (www.pixean.com) may delay notifying the payment confirmation, if it deems suspicious or for Users conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, the Website (www.pixean.com) may hold the service and may not provide service at the request of law enforcement officials or in the event the user is engaged in any form of illegal activity.

▸  The Client acknowledges that the Website (www.pixean.com) will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction / Transaction Price or any delay in processing a Transaction / Transaction Price which is beyond control of Website (www.pixean.com)

 

 

PRIVACY

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Sensitive Personal Information is one of our most important assets. We store and process Your Sensitive Personal Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our Privacy Policy is available for more details.

 

LEGAL DISCLAIMER

This Website (www.pixean.com), all the services, included on or otherwise made available to You through this Website (www.pixean.com) are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Website does not warrant that:-

▸  This Website (www.pixean.com) will be constantly available, or available at all; or the information on this Website (www.pixean.com) is complete, true, accurate or non-misleading.

▸  The Website (www.pixean.com) does not warrant that this site; information, Content, materials, images, product (including software) or services included on or otherwise made available to You through the Website (www.pixean.com); their servers; or electronic communication sent from us are free of viruses or other harmful components.

Nothing on Website (www.pixean.com) constitutes, or is meant to constitute, advice of any kind.

We disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF THE WEBSITE.

You will be required to enter a valid name, phone number and email id while availing registering on the Website (www.pixean.com). By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any updates.

 

INDEMNITY

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