Last updated: 4 July, 2021
Pyx provides an online booking, payment and matching marketplace that connects Photographers and Users (individual, SMB, enterprises, others) requiring on-demand photography Services (collectively known as “Services”) to you through its website pyx.co.in, its mobile applications and related Services Subject to the below Terms of Service. We reserve the right, at our sole discretion to change or modify portions of these Terms of Service at any time. We will notify the end-User and the Photographers of any change to these Terms of Service by posting a banner on this page or by an email notification; or both. Your continued use of the Pyx website or applications after any such change is made constitutes your acceptance of our new Terms of Service.
Pyx site is an online marketplace through which Photographers (defined below) may offer photography Services (defined below) and Subjects (defined below) may book photography Services. You acknowledge and agree that:
Different sections of the site and Terms of Service affect Photographers and Subjects differently, so please be sure to read these items carefully.
“User”, “you” or “your” means a person, organization or entity using our Services, including Photographers and Subjects.
“Subject” means a person or entity that uses Pyx to book a Photographer.
“Photographer” means a person who can provide the photography Services sought and who is accepted by Pyx on our site.
“Photography Services” means photography-related Services (not excluding editing or post-processing Services) provided by Photographers.
Pyx Services make available an online marketplace with related technology for Subjects and Photographers to arrange for the matching of a Subject with a Photographer and booking of photography services. Pyx itself does not provide any photography service. Pyx’s responsibilities are limited to:
If you are under 18 years of age, you are not authorized to use our Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering only with the express approval of your parent or guardian.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password and account. You agree to
Pyx will not be responsible for any loss or damage arising from your failure to comply with this section.
Pyx reserves the right to modify or discontinue , temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pyx will not be liable to you or any third party for any modification, suspension or discontinuation of the Service (or any part thereof).
The Service includes certain features that are available via a mobile device, including (but not limited to)
To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers and devices. By using mobile services, you agree that we may communicate with you regarding Pyx and other entities via SMS, MMS, text message or other electronic means. In the event that you change your mobile number, you agree to promptly update your Pyx account information to ensure that messages are not sent to the person who acquires your old number.
Pyx endeavors to match Subjects with the most suitable Photographer(s) based on the information provided by the Subject. A number of Photographers may be presented as options to a Subject as part of the matching process, in which case it’s the Subject’s responsibility to make the final choice as to which Photographer provides the requested photography services.
A Subject will be able to book photography services through the site/ application. However, even when a Photographer is matched with or chosen by a Subject for a booking, Pyx reserves the right to change which Photographer actually provides the Services for a particular booking in its sole discretion. Pyx will endeavor to inform the Subject of any such change in advance.
As Photographer, you may not induce Subjects to receive Services similar to the photography services offered by Pyx off the site. You acknowledge and agree that a substantial portion of the compensation Pyx receives for making the site available to you is collected through the Pyx fee described in Payment Terms. Pyx only receives this fee when a Subject and Photographer pay and receive payments through the site.
During the non-circumvention period of 12 months following each shoot, you acknowledge and agree not to contact the Subject for any photography need off the Pyx platform. Failure to not do so, will result in a fine of INR 1,00,000 (Rupees One Lac) per off-platform relationship and suspension/ deactivation off the Pyx platform.
To pay the off-platform activity penalty, you must request instructions by contacting Pyx using our Contact Us form.
Photographer agrees that certain confidential information (including, but not limited to photography guides, information packages, computer programs, training guides, technical drawings, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, financial, customer and product development plans, forecasts, strategies and information) that the Photographer learns about or obtains in connection with the Service, constitute “Proprietary Information”. Photographer will hold in confidence and disclose or, except in the performance of contracted Services, use any proprietary information.
Photographer will prevent unauthorized access to or disclosure of the proprietary information using at least the same degree of care as the Photographer uses to protect his/ her own most sensitive information. Upon termination of association or as requested by Pyx, the Photographer will promptly return all items and copies containing or embodying proprietary information.
As a Photographer, you must provide Pyx with any information requested in order for Pyx to match you with a Subject, such as information on your background, experience and skills, sample photos taken by you, contact details and your headshot. You must also provide Pyx with up to date, complete and accurate information regarding the days and times you are available to complete bookings and must ensure that this information remains accurate and current at all times. Once you are matched with the Subject, you have the right to turn down the job, but Pyx has the sole discretion to determine if such a refusal will harm your ability to be matched in the future. Pyx may also request that you submit a portfolio of previous works. Pyx has sole discretion as to which Photographers are accepted into the marketplace and we reserve the right to reject any potential Photographer and remove any Photographer from the marketplace at any time.
