These Terms of Service ("Terms") are a legally binding agreement between you and ClickIt Studio ("ClickIt", "we", "us", "our"), governing your access to and use of the ClickIt mobile application (the "App"). By creating an account, you accept these Terms in full. If you do not agree, you must not use the App.
1. Definitions
- "Customer" means a user who books a photography session through the App.
- "Photographer" means a user who lists themselves and offers photography services through the App, whether as an "Amateur" or "Professional".
- "Booking" means a confirmed session arranged between a Customer and a Photographer through the App.
- "Platform Fee" means the percentage of a Booking's value retained by ClickIt, currently 15%.
2. Nature of the service; intermediary status
ClickIt operates a technology platform that enables Customers to discover, book, and pay Photographers for photography services performed in person. ClickIt is not a photography studio and does not itself provide photography services. In respect of the booking-related communications, listings, and content hosted through the App, ClickIt functions as an "intermediary" within the meaning of Section 2(1)(w) of the Information Technology Act, 2000, and avails of the safe-harbour protections under Section 79 of that Act, subject to compliance with the due diligence requirements of the IT Rules, 2021. In respect of facilitating the sale of photography services for consideration, ClickIt is also an "e-commerce entity" operating a "marketplace model" as defined under the Consumer Protection (E-Commerce) Rules, 2020, and these Terms are framed accordingly.
3. Eligibility and accounts
- You must be at least 18 years old and capable of entering into a binding contract under the Indian Contract Act, 1872 to use ClickIt.
- You are responsible for the accuracy of your account information and for keeping your login credentials secure.
- An account is either a Customer account or a Photographer account at any given time; you may switch between them from Settings, subject to any conditions we impose to protect the integrity of the platform (for example, clearing dues or ratings history where applicable).
4. Bookings, pricing, and payment
- Prices are computed specifically for the selected Photographer and session length, and are displayed before payment is taken — the amount shown is the amount charged, in compliance with the price-transparency requirements of the Consumer Protection (E-Commerce) Rules, 2020.
- Depending on availability (which ClickIt may enable or disable at its discretion), a Customer may pay the full session price upfront, or a smaller advance with the remaining balance payable directly to the Photographer at the session.
- A Platform Fee (currently 15%) is retained from the Photographer's earnings on every completed Booking.
- Promotional codes, where offered, are subject to the terms shown at the time of use and may be restricted to certain Photographer categories.
- Explicit, affirmative consent (not by way of a pre-ticked box) is obtained before payment is taken, as required under the Consumer Protection (E-Commerce) Rules, 2020.
5. Payment Aggregator disclosure
All payments are processed by Razorpay Software Private Limited, a Payment Aggregator authorised by the Reserve Bank of India under its directions on the Regulation of Payment Aggregators and Payment Gateways. Funds collected from Customers are held in a nodal/escrow account maintained by Razorpay with a scheduled commercial bank, separate from ClickIt's own operating funds, and are settled in accordance with RBI's prescribed timelines. ClickIt does not directly custody Customer payment funds at any point.
6. Cancellations and refunds
- Customer-initiated cancellation (advance bookings): where the Customer has paid only an advance to reserve the session, that advance is non-refundable and is not returned if the Customer cancels, regardless of how much notice is given. The advance is consideration for reserving the Photographer's time and removing that slot from availability. This is disclosed to the Customer on the payment screen before payment is made. The balance for such a Booking is never collected by ClickIt — it is paid by the Customer directly to the Photographer at the session — so no balance amount is withheld or refundable.
- Customer-initiated cancellation (bookings paid in full): where the Customer has paid the full session amount to ClickIt, refunds are made on a tiered basis depending on notice given before the session — a full refund with sufficient notice, a partial refund with less notice, and no refund if cancelled very close to the session. The Platform Fee component is not refundable in this case, as it compensates ClickIt for services already rendered in facilitating the Booking.
- Photographer-initiated cancellation: the Customer receives a full refund, regardless of timing. No cancellation charge is levied on the Customer in this case, consistent with the Consumer Protection (E-Commerce) Rules, 2020.
- Refunds are processed to the original payment method through Razorpay within the timelines prescribed by RBI.
7. Photographer reliability & fair-play policy
To keep the marketplace trustworthy, a Photographer's earnings on future Bookings may be reduced, and their account may be temporarily suspended, following repeated Photographer-caused cancellations or unanswered booking requests. This never changes what a Customer is charged or refunded. These effects are automatically reduced or cleared as the Photographer completes further Bookings without incident, as described in-app. A consistently low rating backed by a meaningful number of reviews may not be cleared in the same automatic way, as it reflects an assessment of service quality rather than a scheduling lapse.
