TERMS AND CONDITIONS.

Welcome to the web-based Information and Shopping Services provided by Fotobest Private Ltd., hereinafter referred to as “FBPL”. The terms and conditions contained herein along with the Privacy Policy form an Agreement regulating the relationship between you, defined as the “User” and FBPL, with regard to your using www.whizzphoto.com , www.whizz.in or any other sites registered by FBPL, hereinafter referred to as the “Site”. You are advised to read this Agreement carefully. If you are not agreeable to any terms and conditions, you should not use this service, nor transact on the site. You can use the Site & services offered if you are agreeable to all the terms and conditions of this Agreement in their entirety. If you accept this agreement, it will be a legally binding agreement between you and FBPL.

Applicable Law and Jurisdiction

 

This site is owned, managed and controlled by FBPL in Bangalore, India; as such the laws of India shall apply; courts in Bangalore, India shall have jurisdiction in respect of all the terms, conditions and disclaimers. This User Agreement shall be construed in accordance with the applicable laws of India. FBPL reserves the right to make changes to the site and the terms, conditions and disclaimers.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Fotobest Pvt. Ltd. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply. .

 

Eligibility and Membership

You represent, declare and warrant that you are legally competent and eligible to enter into a binding agreement in accordance with the Laws of India. You shall not use this Site if you are not competent or ineligible to contract under the applicable laws, rules and regulations.

FBPL reserves the right to terminate your membership and refuse to provide you with access to the Site if FBPL discovers that you legally ineligible to do so. The Site is not available to persons whose membership has been suspended or terminated by FBPL for any reason whatsoever. If you have registered as a business entity, you represent that you have the requisite authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. FBPL makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. FBPL will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.

Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services offered by FBPL, you hereby agree to be bound by the Terms and Conditions.

All products/services and information displayed on the Site constitute an "invitation to offer". Your order for purchase constitutes your "Offer" or “ Order”, which shall be subject to the terms and conditions as listed below. FBPL reserves the right to accept or reject your offer. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of FBPL prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.

The agreement between you, the User and FBPL shall be subject to the following terms and conditions:-

 

Account and Registration Obligations

"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. FBPL shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If FBPL has reason to believe that there is likely to be a breach of security or misuse of the FBPL Site, we may require you to change your password or we may suspend your account without any liability to FBPL. .

You also agree to:

Pricing Information

While FBPL strives to provide accurate product and pricing information, pricing or typographical errors may occur. FBPL cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, FBPL shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, FBPL may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and FBPL will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event the payment has been processed by FBPL, the same shall be credited to your account using a Refund option that FBPL may deem fit, and duly notify the User by email. The payment will be processed prior to FBPL dispatch of the product that you have ordered.

We strive to provide you with outstanding offers and prices possible on our Site as well as in all our group stores under FBPL. However, sometimes a price online does not match the price in a store. Sometimes, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.

Cancellation by FBPL

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount shall be credited to your account using a Refund option that FBPL may deem fit, and duly notify the User by email.

Cancellations by the customer

In case we receive a cancellation notice before the order has not been processed/approved by us, we shall cancel the order and refund the entire amount nett. of any expenses incurred by FBPL or charges already levied ( by third party payment processing vendors) on the transaction. On cancellation of an Order after it has been processed/approved by FBPL, the cancellation charges will become applicable @ Rs 200 or 15% of the order value, whichever is higher.

However, for Orders placed by a User for Services offered/ provided by FBPL, the transaction cannot be reversed once the Order has been processed or after the finished product or service is ready.

FBPL has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by FBPL and accept FBPL decision regarding the cancellation.

Products once dispatched cannot be returned. Nothing herein will prevent you from returning the product pursuant to rights available to you under applicable law.

Third Party Products:

Along with the other terms and conditions these additional terms are applicable in case you have bought any products not manufactured by FBPL and its group companies. In other words these additional terms and conditions are applicable in case you buy products supplied by third party vendors that are sold on the Site.

You understand and agree that there may be certain products, which will be sold on the Site supplied by third party vendors (“Vendors”). FBPL may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products from Vendors on the Site the following additional terms and conditions will become applicable:-

FBPL is not responsible for any non-performance or issues related to product quality, warranty related to the products provided by the Vendor or Manufacturer.
FBPL does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the items supplied by the Vendors or services proposed to be sold on the Site. In particular, FBPL does not implicitly or explicitly support or endorse the sale of any items or services on the Site. FBPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

You release and indemnify FBPL and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, FBPL cannot control the information provided by other Vendors, which is made available on the Site. You may find other Vendor\\\\\\\\\\\\\\\'s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

All other terms and conditions of this User Agreement are applicable to such transactions.

Fraudulent /Declined Transactions

FBPL reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. FBPL reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You Agree and Confirm

You may not use the Site for any of the following purposes:

Colours:

We have made every effort to display the colors, shapes and design, look and feel of our products and services that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor\\\\\\\\\\\\\\\'s display of any color will be accurate.

Modification of Terms and conditions of Service

FBPL may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, you can access the latest version of the User Agreement at any given time on the Site. You should regularly review the User Agreement on the Site. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.

 

Feedback, Reviews, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to FBPL on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain FBPL property. Such disclosure, submission or offer of any Comments shall constitute an assignment to FBPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, FBPL owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FBPL will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. FBPL is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

FBPL does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant FBPL the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify FBPL and its affiliates for all claims resulting from any Comments you submit. FBPL and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

FBPL and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of FBPL or any third party\\\\\\\\\\\\\\\'s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to FBPL. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of FBPL. You may not modify, distribute or re-post anything on this website for any purpose.

The FBPL names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Fotobest Pvt Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply FBPL endorsement, sponsorship or recommendation of the third party, information, product or service.

FBPL is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of FBPL or its suppliers and protected by Indian and international copyright laws, wherever applicable. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by FBPL, one of its affiliates or by third parties who have licensed their materials to FBPL and are protected by Indian and international copyright laws where applicable. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of FBPL and is also protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, FBPL and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless FBPL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney\\\\\\\\\\\\\\\'s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to FBPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or FBPL. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. FBPL may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to FBPL. Upon any termination of the User Agreement by either you or FBPL, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. FBPL\\\\\\\\\\\\\\\'s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers

The Site does not provide any warranties or guarantees and is offered on an “As Is” condition. You must bear the risks associated with the use of the Site.

The Site provides content from other Internet sites or resources as well and while FBPL tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. FBPL will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

To the fullest extent permitted under applicable law, FBPL or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of FBPL to you for all liabilities arising out of this User Agreement is limited to the value of the product ordered by you.

FBPL, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currency and relevance and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, FBPL assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including un-authorizedly accessing data not intended for you or logging onto a server or an account or attempting to probe or test the vulnerability of a system or network or to breach security (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of uploading a virus to the FBPL Sites, overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. FBPL will investigate occurrences that may involve such violations and would cooperate with law enforcement agencies in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

 

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and FBPL with respect to the FBPL or other related sites/services managed by FBPL, and it will supersede all prior or concurrent communications and proposals, whether electronic, oral or written, between you and FBPL with respect to the FBPL sites/services. FBPL\\\\\\\\\\\\\\\'s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Privacy Policy

We do not offer to sell or rent your personal information to third parties for their marketing purposes without getting your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy is very important to us and we value it as one of our most important assets. We store and process Your Information on computers that are protected physically as well as with technologically advanced security devices. If you object to your Information being transferred or used in this way please discontinue using the Site.

Contact Details:

You may contact us at:
Fotobest Private Limited.
111/1 and 111/2, Dickenson Road,
Bangalore -560042
Tel : 080- 41133432