TOPHO Terms and Conditions
Topho technology and services OPC private limited, B-55, Buddha Colony, Patna - 800001, Bihar.. (“Company/We/Us”), owns and operates the Platform/website https://www.topho.in (“Platform/Site”). The Company facilitates: a) its end users to search for and book photographers through its Platform and/or b) photographers registered on the Platform to offer their Services through the Platform (collectively referred to as “Services”).
These Terms and conditions apply to the end users who register on the Platform to avail Services through the Platform of the photographers registered on the Platform.
These Terms and conditions (“Terms”) constitute a legally binding Agreement between the end users and the Company and are in addition to the privacy policy already displayed on Our Platform.
Any reference to in the form of “We”, “Us” and “Our” would hereinafter refer to the Company. Any reference to “You”, “Your”, “Yourself” shall hereinafter refer to the end users. The end users and the Company together may be referred to as “Parties” and singularly as “Party”.
Please use Our Services only if You are agreed to the Terms and conditions outlined under this Agreement. If You consent electronically or access or use Our Services, then You shall have been deemed to consent to the Terms and conditions outlined under this Agreement. If You are not agreed to the Terms and conditions under this Agreement, please do not use Our Services.
If you have questions, you can email us at [Insert email address]. We reserve the right to enforce the Terms by limiting your access to the Services, up to and including permanent Termination of your Account. We also reserve the right to change the Terms at any time. It is your responsibility to update yourself of the current Terms and conditions.
ACCOUNT AND REGISTRATION
Our Platform facilitates end users to register, create an account and avail Services through our Platform of various photographers who are registered on the Platform. The responsibility and liability to keep the account and its credentials including but not limited to the username and password safe, lies solely with the end users. The Company and/or the Platform shall not be liable for any unauthorised access to the Account. The Company may at its sole discretion, suspend or terminate the account of the photographer, if it reasonably suspects that the account is in violation of these Terms.
The end users agrees and undertakes to not carry out any unlawful activity through their account. The end users shall provide correct and accurate details on their profile. The Company shall not be liable or responsible for any claims pertaining to breach of personal information and/or applicable laws related to personal information.
OBLIGATIONS OF THE END USERS
i. The end users represent and warrants that they shall comply with the Terms of the Platform and avail the Services from the photographers listed on the Platform through the Platform in a professional manner.
ii. The end users shall cooperate with the Photographers and maintain professional behaviour at all times.
iii. The end users shall avoid unnecessary delay in already decided shoots and frequent changes in requirements in order to minimize hurdles and facilitate efficient and timely Services.
iv. The end users shall be responsible for timely payments including advance payment to the Platform and remaining payments to the photographers on the Platform.
v. The end users shall make timely payments.
vi. The end users shall comply with all applicable laws, while availing the Services through the Platform.
vii. The end users shall make informed choices regarding the Services they want to avail from the photographers through the Platform by going through the reviews and feedback provided about the photographers on the Platform. The end users shall not hold the Platform liable for any deficiency in the services provided.
viii. The end users shall not circumvent the Platform and independently approach the photographers, they procure through the Platform.
ix. The end user shall at all times remain compliant with these Terms and the privacy policy of the Platform.
x. The end users shall not leak the personal data of the photographers listed on the Platform which the photographers have shared with the end users in good faith to help the end users with their requirements on the Platform.
xi. The intellectual property in the photos including its copies and formats clicked by the photographer shall vest in the End Users and the end user shall make necessary efforts to protect their rights against the photographers.
xii. The end users are informed and required to accept that the Photographer is an independent service provider providing its Services through the Platform and only the photographer shall at all times remain solely and exclusively liable for direct and indirect consequences arising out of the Services availed through the Platform by the End Users. The Platform merely facilitates the provision of the Services but does not take responsibility for the quality or nature of Services provided.
xiii. The end user shall not approach the photographers through the Platform to avail any Services which results in infringement of any third-party intellectual property right in providing such Services.
xiv. The end user shall display only valid and true information on the Platform and not cause any misrepresentation in any form.
FEE AND PAYMENT
The fee charged by the Photographer shall be displayed on the Platform and the end user shall make the payment as required through the payment methods available on the Platform.
An advance payment will need to be made to book the photographer in advance. Balance payment can either be paid through the Platform or directly to the photographer.
The Advance paid shall be non-refundable.
CONFIDENTIAL INFORMATION
“Confidential Information” shall include all information directly or indirectly related to the Services and/or the Platform, shared between the parties, either in written, oral or electronic form.
Receiving party shall not disclose the Confidential Information or shall allow unauthorised access to the same by any third-party, without the prior written consent of the disclosing party.
Receiving party shall use the Confidential Information shared solely for the purposes as outlined under this Agreement.
Receiving party shall take all reasonable measures to maintain the confidentiality of all such Confidential Information of the other party in its possession or control, which shall in no event be less than the measures it uses to maintain the confidentiality of its own information of similar importance.
Receiving party shall not make any copies or derivatives of the Confidential Information, so received.
