TERMS AND CONDITIONS
1. SERVICES
- Xeroframe provides a platform that allows users to arrange and schedule various photography and videography services with independent third-party service providers (“Vendors”). The platform facilitates the transfer of payments to Vendors for their services and collects payments on behalf of the Vendors.
- The services rendered by Vendors are referred to as “Photography Services” and “Videography Services.” Xeroframe does not provide these services directly and is not responsible for their provision. Vendors are solely liable and responsible for the Photography Services and Videography Services they offer through the platform. Xeroframe does not employ Vendors, and Vendors are not agents, contractors, or partners of Xeroframe.
- The platform is intended for personal and commercial use. By accessing and using the platform, you agree to comply with the terms and conditions stated herein. Please note that the platform is intended for use within the specified geographic region(s) as determined by Xeroframe.
- The services provided by Xeroframe are offered under its own brand and may be extended to include additional services or brands owned or licensed by Xeroframe and its affiliates.
- As part of the services, Xeroframe may send you communication via text messages, emails, or other means for booking updates, service utilization, promotions, support, and marketing. You may have the option to opt out of receiving these communications, but it may impact Xeroframe’s ability to provide certain services to you.
- In certain instances, you may be required to provide identification proof to avail of the services. Failure to comply with this request may result in the inability to use the services.
- Xeroframe may offer promotional codes or credits (“Xeroframe Credits”) that can be redeemed for discounts or benefits related to the services. The use of Xeroframe Credits is subject to additional terms and conditions specified for each promotional code. Xeroframe reserves the right to disable or expire Xeroframe Credits and withhold or deduct credits obtained through their use if any misuse, fraudulent activity, or violation of applicable terms is detected.
2. ACCOUNT CREATION
- To access and use the services, you must create an account on the Xeroframe platform (“Account”). During the account creation process, you will be required to provide certain details, including your personal information. You must be at least 18 years of age to create an Account.
- You warrant that all information provided during the account creation process is accurate and true. It is your responsibility to promptly update your account information in case of any changes or modifications.
- You are solely responsible for maintaining the security and confidentiality of your Account. You agree to immediately notify Xeroframe of any unauthorized access or use of your Account or any other breach of security.
- You are responsible for all activities that occur through your Account, including activities performed by individuals other than yourself. Xeroframe shall not be liable for any unauthorized access to your Account.
- By creating an Account, you consent to receive communications from Xeroframe regarding payment requests, information about the services, promotional offers, and other relevant matters related to the services.
3. USER CONTENT
- The Xeroframe platform may include interactive features or services that allow users to post, upload, publish, display, transmit, or submit comments, reviews, suggestions, feedback, ideas, or other content (“User Content”).
- As part of the service quality control, Xeroframe may request reviews from you about Vendors, and Vendors may provide reviews about you. You must provide truthful and accurate information in your reviews. Xeroframe will use these reviews for quality control purposes and to determine the suitability of users on the platform. Xeroframe reserves the right to cancel your registration and remove you from the platform if you are deemed an inappropriate user based on our sole discretion.
- By submitting User Content, you grant Xeroframe a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of the User Content for the functioning of the services and advertising and promotional purposes related to the services. This license includes the right to use User Content as evidence before a court or competent authority as required by applicable laws.
- By accepting these terms, you waive any claims arising from moral rights or similar rights relating to the User Content in connection with the licenses granted under this clause.
- Xeroframe reserves the right, without notice, to remove or restrict access to User Content that violates these terms or is deemed inappropriate, according to Xeroframe’s sole discretion.
5. Bookings
- Placing Orders: Begin your journey on Xeroframe by exploring our wide range of services. Utilize our user-friendly platform to search and discover talented service providers that align with your specific requirements. Once you’ve found the perfect match, proceed to make a booking by following the instructions provided. Please ensure that you provide accurate and complete information to facilitate a smooth booking process. We will make every effort to connect & confirm your booking with the selected vendor for your requested service at your preferred time, based on availability. In the rare instance that we are unable to get the booking confirmed with the vendor for your requested timeslot, we will proactively reach out to discuss alternative options. Please note that this confirmation does not require any payment at this stage.
