License & Access
We grant you a limited, revocable license to access and make personal use of the Site(s). Any use of the Site(s) or its content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein. Moreover, you are not permitted to:
Reproduce, duplicate, copy, sell or otherwise exploit the Site or any image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, copyright or other content ("Site Content") for any purpose, except as expressly provided; By using the Sites, you expressly agree to pay a fine of R800 per incident for any unauthorized use of our content, at the sole discretion of By Bhavika. Use of a robot, spider or data mining or extraction tool or any other process to monitor, extract or copy Site(s) Content (except in the operation or use of internet "search engines," hit counters or similar technology which By Bhavika has expressly agreed to, in writing);
Use any meta tags, search terms, key terms, or the like that contain the Sites' name or trademarks used on the Site(s);
Engage in any activity that interferes with the Site(s) or another user’s information or use of the website;
Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site(s) and the products and services offered on the Site(s); or
Assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.
You acknowledge that:
The content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site(s) are the property of Bhavika Vanmalli (By Bhavika Photography, By Bhavika Print Shop and all it's sub-domains) and are protected by copyrights, trademarks, service marks or other proprietary rights and laws.
If you give feedback to us regarding the Site(s), for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Site(s) without compensation to you.
We reserve all rights in and to the Site(s) unless we expressly state otherwise.
Privacy Laws
Please be aware that you are sending information to international servers for which our servers are located in the sense of regulations applying to personal data, in particular Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter the “GDPR”) and the Protection of Personal Information Act (Act 4 of 2013) (“POPI Act”).
If you are visiting the Site(s) from outside South Africa, please be aware that you are sending information to international servers for which our servers are located. Information you submit may then be transferred within South Africa or back out of South Africa to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including South Africa) may not necessarily have data protection laws as comprehensive protective as your country of residence; however, my collection, storage, and use of your data will at all times continue to be governed by our Privacy Policy.
If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to info@bybhavikaphotography.com. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.
Policy with Minors
You confirm that:
You are eighteen (18) years of age or older. We reserve the right to refuse service, terminate your right to access or use the Site(s), remove, or edit content, or cancel orders in our sole discretion.
Data Accuracy
You represent that all of the information, data, and other materials you provide on the Site(s) or to By Bhavika through any other means are true, accurate, current, and complete. You are responsible for updating and correcting the information you have provided on this Site or any of the Site(s), as appropriate.
Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
Personal Information Policy
This aim of this privacy charter is to provide you with clear, simple, and complete information about how we process the personal data you give us or the data we may collect while you are browsing our website, how it may be transferred to third parties and your rights and options to control your personal information and protect your privacy.
For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”). By Bhavika also subscribes to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy, and confidentiality of Personal Information in our possession. Please read our Privacy Policy here.
We may obtain personal information about you from various sources, including this and other By Bhavika websites, mobile applications, when you call or email us or communicate with us through social media. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties. The types of personal information we may obtain include:
Your contact information (such as name, social handle, postal and email address, or phone number); Contact information of friends or other people you would like us to contact; Shipping information (including the shipping address and phone number); Demographic information (such as age, date of birth and gender); Information you provide by interacting with us through social media, including, but not limited to photographs. Location information, such as the real-time geographic location of the device on which you access our Site(s)/applications. Shopping behaviour and preferences, and a record of the purchases you make on our websites; Other details that you may submit to us or that may be included in the information provided to us by third parties.
Links
The Site(s) may contain links to other websites or resources that are operated by third parties not affiliated with By Bhavika. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked websites or resources. Different terms and conditions and policies may apply to your use of any linked sites or resources. By Bhavika is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked website or resource.
Indemnification
You will indemnify and hold Bhavika and any of the Site(s) harmless from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Bhavika and such parties, and shall defend Bhavika and such parties against any and all claims arising out of (1) your breach of these Terms and Conditions; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable South African foreign law or the rights of a third party. Bhavika will control the defence of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Bhavika.
Policy Changes
We may modify this Privacy Policy from time to time. Any modifications will be effective immediately when we post them. You are responsible for reviewing any modified terms. Continued use of the Website(s) will be deemed to constitute acceptance to any changes of these Terms and Conditions.
Disclaimer & Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, OR REQUIRED BY APPLICABLE LAW, BY BHAVIKA MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF BY BHAVIKA MEMBERSHIP, ANY CONTENT ON THE SITE(S), OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH BY BHAVIKA SITE(S), AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BY BHAVIKA DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
SOME OF THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE(S) ARE PROVIDED BY INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF BY BHAVIKA. BY BHAVIKA IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER BY BHAVIKA NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THIS SITE; (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THIS SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BY BHAVIKA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER BY BHAVIKA NOR ITS LICENSORS, SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH BY BHAVIKA IS TO DISCONTINUE YOUR USE OF THE SITE.
Your Comments & Concerns
This website(s) is operated by Bhavika Vanmalli of By Bhavika Photography, By Bhavika Print Shop, and its sub-domains. All other feedback, comments, requests for technical support and other communications relating to the Site(s) should be directed to: info@bybhavikaphotography.com