EACH PHOTOGRAPHER IS SOLELY RESPONSIBLE FOR OBTAINING ALL APPLICABLE PERMITS, LICENSES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY PHOTOGRAPHY SERVICES. PYX ASSUMES NO RESPONSIBILITY OR LIABILITY FOR A PHOTOGRAPHER’S FAILURE TO OBTAIN SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.
Nothing in this agreement will in any way be construed to constitute Photographer as an agent, employee or representative of Pyx, but the Photographer will perform the Services hereunder as an independent contractor. Photographer acknowledges and agrees that the Photographer is obligated to report as income all compensation received by the Photographer pursuant to this agreement, and Photographer agrees and acknowledges the obligation to pay all self-employment and other taxes thereon and that he will not be eligible for any employee benefits (nor does he desire any of them) and expressly waives any entitlement to such benefits. Photographer acknowledges and agrees that he will use his own discretion in performing the tasks assigned, within the scope of work specified by the company.
You understand and agree that Pyx is neither an insurer, nor a contracting agent or employer for you as a Photographer. If the Subject purchases any of your photography services, any agreement you enter into with such Subject is between you and the Subject; and Pyx is not a party thereto. Notwithstanding the foregoing, Pyx serves as your limited authorized agent for the purpose of collecting payments from Subjects on your behalf and Pyx is responsible for transmitting your portion of such payments to you. You acknowledge and agree that, as a Photographer, you are responsible for your own acts and omissions. You understand that Pyx does not offer any medical coverage for bodily harm or injury that may result from providing the photography services. Pyx will not reimburse for any medical bills, transportation or loss of wages as a result of the injury or for any accommodations.
Pyx will have the sole discretion to issue a monetary penalty to a Photographer, if
Each Subject agrees to pay all applicable fees for photography services and fees for any digital downloads or prints purchased either through a package or after the completion of the photography services (“Purchased Prints”) as set forth on the site (collectively, “Photographer Fees”). All Photographer fees are payable in the currency specified on the site at the time of the booking. If a Subject requests amended photography services, including but not limited to change in shoot time, location, duration or type of photography needed, a change fee may be charged. ALL CHANGE FEES ARE PAYABLE BEFORE ANY AMENDMENTS ARE MADE TO THE PHOTOSHOOT AND PERFORMED.
Pyx may also charge fees to Subjects for use of the Services (the “Service Fee”). This “Service Fee” is equivalent to 5% of the Photographer fees. Pyx reserves the right to change the Service Fee at any time, and will provide Subjects with notice of any change to the Service fee before such change takes effect by updating the Terms of Service. Changes to the service fee will not affect any booking made prior to the effective date of the change.
Except as stated otherwise expressly in writing by Pyx in its sole approval, all payments made are final and non-refundable and the Subject shall not have the right to cancel its purchase for any reason. If you make payment by credit card or any other payment instrument, you represent and warrant to the company that such information is true and you are authorized to use said payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the company the final amount specified on the site for Photographer fees and in accordance with the terms of such fees and purchases, and this “Terms of Service”.
Pyx will facilitate bi-monthly payment (on the 1st and 15th of each month) to a Photographer’s nominated bank account the total photographer fees accrued for the photographer services provided to a Subject by such Photographer during the preceding payment period, less any fee payable to Pyx for referring the Subject(s) to such Photographer as set forth in the terms provided to Photographers at the time of their onboarding (“Pyx fees”). Pyx has sole discretion to act on behalf of the Subject, and not pay photographer fees if the Subject reports that the photography services were not provided or adequately completed. This may include but is not limited to circumstances where a Photographer did not arrive for a booking or photos were of insufficient quality for use. Pyx will independently review such cases, seeking input from the Subject and/ or the Photographer in its sole discretion, and may decide to issue a refund to the Subject.
Each Photographer agrees to appoint Pyx as the Photographer’s limited payment collection agent solely for the purpose of accepting the Photographer’s fees from the Subject. Each User agrees that payment of photography fees in respect of a Photographer by a Subject to Pyx, as that Photographer’s limited payment collection agent, shall be considered the same as a payment made directly by that Subject to the relevant Photographer and that the Photographer shall provide the relevant photography Services to the Subject, as outlined on our site, as if the Photographer had received the payment directly. Pyx, as a limited payment collection agent for the Photographer, agrees to facilitate the payment of any Photographer fees for photography Services provided, on a bi-monthly basis unless otherwise agreed to between the Photographer and Pyx. In the event that Pyx does not remit such amounts, the Photographer will have recourse only against Pyx.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/ or use that is illegal or prohibited by Pyx. Pyx reserves the right to investigate and take appropriate legal action against anyone who, in Pyx’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting said Photographer/ User to the appropriate law enforcement agencies. You agree not to use Pyx Services to:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Pyx, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Pyx from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Pyx, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software. Any rights not expressly granted herein are reserved for Pyx.