- Confirmation Process: After you submit a booking request, our team will review the details and confirm the availability of the vendor for your chosen service. You will receive a confirmation notification through SMS, email, or push notification, confirming that your booking has been successfully registered.
- Payment Options: Once your booking is confirmed, we provide you with a secure and convenient payment gateway to facilitate the financial aspect of your transaction. You have two options for payment:
- Partial Payment: You can make a partial payment of 10% at the time of booking, with the remaining amount to be paid directly to the vendor at the time of service.
- Complete Online Payment: Alternatively, you have the option to complete the full payment online, utilizing various payment methods such as EMI or Pay Later. This allows you to conveniently manage your payment upfront, providing you with peace of mind.
- Payment Confirmation: Once your payment is processed, a payment confirmation notification will be sent to both you and the vendor. This ensures transparency and accountability throughout the transaction process.
- Service Delivery: On the scheduled date and time, the vendor will provide the agreed-upon service to you. They will utilize their expertise, professional equipment, and creativity to deliver an exceptional experience that meets your expectations.
- f) Remaining Payment (If Applicable): If there is any remaining payment due after the service is rendered, it will be collected by the vendor as per the agreed-upon terms and conditions on the day of service. This will be communicated to you in advance, allowing for a smooth and hassle-free payment process.
- Delivery of Materials: After the promised period of time, either the vendor or Xeroframe will deliver all the photography and videography-related materials to you. This may include digital files, prints, albums, or any other agreed-upon deliverables. We take utmost care to ensure the safe and timely delivery of these materials, allowing you to cherish your memories.
- Feedback and Review: Your satisfaction is of utmost importance to us. We encourage you to provide feedback and leave a review about your experience with the vendor and the overall service provided by Xeroframe. Your valuable feedback helps us maintain and enhance the quality of our services.
We are committed to ensuring a seamless and enjoyable booking experience for our valued customers. If you have any further questions or require assistance, please do not hesitate to reach out to our dedicated support team. We are here to help you every step of the way on your journey with Xeroframe.
6. PRICING, FEES, AND PAYMENT TERMS
- Xeroframe reserves the right to charge you for the services you avail of and any other facilities you may opt for on or via the platform.
- Charges and Fees for Services:
- For the services you request through the platform, you will be required to pay the vendors the amount indicated at the time of booking, as well as any additional charges for extra services, out-of-pocket expenses incurred by the vendors, and expenses related to the purchase of goods, transportation, stay, food etc. required for the service (“Charges”). In addition to the Charges payable to the vendors, Xeroframe may charge you a convenience fee for facilitating the booking and transferring payments to the vendors (referred to as “Fees”). Please note that the final bill you receive may include additional charges such as a safety fee, warranty fee, insurance fee, or vendor welfare fee.
- Xeroframe will notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you can make payments for services through credit cards, debit cards, net banking, wallets, and UPI. Xeroframe reserves the right to modify and restrict the available payment methods. Please be aware that certain payment methods, such as cash upon completion, may not always be available. If you choose the “cash upon completion” method, you acknowledge that you will be required to pay both Charges and Fees to the vendors.
- The Charges and Fees may be payable at the time of booking or upon the completion of the service, as specified by Xeroframe.
- It is important to note that the Charges are payable to the vendors, and Xeroframe acts as a limited collection agent on behalf of the vendors to collect and transfer the amounts due to them.
- Taxes: All Charges and Fees are inclusive of applicable taxes.
- Xeroframe reserves the right to reasonably amend the Charges and Fees at any time at its sole discretion. Any changes in Fees will not affect bookings that have been confirmed before the revised Fees are published on the platform.
- Charges and Fees paid by you are final and non-refundable unless otherwise determined by Xeroframe or required by applicable laws. Under certain circumstances, you may be entitled to a refund or other remedies for a failure in the provision of the services.
- You acknowledge and agree that Charges and Fees may significantly increase during times of high demand in certain geographical areas. Xeroframe will make reasonable efforts to inform you of the applicable Charges and Fees. However, by using the services, you will be responsible for the Charges and Fees incurred under your account, regardless of your awareness of such Charges or Fees.