Receiving party shall immediately upon becoming aware of a breach of its security that reasonably may have resulted in unauthorized access to the disclosing party's Confidential Information, notify disclosing party and shall cooperate fully with disclosing party’s investigation of and response to the incident.
Receiving party recognizes, acknowledges, and agrees that disclosing party may sustain irreparable harm if Receiving party's obligations and undertakings herein are breached, for which monetary damages would not be an adequate remedy. Therefore, receiving party agrees that, in the event of a threatened breach or a breach of this Agreement, disclosing Party will be entitled, without prejudice to all other available remedies, to seek and obtain an injunction, without bond, or to an appropriate decree of specific performance or any other appropriate equitable relief in any court or tribunal of competent jurisdiction.
Notwithstanding the above, the obligations of confidentiality as outlined under this Agreement shall not apply in the following situations:
a. The information being disclosed already exists in the public domain for reasons other than the breach of the receiving party.
b. The information was mandated to be disclosed under any applicable law.
c. The information was mandated to be disclosed under any government order or as a result of a judicial decision.
d. The information was in the lawful possession of the receiving party prior to signing of this Agreement.
INTELLECTUAL PROPERTY
Except for the rights granted in accordance with the Terms and conditions of this Agreement, all rights, title and interest, in the Platform/Site, including inter alia any future upgrades, updates, improvements, Customer feedback and enhancements, Company logos, trade names and trademarks, and the associated Documentation shall be the sole and exclusive intellectual property of the Company.
The personal data of the end users, photographs of the end users and its copies created by the photographer through this Platform shall be the sole and exclusive intellectual property of the end user.
Nothing in this Agreement shall effect in:
a. Transfer of ownership of any intellectual property rights from one party to another or;
b. Provide either party, a right to use the other party’s trade names, logos or trademarks, unless otherwise agreed in writing.
INDEMNIFICATION
End User shall indemnify, defend and hold the Platform and its officers, directors, employees, agents, successors and assigns harmless from and against all third-party claims, suits, actions, damages, losses, liabilities, costs (including without limitation reasonable attorney’s fees) directly attributable to such Party arising from or in connection with:
a. such Party’s breach of Terms as outlined in this Agreement and/or;
b. breach of applicable laws.
c. Acts of negligence, wilful omission and fraud.
DISCLAIMER
USE OF THE SERVICES AND PLATFORM IS AT END USER’S OWN RISK. THE SERVICES AND THE PLATFORM ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND/OR THE PLATFORM INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL COMPLETENESS OR ACCURACY, OR FREEDOM FROM TRANSCRIPTION ERRORS, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, OR (6) THAT THE SERVICE AND/OR THE PLATFORM WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER.
LIMITATION OF LIABILITY
NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, OR CONSEQUENTIAL DAMAGES AND/OR LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT SHALL IN NO EVENT EXCEED INR One Thousand (1000).
THE END USERS ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT LIABLE FOR THE ACTS AND OMISSIONS AND/OR DIRECT/INDIRECT CONSEQUENCES, ACTIONS, CLAIMS, DAMAGES, LOSSES ARISING OUT OF AND/OR IN CONNECTION WITH THE SERVICES OFFERED AND/OR RENDERED BY THE PHOTOGRAPHER THROUGH THE PLATFORM AND THE END USERS OR ANY OTHER PERSON CLAIMING THROUGH THEM, SHALL NOT HOLD THE COMPANY LIABLE FOR THE SAME. THE END USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS A MERE FACILITATOR OF THE SERVICES AND IS IN NO WAY RESPONSIBLE OR LIABLE FOR THE SERVICES RENDERED BY THE PHOTOGRAPHER.
SEVERABILITY
If any term or other provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law, or public policy in whole or in part, such provisions or applications shall to that extent be severable and shall not affect other provisions or applications of this Agreement.
ASSIGNMENT
Neither Party may assign this Agreement or any of its rights under this Agreement without the prior written consent of the other Party, except that the Company may assign this Agreement upon notice to (but without the consent of) the end user to any successor in connection with a reorganization, change of control, consolidation, merger, sale of all or substantially all of its business or assets related to these Terms. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.
FORCE MAJEURE
The Parties will not be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities or service, breakdown of internet service, lack of utility service, breakdown of equipment, natural catastrophes, governmental acts or omissions, changes in laws or regulations, strikes, fire, explosion, or other similar cause.
WAIVER
The failure of either Party to require performance of the other Party to any provision hereof shall in no event affect the full right to require such performance at any time thereafter, nor shall the waiver by either Party of a breach of any provision hereof, constitute a waiver of any succeeding breach of the same or any other provision nor constitute a waiver of the provision itself.
GOVERNING LAW
These Terms will be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be submitted exclusively before the courts in Patna.
QUESTIONS AND GRIEVANCES
If you have any queries regarding this Agreement, you may contact our customer service personnel at the following email address: [insert email address]. The Company does not ensure but, Our customer service personnel, shall try to the best of their capabilities to resolve Your issue within 30 working days of Your raising such an issue.