The Pyx name and logos are trademarks and service marks of Pyx (collectively, “Pyx Trademarks”). Other Pyx product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Pyx. Nothing in these Terms of Service should be construed as granting, by implication, or otherwise any license or right to use any of Pyx’s trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Pyx’s trademarks will inure to our exclusive benefit.
Photographers assign Photograph IP (defined below) in the Photograph Content (defined below) created for a particular booking and Subject, to Pyx. Once the booking transaction is complete, Pyx transfers the Photograph IP in purchased prints to the Subject to facilitate a seamless transaction between a Photographer and a Subject. Photographer acknowledges and agrees that the photographs, digital negatives, camera RAW files, other original data files pertaining to the photos and images produced as a result of the photography services for a Subject as a result of a booking (“Photograph Content”) contain content or features that are protected by copyright, trademark, trade secret or other proprietary rights and laws (“Photograph IP”). Photographer hereby assigns (and agrees to assign) all Photograph Content and the Photograph IP and all related intellectual property and proprietary rights to Pyx. Upon full receipt of all applicable photographer fees, Pyx agrees to assign, transfer and convey to the Subject the Photograph Content and associated Photograph IP contained in Purchased Prints. For clarity, Photograph Content and Photograph IP that is not paid for in full by the Subject, remains the property of Pyx.
Subjects hereby grant Pyx a non-exclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to use, copy, display and distribute the Photograph Content and associated Photograph IP for marketing and advertising purposes. Pyx will inform Subjects if it intends to use photos in this way, to provide an opportunity for any reasonable objections to be taken into consideration. Photographers may request that Pyx provide a limited intellectual property license for the purpose of using photos in the Photographer’s portfolio of work or for any other purposes by seeking prior written consent from both Pyx and the relevant Subject.
Under no circumstances will Pyx be liable in any way for content or materials of any third parties (including Users), including but not limited to; for any errors or omissions of content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Pyx does not pre-screen content, but that Pyx and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that violates these Terms of Service or is deemed by Pyx in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of any content.
With respect to the content or other materials you upload through the Service or share with other Users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant Pyx and its affiliated companies a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, if any form, medium or technology now known or later developed.
Subjects may rate a Photographer and their Photography Services (“Photography Rating”), and Photographers may rate a Subject (“Subject Rating”), in each case using the multidimensional rating system provided by the Service. Subjects may also provide written feedback to Pyx regarding Photographers and their photography services purchased by the Subject. You may only leave a rating or submit a review once the photography services have been provided for the related booking. Pyx reserves the right to remove a review at any time, in its sole discretion. A Subject must provide true, fair and accurate information in their review.
You acknowledge and agree that any rating, review, questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”) provided by you to Pyx are non-confidential and Pyx will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you. Pyx’s rights to such submissions includes, but is not limited to, creating an aggregate rating from the Ratings it receives and showing Users such aggregated ratings.
You acknowledge and agree that Pyx may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks and/ or devices.
Pyx may work with authorized third-party partners (“Partners”) to permit such partners to refer Subjects to Pyx through Pyx’s online enterprise portal (or otherwise), and Partners may elect to subsidize these shoots to give Subjects a discount on photography services, photo editing services, or other services (a “Subsidy”).
In accordance with all applicable law, Pyx has adopted a policy of terminating, in appropriate circumstances (as determined solely by Pyx) and at Pyx’s sole discretion, Users who are deemed to be repeat violators of stated policies and processes. Pyx may also at its sole discretion, limit access to the Service and/ or terminate the membership of any User who infringe any intellectual property right of others, whether or not if it is a repeat infringement.
The Service may provide, or third parties may provide, links or access to other sites and resources. Pyx has no control over such acts and Pyx is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Pyx will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or Services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Pyx is not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify and hold Pyx, and if you are a Photographer, hold Subjects, their affiliates and officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable lawyers’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such indemnitee.
Your use of the Service is at your sole risk. The Service is provided on an “As Is” and “As Available” basis. Pyx expressly disclaims all warranties of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Pyx makes no warranty that
You expressly understand and agree that Pyx will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Pyx has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from
You agree that Pyx, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including and without limitation, for lack of use or if Pyx believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Pyx may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provisions of this Terms of Service may be effected without prior notice, and acknowledge and agree that Pyx may immediately deactivate or delete your account and all related information and files in your account and/ or bar any further access to such files or the Service. Further, you agree that Pyx will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other User in connection with the Service and Pyx will have no responsibility with respect thereto. Pyx reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Service.