- Payment Processors: We may utilize a third-party payment processor (“Payment Processor”) to bill you through your selected payment method. The processing of payments will be subject to the terms and policies of the Payment Processor, in addition to these Terms. Xeroframe shall not be liable for any errors made by the Payment Processor. In the event of an unsuccessful payment, any debited funds will be credited in accordance with the terms of the Payment Processor.
- Cancellation: You have the option to cancel your request for services from a vendor at any time before the vendor’s arrival. In such cases, you may be charged a cancellation fee in accordance with Xeroframe’s cancellation policy. Xeroframe reserves the right to charge you or deduct applicable taxes for such cancellation fees.
- Cancellation and Rescheduling:
- Cancellation within 24 hours of booking: If you decide to cancel your booking within 24 hours of making it, the advance booking payment will be refunded in accordance with our cancellation policy.
- Cancellation after 24 hours: In the event of cancellation beyond the 24-hour window, no refund will be provided. Please refer to our cancellation policy for further details.
- Rescheduling: If you need to reschedule your booking, please contact Xeroframe directly. We will make every effort to accommodate your request, subject to the availability of the vendor. Rescheduling can be done without any additional cost to you.
- Subscriptions: Xeroframe may occasionally offer subscription packages for a fee, providing customers with additional benefits such as discounted services. These subscription packages are subject to additional terms and conditions that will be deemed an integral part of these Terms.
- Xeroframe does not designate any portion of your payment as a tip or gratuity to the vendor. Any suggestion by Xeroframe that tipping is “voluntary,” “not required,” or “included” in the payments you make for services is not intended to imply that Xeroframe provides any additional payments to vendors. While you are free to provide additional payment as a gratuity to any vendor who provides you with services, you are under no obligation to do so. Gratuities are voluntary.
7. CUSTOMER CONDUCT
- Xeroframe prohibits discrimination against vendors, including on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable law. Discrimination includes refusing to accept services based on any of these characteristics.
- We expect you to treat all vendors with courtesy and respect and to provide them with a safe, clean, and appropriate location to perform their services. Vendors have the right to refuse to provide services if they have not provided a safe, clean, and appropriate location or if you behave in a discourteous, disrespectful, abusive, or otherwise inappropriate manner towards them. We reserve the right to restrict your access to the services if you behave towards any vendor in a manner that is discourteous, disrespectful, abusive, or otherwise inappropriate or unlawful, at our sole discretion.
- You are responsible for any acts of discrimination against vendors or for failing to provide them with a safe, clean, and appropriate location to perform their services. You are also required to disclose any information that may affect the ability of the vendor to perform the services or impact their health, safety, or well-being to Xeroframe and the vendor.
- (d) If a vendor behaves in a discourteous, disrespectful, abusive, inappropriate, or unlawful manner, you are required to report the incident to [grievanceofficer@xeroframe.com](mailto:grievanceofficer@xeroframe.com) within 48 hours of the incident.
8. THIRD-PARTY SERVICES
- The platform may include services, content, documents, and information provided by third parties (“Third Party Services”) and may contain links to Third Party Services. You understand and acknowledge that Third Party Services are the sole responsibility of the third party that created or provided them, and your use of such Third-Party Services is at your own risk.
- We make no representations and exclude all warranties and liabilities related to Third Party Services, including their accuracy or completeness. If you choose to use a Third-Party Service, you will be subject to the terms and conditions and privacy policy of the third party providing the service. All intellectual property rights in and to Third Party Services are owned by the respective third parties.
9. YOUR RESPONSIBILITIES
- You represent and warrant that all information you provide in relation to the services is accurate, complete, and true, and you agree to promptly update any changes to the information. Xeroframe is not responsible for any loss or damage you may incur due to incorrect, incomplete, inaccurate, or misleading information provided by you.
- You agree to cooperate with Xeroframe in defending any proceedings that may arise from your breach of obligations under these Terms.
- Regarding user-generated content, you represent and warrant that:
- You own or have the necessary permissions to provide the content and grant the licenses under these Terms.
- You are solely responsible for all activities that occur on your account and all user-generated content.
- The content does not violate any other agreements you have.
- The content does not violate any intellectual property rights or other proprietary rights of any person or entity.
- The content does not contain viruses, corrupted data, or other harmful files or content.
