Terms of Services

While we strongly encourage you to go through the full Terms of Service below, here are a couple of highlights in non-lawyer-speak that you might be interested in:

We will vigorously protect your privacy and intellectual property. Your pictures, designs and personal information will always be your property only used by us to provide you this service. Your pictures and designs will never be copied or reused in a manner that violates your privacy or intellectual property.

Your personal information including contact number, email ids, billing and shipping address, GST number and PAN number is collected by us to keep your account active and for billing and shipping purposes only. Your privacy and personal information will not be shared by us for any other purpose.

Your use of our service has to be within the limits of the law. We can take action for anything that violates the law.

Terms of service

Welcome to the website of Pekaro (“Site”/ “website”/ “app”) to avail the products and services of Pekaro (collectively the “Pekaro Products and /or Services”) which is provided by Pekaro Digital Technologies Private Limited (“Pekaro” or “we” or “us” or “our”).

You must be legally competent to enter into this Agreement. We do not render any advice, certifications, guarantees or warranties relating to the Pekaro Products and / or Services which we make available on this website or app. The use of this site is governed by these Terms and Conditions (“Agreement”). When you (“You” or “Your”) use this site, you acknowledge that you have read this Agreement and accept to be bound legally by the terms herein or such terms as may be modified from time to time.

If You Do Not Agree To This Agreement, Please Do Not Use The Pekaro Services Or The Site

We reserve the right at any time to change all or any part of this Agreement; change the Pekaro Products and/ or Services being provided, including by eliminating or discontinuing any content on or feature of the Pekaro Service; and change any fees or charges for use of the Pekaro Services. Any changes we make will be effective immediately upon notice, which we may provide by any means including without limitation, posting on the website or by electronic means such as mail sent to your email id registered with Pekaro or through messages sent to your registered mobile number with Pekaro. Your continued use of the Service after such notice will be deemed acceptance of such changes. You are responsible for checking this Agreement periodically for changes. Upon Our request, you agree to sign a non-electronic version of this Agreement.

About The Pekaro Services

Pekaro Services include without limitation creating customized photo books, prints, posters, calendars, share books, moment books, canvas, home decor, gifting where You can upload photos, create product, place order, make online payment etc.

Eligible Users

You must be above eighteen (18) years of age to utilize Pekaro Services and you hereby formally affirm to have completed eighteen (18) years of age at the time use of this Site.

Registration

Utilization of Pekaro Services available on Our Site requires registration. Registration shall not be available to users below eighteen (18) years of age. Each registration is for a single individual user only. In order to register, you will need an individual user name or Login ID (“Login ID”) and a password.

You agree to

1. Provide true, accurate, current and complete data about yourself on the Site’s registration form (“Registration Data”);
2. Promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of this, we will have the right to suspend or terminate your use of Pekaro Service and/or terminate your account with Pekaro. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not;
3. Not have a Login ID that is vulgar, attempts to impersonate another person or violates the law or the rights of others. We may reject any Login ID that we determine in our discretion is unacceptable;
4. Immediately notify us of any unauthorized use of your password or account or any other breach of security;
5. Ensure that you log out/exit from your account each time you complete using Pekaro Services through your account with us.
6. As a registered partner of Pekaro, you will be eligible to receive communication via IVR, SMS, Call, Whatsapp and email. You can choose to opt out from receving IVR communication by calling 1-800-419-0570. You can also email us at care@pekaro.in to opt out from the IVR messages.Pekaro will send an opt out SMS to registered partners every 180 days to unsubscribe from the IVR service.

You acknowledge and agree that access and use of password protected and/or secure areas of Pekaro Service are restricted to users who have been given a valid password by Our Site. You agree not to access these areas of the Service without appropriate authorization and acknowledge that in the event you attempt to access/use such restricted areas of the Pekaro Services, you may be subject to prosecution.

