Last Updated: October 1, 2020
The Picha Website and Picha Platform are freely accessible for individuals and businesses (“You”). If You intend to use the Picha Website on behalf of Your employer, a business or other legal entity, then all references to You are also references to such business, and said employer, business, or legal entity is bound by these Terms.
Please read these Terms carefully.
Individuals and legal entities (“Clients”) who wish to order photography, videography, associated services and media (respectively “Services” and “Deliverable(s)”) from Picha, and photographers who wish to provide photography or videography services (“Photographers”) via the Picha Platform may create an account on Pichaimages.com (a “User Account”). You may create only one User Account on Pichaimages.com. Your Pichaimages.com User Account may allow You to access other Picha websites, in which case other terms may apply.
Please note that You must be at least 18 years old to create a User Account.
By creating a User Account, You represent and warrant that any information You provide in connection with Your registration for and use of the Picha Website and Picha Platform is and will remain true, accurate, and complete, and that You will maintain and update such information regularly.
You may not share Your User Account information with anyone else. You are solely responsible for maintaining Your User Account’s confidentiality and security.
In order to access the Picha Platform, You will need to log into your User Account. All orders of Services and Deliverables via the Picha Platform are governed by these Terms, as well as any other agreement between You and Picha.
Ordering Services on the Picha Platform
The Picha Platform allows Clients to order Services and Deliverables from Picha. When You place an Order, You will be asked to agree to additional terms that will govern Your use of such photographer’s services. When Deliverables are ready for You, they may be accessed via the Picha Platform, unless otherwise agreed by the Parties.
Becoming a Photographer on the Picha Platform
If You are interested in becoming a Photographer on the Picha Platform, You will need to enter into a separate agreement with Picha (“Photographer Agreement”), whereupon You will be eligible to provide photography services to Picha Clients, based on Your location,availability, experience, relevant skills, and expertise. For more information on becoming a Photographer on the Picha Platform, please click here.
Picha may make available for Your use materials such Client contact information, guidelines, and/or other documentation. We (and, in some cases, our licensors) own all rights to such materials. Unless expressly permitted elsewhere, You are not authorized to copy, publish, and/or display such materials.
Third Party Content
You may encounter third party content on the Picha Website and/or Picha Platform, Client information, guidelines, and/or other documentation. Such content belongs to third parties, and we are not responsible for its content, continuity and/or availability. In addition, You are not permitted to use such third-party content unless You receive permission from the owner of such third-party content.
By using the Picha Website and/or Picha Platform, You agree to comply with all laws, rules and regulations, whether federal, state, local or provincial, applicable to Your use of the Picha Website, Picha Platform, and to any content You transmit to and/or through the Picha Website and/or Platform, including, without limitation, copyright laws and data protection laws and/or regulations.
Regarding Your content and Your User Account, you may not:
Regarding Your use of Pichaimages.com and/or the Picha Platform, you may not:
Picha follows all applicable copyright laws and takes copyright infringement extremely seriously. Picha will process copyright complaints submitted to us under applicable copyright legislation at [email protected]. When sending a complaint, please provide the following information:
We will respond to complaints in the order we receive them. Sending multiple complaints will not accelerate the process. Please note that information concerning the complaint, including Your full name, email, address, and other information, will be forwarded to the user implicated in the complaint. If You would prefer that Your information is not disclosed, You may appoint an agent to file the complaint on Your behalf.
Picha may periodically feature sweepstakes, contests, raffles or similar promotions (“Promotions”) via the Picha Website and/or the Picha Platform. Such Promotions may be governed by rules separate from these Terms. In the event Promotion rules conflict with these Terms, the Promotion rules shall control, but solely in connection with the Promotion.
You may deactivate Your User Account on the Website(s) at any time by going into Your account settings.
If You are a Photographer who has created a User Account in order to provide photography and/or videography services via the Picha Platform, deactivation of Your User Account will not terminate Your Photographer Agreement. In the event that You deactivate Your account, Picha will not be responsible for the continued storage and/or subsequent loss of any information, content or media on Your account.
If You are a Client who has placed an Order on the Picha Platform pursuant to the Terms and Conditions, has otherwise agreed to the Terms and Conditions, or has entered into an agreement for Services with Picha, deactivation of Your User Account will not terminate the Terms and Conditions, or other agreement with Picha. In the event that You deactivate Your account, Picha will not be responsible for the continued storage and/or subsequent loss of any information, content or media on Your account.
