These terms and conditions govern your use of Social Pix-e Marketing Platform (hereinafter referred to as "SPMP") under www.socialpixe.com which is owned & operated by Enhance Tech Labs thru website, selfie kiosk, mobile apps and or any other medium. By using SPMP, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use SPMP at all.

You must be at least Thirteen [13] years of age to use SPMP. By using this SPMP and by agreeing to these terms and conditions you warrant and represent that you are at least Thirteen [13] years of age.

1. Definitions

Parties include:

  • Guest/ visitors/ any person, who click/ take their photos/ videos and share their data using SPMP
  • Our clients, any individual person/ company/ non-profits who use SPMP system to take photos/ videos of guests/ customers/ any person / works/ artworks and publish on social media and/ or gather information from guest and
  • Enhance Tech Labs, the owner & provider of SPMP

2. Payment & Refund Mechanism

  1. Any individual person/ company/ non-profits who use Social Pix-e marketing platform as a marketing platform shall pay the subscription charges through bank transactions only using online payment gateway from the www.socialpixe.com website.

  2. If we fail to fulfil any service commitment, we shall refund the entire amount for that specific service. The refund process shall be initiated only after, the issue is brought to our notice through an email, addressed to accounts@socialpixe.com by the Social Pix-e account owner. We shall verify the refund claim and if genuine, shall initiate the refund process immediately through the same online payment mode. The entire refund process may take approx. 20 - 30 working days. However, Social Pix-e or its parent company shall not in any event be liable for economic loss in any form, such as indirect or consequential loss or damage, loss of profits or earnings, punitive or special damages however caused, or for any loss to purchasers and other third parties to the others. The decision on refunds by Social Pix-e shall be at its sole discretion, which shall be final and binding.

  3. Before purchasing Social Pix-e subscription and/ or using Social Pix-e platform, the clients/ guests are cautioned and advised to verify and ascertain that they are not in violation of any local, bilateral or international laws. No refunds shall be made on such grounds and Social Pix-e or its parent company shall not be liable for any contingencies arising due to this.

  4. As we offer a NO OBLIGATION 7 days FREE trial of our services, we encourage you to explore all the features carefully and check compatibility of the actual device (Windows 10 PC kiosk / Android mobile / IOS mobile) which you wish to use, during this FREE trial period. You can select the right plan and purchase the number of app subscriptions as per your requirement, anytime during or after the 7 days free trial period. Once the purchase has been made, there shall be no refund.

3. Types of interface

  1. Frontend in the form of selfie kiosk, mobile apps enabled device(s) and or any other medium, which has a camera, a touchscreen and is connected to internet &
  2. Backend in the form of our website which has the Dashboard where our clients shall have access to manage, schedule, control campaigns, check reports on guest data & social media channel analytics & insights on the performance of the posts (each branded photo/ video published is an individual post) published using SPMP on client’s Social media channel.

4. Procedure (SPMP)

Using SPMP frontend devices (Selfie Kiosk, mobile devices or any other medium) any individual person/Company/ non-profits can click branded photos/ videos, which then gets published on client’s social media channel. The persons whose photo/ video along with other information is captured, shall get an automated email along with the URL of his/ her branded photo/ video which got published on client's social media channel.

At the backend clients use Social Pix-e web based dashboard as an important interface between the clients and their Social Pix-e frontend devices, empowering them to manage, control & update each device remotely from anywhere in the world. Using the dashboard, clients can manage their campaigns + get guests data + social media key performance metrics for your social media channel and for all Social Pix-e posts and much more…

5. Front End Disclaimer

When the user chooses to capture photos/ videos, share other information and publish them, they agree to our Terms & Conditions and that, they have read the Privacy Policy and allowed us (royalty free, non-exclusive, worldwide, sub-licensable, transferable license rights) to lifetime unlimited use of their photos/ videos / user generated content (including guest data & their feedback) for Marketing & Promotions purpose on various online & offline media channels.

6. License to use SPMP

Unless otherwise stated, Enhance Tech Labs and/or its licensors own the intellectual property rights in the Social Pix-e marketing platform and material on the website & mobile application. Subject to the license below, all these intellectual property rights are reserved.