8. Photographer relationship; aggregator obligations
A Photographer is an independent contractor providing services on their own account, and is not an employee, agent, worker, or partner of ClickIt. Nothing in these Terms creates an employer-employee relationship. Photographers are solely responsible for their own tax obligations, and, where applicable, for goods and services tax (GST) registration and compliance in respect of the services they supply.
ClickIt recognises that, in its capacity as a "digital intermediary connecting buyers and sellers of services", it may fall within the definition of an "aggregator" under the Code on Social Security, 2020, in respect of Photographers who qualify as platform/gig workers under that Code. [ClickIt to confirm, with counsel, its registration and contribution obligations — including any required contribution to the Social Security Fund for gig and platform workers — under the Code on Social Security, 2020 and its rules, before public launch.]
9. Photographer payouts
Photographers may request payout of a completed, fully-prepaid Booking's earnings by submitting their email address, phone number, and UPI ID. Payouts are processed manually by ClickIt. By submitting a payout request, you confirm that the details provided are accurate and belong to you, and you authorise ClickIt to use them solely for the purpose of remitting your earnings.
10. Conduct, safety, and in-person meetings
- ClickIt facilitates a Booking between two people who then meet in person for the session. You are responsible for exercising your own judgment and caution when meeting anyone arranged through the App.
- ClickIt provides an in-app safety (SOS) feature as a supplementary aid; it is not a substitute for contacting police (100/112), medical (108), or other local emergency services directly.
- You must not: harass, threaten, or defraud another user; provide false or misleading information; attempt to arrange or complete payment for a Booking outside the App to avoid the Platform Fee; or use the App for any unlawful purpose. Violation may result in suspension or termination under Section 17.
11. Content, portfolios, and intellectual property
Photographers are solely responsible for ensuring they hold the necessary rights to any portfolio images they upload or import (including from a connected Instagram account), and that such content does not infringe the intellectual property, privacy, or other rights of any third party. By uploading content, you grant ClickIt a non-exclusive, royalty-free licence to host and display it within the App for the purpose of operating the marketplace. ClickIt's own trademarks, branding, and the App's underlying software remain our exclusive property.
12. Ratings, reviews, and disputes
Customers and Photographers may rate each other after a session. If either party believes a completed Booking was not handled properly, they may file a dispute for ClickIt's team to review, including the relevant chat history, and make a determination. ClickIt's decision on a dispute is made in good faith but does not affect either party's independent legal rights and remedies.
13. Grievance redressal
Complaints regarding the App, a Booking, or these Terms may be directed to our Grievance Officer, whose details are published in our Privacy Policy. In accordance with the Consumer Protection (E-Commerce) Rules, 2020, complaints are acknowledged within 48 hours and, save in exceptional circumstances, resolved within one month of receipt.
14. Disclaimers and limitation of liability
The App is provided on an "as is" and "as available" basis. ClickIt does not guarantee the quality, timeliness, safety, or outcome of any photography session, which is performed by an independent Photographer and not by ClickIt. To the maximum extent permitted by applicable law, ClickIt's aggregate liability arising out of or relating to your use of the App, however arising, shall not exceed the value of the relevant Booking giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under Indian law, including liability for fraud or wilful default.
15. Indemnification
You agree to indemnify and hold ClickIt harmless from any claim, loss, or liability (including reasonable legal costs) arising out of your breach of these Terms, your violation of any law, or your infringement of any third-party right, including in connection with content you upload or conduct during an in-person session.
16. Force majeure
ClickIt shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disaster, government action, internet or telecommunications failures, or failures of third-party service providers such as Razorpay, Firebase, or Google.
17. Suspension and termination
We may suspend or terminate an account that violates these Terms, engages in fraudulent activity, or poses a safety risk to other users, with or without prior notice depending on the severity of the conduct. You may stop using the App and delete your account at any time. Provisions which by their nature should survive termination (including Sections 14, 15, and 18) will continue to apply.
18. Governing law and dispute resolution
These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall first be attempted to be resolved amicably through the grievance mechanism in Section 13. Failing amicable resolution within 30 days, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, conducted by a sole arbitrator appointed by mutual agreement (or, failing agreement, in accordance with that Act), seated in Bengaluru, India, in the English language. This clause does not prevent either party from seeking interim relief from a competent court, or a consumer from approaching the appropriate consumer forum under the Consumer Protection Act, 2019. Subject to the foregoing, the courts at Bengaluru shall have exclusive jurisdiction.
19. General provisions
- Severability: if any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: failure to enforce any provision is not a waiver of our right to do so later.
- Assignment: you may not assign your rights under these Terms without our consent; ClickIt may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and ClickIt regarding the App.
- Notices: we may provide notices to you via the App, email, or push notification.
20. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified in-app or by updating the effective date above; continued use of ClickIt after an update constitutes acceptance of the revised Terms.
21. Contact us
Questions about these Terms can be sent to therealdrbw@gmail.com.
See also our Privacy Policy, which explains what information we collect and how it's used.