We may suspend Your access to Your User Account and all the rights granted to You under these Terms if You have repeatedly failed to make applicable payment(s) for an Order when due, or if an applicable payment for an Order is overdue. If we suspend your User Account because of failure to make payment, You will not be entitled to any kind of reimbursement or refund.
We may terminate Your user account and all the rights granted to You under these Terms if, in our sole discretion, or we deem such termination to be in the best interest of Picha. In such an event, we may, without any liability to You, delete Your User Account and all information and content associated with it. If we terminate Your User Account because You have failed to comply with Picha Terms, You will not be entitled to any kind of reimbursement or refund.
Although access to Pichaimages.com, the Picha Platform, and creation of a Pichaimages.com account are free, please be aware that third party vendors may charge a fee in connection with processing payments.
Pichaimages.com and the Picha Platform’s offerings, products, and features are constantly being developed and improved. As a result, and in Picha’s sole discretion, some features (whether or not identified as beta) may be modified, temporarily removed, and/or discontinued. We are not liable to You in the event any offering, product and/or feature on the Picha Website and/or the Picha Platform becomes temporarily or permanently unavailable.
THE Picha WEBSITE AND THE Picha PLATFORM ARE PROVIDED ENTIRELY “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Picha DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT). Picha DOES NOT WARRANT THAT THE OPERATION OF THE Picha WEBSITE AND/OR Picha PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT ANY ERRORS OR FAILURES WILL BE CORRECTED. Picha IS NOT RESPONSIBLE OR LIABLE FOR THE LOSS OF OR DAMAGE TO YOUR CONTENT, OR THE IMPACT THAT ANY PROBLEMS YOU ENCOUNTER ON THE Picha WEBSITE AND/OR Picha PLATFORM MAY HAVE ON YOUR RELATIONSHIP WITH YOUR CLIENTS. YOU USE THE Picha WEBSITE AND/OR Picha PLATFORM AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS, INCLUDING LOCAL RULES REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, (1) IN NO EVENT WILL Picha BE LIABLE TO YOU FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL Picha BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY OR OF NO FAULT ON ITS BEHALF; AND (2) THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF Picha FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS, HOWEVER CAUSED, ARISING FROM OR IN RELATION TO THE Picha WEBSITE(S) WILL NOT EXCEED $500 OR THE AMOUNT YOU PAID TO Picha FOR Picha SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
We reserve all rights not expressly granted to You in these Terms. For the avoidance of doubt, Your access is to Picha Platform through which You may order Services and access Deliverables, or offer Your services as a Photographer, and we do not grant You any license to our software, trademarks, trade names, or logos.
Picha Terms are governed by the laws of the Republic of Kenya. You agree to the non- exclusive jurisdiction of the commercial court ofthe Republic of Kenya, for any action or proceeding arising out of or related to Picha Terms. Any disputes arising under or in connection with Picha Terms (including any of the policies referred to herein) and/or in connection with the Picha Website and/or Picha Platform shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions. Specifically excluded from application to Picha Terms is the United Nations Convention on the International Sale of Goods.
Independent Contractor Relationship
The parties’ relationship to each other under these Picha Terms is strictly that of independent contractors, and nothing in these Picha Terms will in any way constitute or be construed as evidence of intent to establish any association, partnership, joint venture, or other relationship.
Picha may contact You regarding the administration of Your User Account and/or important changes to these Terms via the email address You provided upon registration.
Picha may make changes or updates to Picha Terms at any time, in its sole discretion, and such amended Picha Terms will go into effect once posted on Pichaimages.com. Your continued use of the Picha Website and/or the Picha Platform after such time will be deemed an acceptance of the changes. If the changes we make are material, we will notify You through reasonable means (for example, by posting a notice of the change on Pichaimages.com, or by sending a notice to Your email address). If You do not accept the amended Picha Terms, You may discontinue Your use of Pichaimages.com and the Picha Platform.
Except as expressly provided herein, a party may waive its rights under Picha Terms only by a written document executed by both parties. Any failure or delay to enforce any provision of Picha Terms will not constitute a waiver thereof or of any other provision hereof.
The rights You grant to Picha under Picha Terms will remain in effect even if You stop using Picha Website(s).
If for any reason a court of competent jurisdiction finds any provision of Picha Terms (or any portion thereof) to be unenforceable, that provision (or any such portion) will be enforced to the maximum extent permissible so as to effect the intent of Picha Terms, and the remainder of Picha Terms will continue in full force and effect.
You may not assign or delegate Picha Terms or any of Your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that Picha may assign or sub-contract any of its rights or obligations under Picha Terms.