- The content does not violate any third-party rights.
- The content does not belong to anyone else without the necessary rights, does not threaten national security, or public order, or violate any laws, and is not offensive or objectionable.
- You shall only use the services as expressly permitted in these Terms. You shall not:
- Infringe on any proprietary rights of any party.
- Copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create derivative works from, or license the services.
- Transmit any harmful computer code or software.
- Use any automated device or process to monitor or copy the services.
- Engage in systematic retrieval of content from the services.
- Use the services unlawfully or for fraudulent or malicious activities.
- Decompile, reverse engineer, or disassemble the services.
- Violate applicable laws.
- You shall not interfere with or disrupt the services.
- You shall not attempt to gain unauthorized access to the services or any associated systems or networks.
- You shall not directly or indirectly solicit, influence, engage, approach, or encourage Service Professionals to terminate their engagement with the platform or to provide services independently outside of the platform. This restriction is in place to protect the privacy and security of Service Professionals. It does not prevent you from obtaining similar services through the platform or other means.
10. OUR INTELLECTUAL PROPERTY
- We own all rights, titles, and interests in the Services, including all intellectual property rights associated with them. You are granted a limited license to use the Services in accordance with these Terms and our instructions. Any rights not explicitly granted are reserved by us or our licensors.
- We may request you to provide feedback and suggestions regarding the Services (“Feedback”). We have the right to use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment, acknowledgement, or restriction based on your intellectual property rights.
- These Terms do not grant you any rights or licenses to our or any third party’s intellectual property rights, except as expressly stated in these Terms.
11. Term and Termination
- These Terms shall remain in effect unless terminated in accordance with the terms provided herein.
- Xeroframe may, at its sole discretion, restrict, suspend, or terminate your access to the Services, in whole or in part, immediately and without prior notice, if:
- You violate or breach any of the obligations, responsibilities, or covenants stated in these Terms.
- Your use of the Services poses a risk to the security, integrity, or availability of the Services or Xeroframe’s systems.
- You engage in fraudulent, illegal, or unauthorized activities through the Services.
- Xeroframe is required to do so by law, regulation, or legal authority.
- You may terminate these Terms at any time by discontinuing your use of the Services and notifying Xeroframe in writing.
- Upon termination of these Terms:
- Your access to the Services will be deactivated.
- These Terms shall no longer be in effect, except for provisions that are expressly or implicitly intended to survive termination or expiration.
12. DISCLAIMERS AND WARRANTIES
- The Services provided by Xeroframe are provided on an “as is” basis without any warranty of any kind, whether express, implied, statutory, or otherwise. This includes but is not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Xeroframe does not guarantee that the Services will meet your requirements or expectations.
- Any advice or information, whether oral or written, obtained from Xeroframe shall not create any warranty that is not expressly stated in these Terms.
- While Xeroframe strives to provide accurate information about its services and pricing, pricing errors may occur from time to time.
- You acknowledge and agree that Xeroframe is a Platform that connects you with service professionals, and Xeroframe shall not be liable for any obligations that are not explicitly stated in these Terms. Xeroframe is not liable or responsible for the fulfilment of any bookings, the performance of the services by service professionals, or for any acts or omissions of the service professionals during the provision of the services, including any damage they may cause to property. By booking services through the Platform, you enter into a contract with the relevant service professional, and Xeroframe accepts no responsibility or liability, nor makes any warranty, representation, or guarantee regarding the service professional’s performance under that contract.
- You acknowledge and agree that soliciting or receiving services from any service professional independently is done at your own risk, and in such an event, you waive any rights that you may have under these Terms.
- Xeroframe does not guarantee or warrant the reliability, quality, or suitability of the service professionals.
- You accept full responsibility for any consequences that may arise from your use of the Services and expressly agree that Xeroframe shall have no liability in this regard.
- Xeroframe will maintain a complaints management framework and will manage it in a reasonable manner on behalf of service professionals, in accordance with applicable laws.
- To the fullest extent permitted by law, Xeroframe, its affiliates, and related parties disclaim all liability for any loss or damage arising from:
- Your use of inability to use, or availability or unavailability of the Services.