You may only view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • Republish material from this SPMP except when using Social Pix-e API;
  • Sell, rent or sub-license material from the SPMP;
  • Edit or otherwise modify any material on the SPMP; or
  • Redistribute material from this SPMP except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use SPMP in any way that causes, or may cause, damage to the SPMP or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Use of SPMP by clients (any individual person/company/ govt./ non-profits) shall be at their sole discretion and responsibility. Anyone using SPMP are cautioned and advised to verify and ascertain that they are not in violation of any local, bilateral or international laws. SPMP is just a marketing platform which clients use for marketing purpose. Any misuse/ abuse of SPMP marketing platform by clients/ guests shall be at their own risk and responsibility.

Clients use SPMP as a marketing tool hence, after guest clicks his/ her photo/ video, enter their details and publishes it, it become the sole responsibility of the clients (any individual person/company/ non-profits) who use SPMP to ensure how the photos/ videos & data are being used. The clients shall also ensure & and prevent any misuse/ abuse of all such content.

All the direct clients expressly accept that, while using SPMP for their sub clients/ visitors or anybody in access to SPMP within their control (account of direct client) that the direct client, shall be solely responsible for all the posts published on social media channels, all the guest data & survey report data generated from the campaigns using SPMP. Any illegal/ unlawful/ derogatory/ obscene post or misuse of data shall be solely the responsibility of the direct client and the direct client shall indemnify SPMP or their clients/ visitors or anybody from any legal action taken in that aspect.

You must not use SPMP to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to SPMP without SPMP's express written consent.

You must not use SPMP to transmit or send unsolicited commercial communications.

You must not use SPMP for any purposes related to marketing without SPMP's express written consent.

Restricted access

Access to certain areas of SPMP is restricted. SPMP reserves the right to restrict access to other areas of this website, or indeed this entire website, at SPMP's discretion.

SPMP provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. SPMP shall in no way be responsible for your user ID and password after it has been shared with you and that, you shall safely keep it and share with only the stake holders. Any damage to SPMP and/ or to your SPMP account because of loss of user ID & password shall be solely your responsibility.

SPMP may disable your user ID and password at SPMP's sole discretion without notice or explanation if any terms are violated.

User Generated Content

In these terms and conditions, “User Generated Content” means any material (including without limitation text, images, audio material, video material and audio-visual material) that Guest/ any individual person/Company/ non-profits generate using SPMP, for whatever purpose.

You grant to SPMP a lifetime, worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute user generated content & data in any existing or future media. You also grant to SPMP the right to sub-license these rights, and the right to bring an action for infringement of these rights.

It is the sole responsibility of the SPMP user to ensure that, the user generated content is not illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or SPMP or a third party (in each case under any applicable law). The content should in no way cause any harm to anyone in any manner and/ or hurt anyone’s sentiments.

SPMP user must not submit any user content using SPMP that is or has ever been the subject of any threat or actual legal proceedings or other similar complaint.

SPMP reserves the right to edit or remove any material submitted to SPMP, or stored on SPMP's servers, or hosted or published upon this website.

Notwithstanding SPMP's rights under these terms and conditions in relation to user content, SPMP does not undertake to monitor the submissions of such content to, or the publication of such content on, the client’s social media channel.

All content generated & published using SPMP, is the sole responsibility of the SPMP users.

Limitations of liability

SPMP will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the use of SPMP:

  • To the extent that the website is provided, for any direct loss;
  • For any indirect, special or consequential loss; or
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if SPMP has been expressly advised of the potential loss.

SPMP platform is connected to & dependent on social media channels for exchange of data hence, any changes made in their Privacy Policy and/ or Terms of Use and/ or Algorithm shall have direct impact on SPMP platform & performance. SPMP shall in no way be responsible for any such impact.

Reasonableness

By using SPMP, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this SPMP.

Other parties

You accept that, as a limited liability entity, SPMP has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SPMP's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SPMP's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SPMP.

Unenforceable provisions

If any provision SPMP disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby confirm to indemnify SPMP and undertake to keep SPMP indemnified against any losses, damages, costs, liabilities and expenses (including without limitation to the legal expenses and any amounts paid by SPMP to a third party in settlement of a claim or dispute on the advice of SPMP's legal advisers) incurred or suffered by SPMP arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to SPMP's other rights under these terms and conditions, if you breach these terms and conditions in any way, SPMP may take such action as SPMP deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

SPMP may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to all SPMP users from the date of the publication of the revised Terms of Use on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

SPMP may transfer, sub-contract or otherwise deal with SPMP's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and SPMP in relation to your use of SPMP, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with GOVERNING LAWS OF INDIA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of NEW DELHI (INDIA).