Access To Service and Obligations

You may use the Pekaro Products and /or Services for lawful purposes only. You may not submit or transmit through Pekaro Products and /or Services any material, or otherwise engage in any conduct that:

1. Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts, is lascivious or appeals to prurient interest;
3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. Impersonates any person, business or entity, including Us and Our employees and agents;
5. Attempts to exploit a minor (under the age of 18);
6. Requires you to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
7. Requires you to upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
8. Requires you to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
9. Interferes with or disrupt the Pekaro Products and /or Services or damage, disable, overburden, or impair our servers or network servers or networks connected to Pekaro Products and /or Services, or not comply with any requirements, procedures, policies or regulations of networks related to Pekaro Products and /or Services;
10. Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
11. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
12. Violates this Agreement, guidelines or any policy posted on the website; or Interferes with the use of Pekaro Products and /or Services by others; and Intentionally or unintentionally violates any applicable local, state, national or international law, including any regulations having the force of law.
13. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce this Agreement.

Use Of Pekaro Applications

The use of any part of the Pekaro Services is solely based on your acceptance of Pekaro’s Terms of Service as detailed herein.

You may not use any technologies of Pekaro to violate the Terms of Service.

You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution or use of your Content or the Pekaro Products and / or Services.

Any material, contents or information downloaded or otherwise obtained from the Pekaro is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Support Services

You are using the Pekaro Services AT YOUR OWN RISK and we are under no obligation to provide You with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the software for using our website.

No Resale Of Pekaro Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Pekaro Services (including Your Login ID), use of Pekaro Services, or access to Pekaro Services.

Termination Of Pekaro Services

In its sole and absolute discretion, with or without notice to you, We may (i) suspend or terminate your use of Pekaro Service; or (2) terminate your account.

You may terminate your account for any reason by emailing us prior to such termination.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Pekaro Services.

Online Purchase

If you wish to purchase any Pekaro Products and/ or Services offered on the Site or the Pekaro apps, we will ask you to supply certain information applicable to your purchase, including without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any products or services on our website or Pekaro app are subject to change without notice and our current prices can be found on the website and app. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Please also refer the Cancellation Policy included in this document.

Access Costs

You are responsible for all costs in obtaining the equipment and internet connections that you will need to access our website or app. You are responsible for checking with your internet access provider (including your telecom operator if you access our Site or app using wireless applications) to determine all costs that you may incur in accessing the internet and Pekaro Services.

Fees and Payment

We may offer premium products and services and content through Pekaro Services for a fee. Payment and other applicable purchase terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms that shall supplement this Agreement.

Content Submitted Or Made Available For Inclusion On The Pekaro Services

Certain areas of Pekaro Services may allow you to submit or post material, such as photos, images, texts (“Content”) that can be accessed and viewed by others, including the internet audience in general. You may not submit Content on or through our Site that you do not have a right to make available under any law or under contractual or fiduciary relationships. You may not submit content that violates this Agreement. We do not claim ownership of any Content that you may post. However, by submitting Content to on the Pekaro Services, you grant Us, our agents and distributors (including Partners , Exclusive Partners and Franchisees) a royalty free, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, publicly perform, display, create derivative works from, distribute, perform and display such Content for internal and non commercial purposes.

“Publicly accessible” areas of the Pekaro Services are those areas of the website that are intended to be available to the general public. By way of example, publicly accessible areas of the Pekaro Services would include “Pekaro Products” that are open to both members and visitors. However, publicly accessible areas of the Pekaro Services would not include portions of our Site that are limited to members, or areas off our network, of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by us.

We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on Pekaro Services by third parties, whether such third parties are users of the Pekaro Service or others. The opinions expressed reflect solely the opinions of the participants and may not reflect our opinions. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Pekaro Services. We may, but have no obligation to, monitor any materials displayed, transmitted or otherwise made available on or through Pekaro Services.

Copyrights

We respect the intellectual property of others, and we ask you to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may, in our sole discretion, investigate the allegation and/or edit, remove or request the removal of such Content. Notwithstanding the foregoing, we do not ensure that any such content will be edited or removed. However, we may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of repeat infringers.

