Phaloo is an online service designed exclusively for working professional photographers. The complete
Phaloo experience is accessible to registered users only. The Site will allow the User a simple and easy to
navigate shopping experience, with integrated cloud services for custom designing product, online
proofing and image storage. These services are linked through an innovative client centric database.
(i) Users warrant that they are at least 13 years of age; that all information submitted is
truthful; they will not reprint, republish, modify or distribute the Site in any form without
the express written consent of Phaloo; that they will respect the intellectual property rights
of Phaloo; that they will not portray Phaloo, its services and products in a false, malicious,
inaccurate or misleading manner.
(ii) Phaloo may perform maintenance to the Site or experience problems related to the services
offered which may in turn result in service disruption, errors or service delays. We will use
all reasonable attempts to provide notice of any such problems but cannot guarantee that
such notice will be provided in a timely manner or at all.
(iii) When you sign up for a subscription, you will be asked to provide a username and a
password. You agree not to use the account, username or password of another subscriber.
You are solely responsible for all use of your account.
(iv) When you upload content onto the Site, you warrant that you have the right to publish and
use and otherwise deal with the content. You further warrant that you are not infringing or
improperly or illegally using the intellectual property of any other person or persons,
including those that may appear in the content. You will indemnity Phaloo from any claims
damages or expenses that may result.
(v) Phaloo offers different levels of services and it is the responsibility of the User to be
informed of these various services and also to be informed of the Terms and Conditions.
(vi) Users agree that it is their responsibility to maintain back-up copies of all content provided
to the Site and that Phaloo will not be responsible or liable for any loss of content in the
form of images, information or other data.
(i) A valid credit card is required for paying accounts.
(ii) Only VISA or Mastercard will be accepted for payment.
(iii) Your subscription must be paid in advance and you will be billed on a monthly basis. Your
monthly billing is not refundable.
(iv) You can cancel your subscription at any time; otherwise we will renew your current
subscription automatically and charge your credit card.
(v) Once your account is cancelled, public access to your Content will end.
(vi) Any increase in the subscription price upon upgrading will be prorated based on the time
remaining in your current billing cycle and immediately charged upon upgrading. Thereafter,
your new subscription price will be charged on your next billing cycle. For clarity your billing
cycle will not change.
(vii) There will be no refunds to partial months of service, or upgrade or downgrade refunds.
(viii) Your credit card will automatically be charged the new rate on your next billing cycle for any
upgrade or downgrade in subscription level.
(ix) If you choose to downgrade your subscription level, you may lose content and other
features of your account. Phaloo shall not be held responsible for any such loss.
(x) Phaloo reserves the right to change its Subscription Plans upon prior notice.
Invalid Credit Card
If a User’s credit card is rejected on the billing date, Phaloo will send a notice that the current billing
period is unpaid.
The User will not have access to the Content in its file and will only have access to the Administration
Page until such time that the account is paid. If payment remains outstanding for 21 days or more, the
User’s account will be considered to be abandoned and thereafter immediately cancelled. Upon
cancellation of the account the User will lose the Content in its file. Deleted Content cannot be
Renewal of Subscription
Phaloo will renew each User’s subscription automatically at the expiration of each billing period.
Terminations and Cancellation
(i) Phaloo, may in its sole discretion, terminate your rights as a User if you are found to be in
breach of any Terms and Conditions.
(ii) If you choose to cancel your subscription, the public access to your Content File will terminate
and all your content will be deleted immediately. Once your account is cancelled, your content
cannot be recovered.
(iii) Phaloo maintains the right to alter, modify or discontinue the Site for any reason whatsoever,
and will not be held liable to any User, party or other third person.
(iv) If you cancel your subscription, your cancellation will take effect immediately. There will be no
refund for the current billing period, but you will not be charged again. Phaloo will not be
obligated to refund the balance of the fee for the billing period.
(i) Phaloo reserves the right to refuse or remove any materials form the Site in its sole discretion.
(ii) Users agree not to transmit any materials that violate any law or regulation or which may
infringe on the rights of any third party; or which may be deemed to be defamatory or obscene;
or which may be deemed to be pornographic in nature.
(iii) Phaloo will not be held liable or responsible to monitor the legality of any material transmitted
by any parties to the Site.
(iv) All Users and third parties agree not to copy or to otherwise modify the Site.
(v) Users shall be prohibited from selling, assigning, leasing or transferring their rights to their
Phaloo Subscription Account.
(vi) Phaloo is a registered trademark and Users and related parties are strictly prohibited from
duplicating, copying, reusing or passing off the trademark and the Phaloo name as their own
without the express written permission from Phaloo.
Intellectual Property Rights
(i) Phaloo will not be held responsible to determine the copyright status of any materials
transmitted to the Site, and shall be saved harmless in the event that any copyright
infringement has occurred.
(ii) Phaloo is not responsible to ensure that any persons depicted in photographs on the Site have
consented to their images being displayed on the Site.
(iii) All users shall be deemed to own the copyrights to any photographs and materials transmitted
to the site.
(iv) Phaloo does not grant any Intellectual Property Rights to the Site to any User or third party.
Warranty, Disclaimer and Limitations of Liability
(i) The Site with all related activities is provided by Phaloo “as is”. Phaloo makes no
representations or warranties of any kind whatsoever including any warranties of title,
fitness, merchantability or non infringement for any particular purpose. Phaloo makes no
warranties and cannot guarantee that the service will be error free, timely, uninterrupted,
secure, and reliable. Furthermore Phaloo does not warrant that the Site and related services
will be free of viruses.
(ii) Users and third parties assume the risk as to quality and performance and use of the Site
and Site related services.
(iii) Users and third parties agree that Phaloo and its affiliates will not be held responsible or
liable for any losses or damages whether direct, indirect, incidental or consequential,
however caused arising directly or indirectly from use of the Site or related services. The
losses or damages shall include, but not be limited to loss of profit, revenue, goodwill, future
loss of profit, property, equipment, cost of replacement goods or services.
Relationship of Parties
Phaloo and its Users are independent contractors. Nothing in these Terms and Conditions will create any
partnership, agency arrangement, joint venture, representative or employment relationship. Users shall
be prohibited from making or accepting any offers on behalf of Phaloo or its related companies.
Users agree to pay Phaloo all reasonable expenses that may be incurred to collect any outstanding sum
that is owed to Phaloo.
If any of the Terms or Conditions are deemed to be invalid, void or unenforceable that Condition shall be
deemed to be severable and such unenforceability shall not affect the validity and enforceability of all
other terms and conditions.
(i) These Terms and Conditions constitute the entire agreement between Phaloo and the User
relating to the Site, and all Users shall be subject to these Terms and Conditions. Phaloo may
amend the Terms and Conditions from time to time and such amendments shall be posted
on the Site. It is the responsibility of the User to check the Terms and Conditions for any
amendments, changes or periodic updates.
(ii) Failure or delay to enforce any provisions in these Terms and Conditions by Phaloo shall not
be deemed to be a waiver of any such provision with respect to the breach.
Governing Law and Jurisdiction
(i) These Terms and Conditions shall be governed by the laws of the Province of Ontario,
(ii) Users agree and consent to the exclusive jurisdiction of the courts in the Regional
Municipality of Hamilton-Wentworth, Ontario, Canada.