This TERMS OF SERVICE (the “Agreement”, as further defined below) governs your use of AlphaPIX (the “Entity”, as further defined below). Use of the Services is expressly conditioned on your acceptance of this Agreement. By using the Services, you acknowledge that you have read and agree to abide by the terms and conditions of this Agreement. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.
These Terms of service apply to any use by you of the Services on this Web site, including without limitation all Services available on www.alphapix.in.
Throughout this Agreement, the words “AlphaPIX”, “we”, “us” or “our” mean, collectively, Simply AlphaPIX. “You” or “your” mean each Authorized Person (as defined below) who has an interest in a photography business with AlphaPIXwhich is accessible through the AlpahPIX website. Whenever “you” is more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this Agreement shall be deemed to be jointly and several wherever appropriate. “Authorized Person” means any user who has accepted this Agreement and accessed or used the Services in accordance herewith. “Photographer” means an Authorized Person who has an account with AlphaPIX to manage and gain customers who desire photography services.The “Services” shall mean all content, communications, features and services available or otherwise used by you on or through the AlphaPIX website.
ACCESS TO INFORMATION
Use of the Services provided by AlphaPIX requires a computer and Internet access connected through an Internet Service Provider with a web browser (Safari, Chrome, Firefox, IE etc.,)
You agree to keep your username and password and any other security or access information (collectively, “Credentials”) confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Credentialsand do not write it down. You agree not to give or make available your Credentials to any unauthorized person through any source.
If you believe the security of your Credentials has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services under your user name without your consent or your accounts have been accessed without your permission), you must notify AlphaPIX Support immediately.
AlphaPIX reserve the right, to deny your access to the Services or any part thereof, in order to maintain or restore security or performance to the AlphaPIX website and systems. We may also do so if we reasonably believe you are in breach of this Agreement or your Credentialshas been or may be obtained or is being used or may be used by an unauthorized person(s).
AlphaPIX agrees not to willingly share information stored within the AlphaPIX system with third parties. However, you agree to hold AlphaPIX harmless in the event information stored in the AlphaPIX system is required to be disclosed by law, or is accidentally or maliciously obtained by a third party. While AlphaPIX takes measures to back-up the information stored in AlphaPIX, you agree to hold AlphaPIX harmless for any loss of data or information stored in the system. You agree to hold AlphaPIX harmless for any damages you incur by using AlphaPIX.
You agree that all electronic communications that we receive on the AlphaPIX website or otherwise in connection with the Services, such as those directing us to take an action with respect to your account, that match your credentials or other identity information you have provided when enrolling in or using the Services will be deemed valid, authentic and binding obligation.
You agree (to the maximum extent permitted by law) to hold harmless AlphaPIX and its vendors and suppliers and protect and indemnify AlphaPIX and its vendors and suppliers from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys’ fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Services rendered by AlphaPIX pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.
You agree that all electronic communications, including but not limited to data entry, will not be fraudulent or otherwise incorrect, and that you have the right to disclose any information that you are disclose to AlphaPIX.
CHANGES AND INTERRUPTIONS IN SERVICE
AlphaPIX may revise, discontinue, or otherwise modify, temporarily or permanently, the Services or any part thereof (including, without limitation, the AlphaPIX website, this Agreement, the scope of the Services, and any materials related to the Services), or your access thereto. Without limiting the foregoing, we reserve the right at any time to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.
You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes and the then current version of this Agreement as posted on the AlphaPIX website.
We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services.
We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
YOUR ROLES, RESPONSIBILITIES AND LIABILITIES
It is your sole responsibility to ensure that the any information in your AlphaPIX user profile is current and accurate. This information includes, but is not limited to; name, address, and phone numbers, e-mail addresses etc., Changes to your contact information can be made in the settings section of the AlphaPIX application.
Monthly Membership: Your membership with AlphaPIX is a month-to-month recurring membership with no contracts. You may cancel our service at any time. AlphaPIX notifies you with reminders before the due date.Amounts paid are not refundable. Subscriptions to AlphaPIX are pre-paid.
Annual Membership: The Annual Plan is a 12-month subscription, which will be pre-paid at the time of selecting the service. The 12-month term will begin at the end of your current billing cycle. Amounts paid are not refundable. There are no pro-rated discounts for early termination of the plan. Any changes made to your plan prior to your Renewal Date will go into effect at the end of the current annual subscription term. Plan changes can be made in the ‘Upgrade & Payments’ section of your account.
AlphaPIX will send an email notice approximately 30 days prior to your Renewal Date to let you know the current annual subscription term is about to end. However, you are responsible for making any adjustments to your plan and account prior to your renewal date regardless of whether you receive any notice from us.
Please refer to the ‘Upgrade & Payments’ screen for information about your Renewal Date. AlphaPIX will email you a payment confirmation after subscription renewal with receipt.
RIGHT TO TERMINATE
We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason.Also, you may not assign this Agreement or your rights to the Services to any other party.
We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
HARM TO COMPUTER SYSTEMS/DATA
You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer by downloading information, software, or other materials from the AlphaPIX website or any other AlphaPIX applications and services.
LIMITATION OF LIABILITY
Except as otherwise expressly provided herein, your use of the Services is at your own risk.
NONE OF THE ENTITIES COMPRISING ALPHAPIX OR ITS VENDORS AND SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES IS LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND; OR (II) COST OF REPLACEMENT GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES, OR THE INABILITY TO ACCESS OR USE THE SERVICES, WHETHER CAUSED BY ALPHAPIXOR THIRD PARTIES, ONLINE SERVICE PROVIDERS, ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING. IN NO EVENT SHALL ALPHAPIX’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE LAST 30 DAYS.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE ALPHAPIXMAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ALPHAPIXMAKES NO WARRANTY THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.
AREA OF SERVICE
Unless otherwise agreed by AlphaPIX, the Services described in this Agreement are solely offered within India.
This Agreement constitutes the entire agreement between AlphaPIX and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of AlphaPIX, or by the posting by AlphaPIX of a revised version in accordance with this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Application will be governed by the laws of the Province of Tamilnadu, India, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the Tamilnadu, India. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; AlphaPIX may assign its rights and obligations under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You confirm that you prefer this Agreement and any related documents to be in English.
QUERIES AND CLARIFICATION
Let’s get in touch – we’d love to discuss the ways you can use AlphaPIX to grow your business.