- Any defects, interruptions, or delays in the operation or transmission of information to, from, or through the Services.
- Communications failure, theft, destruction, or unauthorized access to Xeroframe’s records, programs, services, servers, or other infrastructure related to the Services.
- The failure of the Services to remain operational for any period of time.
- The loss of any user content and other data in connection with your use of the Services.
- In no event shall Xeroframe, its officers, directors, employees, contractors, agents, licensors, partners, or suppliers be liable to you for any direct, special, indirect, incidental, consequential, punitive, reliance, or exemplary damages, including but not limited to lost business opportunities, lost revenues, loss of anticipated profits, or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including any abuse or breach of data. This applies to claims arising from:
- These Terms.
- The Services or the service professionals.
- Your use or inability to use the Services or the service professionals.
- Any other interactions with another user of the Services.
- Xeroframe’s liability, to the extent permitted by law, shall be limited to the amount of commission received in respect of a particular booking made on the Platform. In no event shall Xeroframe’s total liability to you in connection with these Terms exceed INR 5000 [Rupees five thousand].
- Nothing in these Terms will exclude or limit any warranty implied by law if it would be unlawful to do so.
13. INDEMNITY
You agree to indemnify, defend (at our option), and hold Xeroframe, its parent companies, subsidiaries, affiliates, and its officers, employees, directors, agents, and representatives harmless from and against any claim, demand, lawsuits, judicial proceedings, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees) arising out of or related to:
- Your access to the Services or use of the Services or service professionals.
- Violation of these Terms by you.
- Any violation of these Terms by any third party who may use your account.
You shall bear the responsibility for any such claims and shall provide full cooperation in any defence or settlement of such claims at your own expense. Xeroframe reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you shall cooperate with Xeroframe in asserting any available defences.
14. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
- These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of these Terms, or the use of the Services shall be subject to the exclusive jurisdiction of the courts in New Delhi, India.
- Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved through arbitration in New Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed by Xeroframe. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential and not disclose it to any person, except on a need-to-know basis or to legal advisors, unless required by law. The decision of the arbitrator shall be final and binding on all parties involved. Each party to the arbitration shall bear its own costs associated with the arbitration proceedings.
15. GRIEVANCE REDRESSAL
- If you have any complaints or queries regarding the Services or these Terms, you may contact our designated Grievance Redressal Officer. You can reach out to the Grievance Redressal Officer through registered post or email using the contact details provided below:
- Name: Anand Tiwari
- Designation:
- Email Address: anandtiwari@xeroframe.com
- We will make reasonable efforts to resolve your complaint within the timelines prescribed by applicable laws.
16. MISCELLANEOUS PROVISIONS
- Changes to Terms: The Terms may be revised by us at any time, and such changes will be effective immediately upon being posted on the Platform. It is your responsibility to review these Terms periodically for any updates or modifications. By continuing to use the Platform after changes have been posted, you will be deemed to have accepted the revised Terms.
- Modification to the Services: We reserve the right to add, modify, or discontinue the Services, either temporarily or permanently, with or without cause, at any time. We shall not be liable for any addition, modification, suspension, or discontinuation of the Services.
- Severability: If any provision of these Terms is found to be unlawful or unenforceable by a court or competent authority, the remaining provisions will remain in effect. If any unlawful or unenforceable provision could be lawful or enforceable if part of it is deleted, the part in question will be deemed to be deleted, and the rest of the provision will continue to be valid (unless the deletion contradicts the clear intention of the clause, in which case the entire provision will be deemed deleted).
- Assignment: You are not permitted to license, sell, transfer, or assign your rights, obligations, or covenants under these Terms, or your Account, without obtaining our prior written consent. We reserve the right to grant or withhold consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, parent companies, any successor in the interest of any business associated with the Services, or any third party without prior notice to you.
- Notices: All notices, requests, demands, and determinations to be made by you under these Terms (except routine operational communications) shall be sent to legal@xeroframe.com.
- Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
- Force Majeure: We shall not be liable to you if we are unable to perform our obligations or carry out our business due to acts, events, omissions, or accidents beyond our reasonable control. Such events may include, but are not limited to, strikes, utility service or telecommunications network failures, acts of God, war, riots, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.