Proprietary Rights

We own all right, title and interest in and to the Pekaro Service and all materials contained in the Pekaro Services, including, without limitation, our Site designs, logos, button icons, images, digital downloads, data compilations, text, and graphics that are protected by copyright, trademark and other intellectual property laws except for the Content uploaded by the users in which ownership still lies with the user who uploads such photos or images. Any unauthorized use of the materials provided as part of the Pekaro Services is strictly prohibited.

Pekaro acknowledges consents and agrees to protect your Intellectual Property in all the content submitted by you on our website.

Permission is granted to individual consumers to electronically copy and to print hard copy of portions of the Site or other Service solely for personal use. Any other use of materials on the Site or other Pekaro Services, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of our authorized authority is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the Content contained therein without prior written permission of our authorized authority.

Third party Contents may also be accessible via links, we do not claim any copyright on the Contents appearing on such third party sites nor shall be held responsible for any mistakes which might appear therein.

Notice For Infringement Of Intellectual Property Rights

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our authorized authority with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing, is located on our Site, with enough detail that we may find it on the website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Terms For Promotions/contests/offers/campaigns

General Terms for Offers and Promotions

1. Discounts will be applied to the total merchandise value including VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied. Final charges after applying coupons and vouchers will be inclusive of product charges and as well as customization charges.
2. Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
3. Discount coupons – Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered. In the rare event of a cancellation done in line with the Cancellation Policy detailed elsewhere in this document and if a refund is required to be made by us, this will be made in the same way as the original payment method (i.e. through NEFT/RTGS/IMPS).
4. Promotional discount coupons – We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made through this Website.
5. Pekaro shall introduce various offers, schemes or contests at different times. The terms and conditions for such contests shall be separately made available on the website.
6. Pekaro reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. Pekaro, at its discretion, can withdraw a particular scheme from the website or market.

In case of any query pertaining to use of coupon and/or credit note or regarding the schemes, please email customer care at info@pekaro.in.

While participating in any contest, you hereby agree to abide by all the rules of the contest and release and hold Pekaro (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand. The decisions taken by Pekaro with regard to the results of such contests will be final and binding.

Credit Check And Fraud Prevention

We use standard and authorized payment services and our Credit Check and Fraud Prevention policies are aligned to these companies. All disputes would be handled by Bangalore courts.

Replacement Policy

To the extent that you purchase any goods directly from us which are defective or damaged, we will provide a free replacement within ten (10) days of you notifying us in writing of the defect/ damage along with your order number along with the product returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on the website may be sold by third parties or are linked to third party web sites, and we shall have no responsibility or liability for those products or services. You may obtain any additional information concerning the Replacement policy, including our postal address, by contacting us by email sent to info@pekaro.in.

Cancellation Policy

Our systems are completely automated, and hence an order cannot be cancelled once it has already been sent for processing. Orders for the printed products can only be cancelled if the product has not been sent for processing. On cancellation of the order, the entire order amount will be refunded to you within 15 working days. You may request a cancellation by contacting us via email sent to info@pekaro.in.

Disclaimer

Pekaro does not provide any guarantee on the quality of service provided by the photographers and strongly encourages you to interview them, perform your due diligence and ensure that they are right for your needs. Availing of services from the photographers shall be at your own risk.

Users using any of the Pekaro services across the following mediums i.e. through internet i.e. Photographers. pekaro.in Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer, wherein they are cautioned to make all relevant enquiries before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the photographer listed with Pekaro.

Users are cautioned that all and any information of whatsoever nature provided or received from the photographer/s is taken in good faith by Pekaro , without least suspecting the bonafides of the photographer/s and Pekaro neither confirms / acknowledges nor subscribes to the claims and representations made by the photographer/s listed with Pekaro. Further, Pekaro is not responsible for any act of photographer/s listed with Pekaro.

Shipping And Delivery Policy

We dispatch all deliveries using a selection of empanelled courier partners. The Courier service used for your order will depend on the serviceability of the pin code by our courier partners.