I. INTRODUCTION
1. IndiaEvents.com.com website ("Website") is an internet
based event ticketing portal owned and operated by Dyot, Inc. ("Company"
or "Us" or "We"), a company incorporated
under the laws of United States of America (USA), with its registered offices
at Delaware, USA.
2.
Through the Website,
the Company shall provide the ticket purchaser ("User" or
"You") event-related information, pricing, availability and
reservations for ticket for various events including music concerts, plays,
sports events, etc., across cities throughout United States of America (USA)
("Service"), as more particularly described and defined in the
terms of service relating to such Service. This Service may be availed by the
User, their family members and friends in United States of America (USA) at any
time during the year through various organizers ("Organizer").
TERMS AND CONDITIONS FOR USER
1.
The Useris required to
read and accept all of the terms and conditions laid down in this Terms and
Conditions (“Terms” or “Agreement”) and the linked
Privacy Policy, before you use the applications, websites, content, products,
and services (“Services”)made available to you by the Company on the
Website.
2.
The Company provides
the Services to the User subject to the Terms.
3.
All information
accessed or viewed by the User is considered confidential and is for only
authorized personnel or business purposes.
4.
These Terms are
effective upon acceptance and governs the relationship between the User and the
Company and also includes its affiliates and subsidiaries, jointly and
severally) and also the use of the Website. If the Terms conflict with any
other document, the Terms will prevail for the purposes of usage of the
Website. If the User does not agree to be bound by these Terms and the Privacy
Policy, the User will not be permitted to use the Website in any way.
5.
For the Terms that
apply to you and your use of the Services as an Organizer, please see Organizer
Terms.
I. ACCEPTANCE OF TERMS
1.
The Website is the
property of the Company and/or its subsidiaries. By linking, referencing, using
or accessing the Website, the User agrees to these Terms, including agreeing to
indemnify and hold harmless the Company from all claims of any nature arising
from the access and use of these websites by the User. These Terms may be
changed at any time at the sole discretion of the Company. These Terms pertain
to all Websites of the Company, including websites owned, operated or sponsored
by any of the subsidiaries or affiliates of the Company.
2.
Please read these
Terms carefully. These Terms, as modified or amended from time to time, are a
binding contract between the Company and the User. If the User visits, uses, or
operates at the Website (or any future site operated by the Company), the User
accepts these Terms. In addition, when the User uses any current or future
Services of the Company or visits or uses any of the Services affiliated with
the Company, the User will also be subject to the guidelines and conditions
applicable to such Service.
3.
The Website takes no
responsibility for the services that are provided by any third party vendors.
4.
The Company reserves
the right to make any changes to the Terms and/or our Privacy Policy as may be
deemed necessary or desirable without prior notification to the User. If the
Company makes changes to the Terms and Privacy Policy and the User continues to
use the Website, the User is impliedly agreeing to the revised Terms and
Privacy Policy expressed herein.
II. MODIFIED TERMS
The Company reserves the right at all times to
discontinue or modify any of its Terms and/or the Privacy Policy as may be
deemed necessary or desirable without prior notification to the User. Such
changes may include, among other things, the adding of certain fees or charges.
Further, if the Company makes any changes to the Terms and Privacy Policy and
the User continues to use the Website, the User is impliedly agreeing to the
Terms and Privacy Policy expressed therein. Any such changes, deletions or modifications
shall be effective immediately upon the Company’s posting thereof. Any use of
the Website by the User after such notice shall be deemed to constitute
acceptance by the User of such modifications.
III. TERMS OF USE
1.
These Terms sets forth
the terms and conditions that apply to the use of the Website by the User. By
using this Website, the User agrees to comply with all the Terms hereof.
2.
The right to use the
Website is personal to the User and is not transferable to any other person or
entity.
3.
The User acknowledges
that, although the internet is often a secure environment, sometimes there are
interruptions in service or events that are beyond the control of the Company,
and the Company shall not be responsible for any data lost while transmitting
information on the internet. The User understands and acknowledges that due to
the circumstances both within and outside the control of the Company, access to
the Website may be interrupted, suspended or terminated from time to time. The
Company shall have the right at any time to change or discontinue any aspect or
feature of the Website, including, but not limited to, content, hours of
availability and equipment needed for access or use. Further, the Company shall
also have the right to discontinue disseminating any portion of information or
change any category of information or eliminate any transmission method and may
change transmission speeds or other signal characteristics.
4.
The Company reserves
the right, in its sole discretion and without any obligation, to make
improvements to, or correct any error or omissions in any portion of the
Service or the Website.
5.
Links to third party
sites are provided by web site as a convenience to the User and the Company
does not have any control over the content and resources provided by such
websites. They do not signify that we endorse the website(s). The Company has
no responsibility for the content of the linked website(s).
6.
The primary
ticket/pass holder (name mentioned on it) should be present along with the ID
proof to gain entry into the venue; failure to produce an ID proof will result
in denial of entry to the venue.
7.
The User will only be
issued a receipt for the money that you pay to the company at the time of
registration for an event.
8.
The Company and Organizers
reserve the rights of frisk and restrict entry.
9.
The Company do not
take responsibility for the loss or theft of any personal belongings at the
event venue or on the way of reaching event venue.
10. In case any tickets/passes are found to be
tampered, the organizers reserve the right to refuse entry. Tampering of
tickets/passes will strictly not be tolerated.
11. To avoid inconvenience, please reach the venue
1 hour prior to entry time.
12. The Company reserves the right at any time to,
and from time to time may, modify, suspend or discontinue, temporarily or
permanently, the Services (or any part thereof) for any reason or no reason
with or without notice. The Company will not be responsible to the User for a
refund, in whole or part, for any reason unless indicated by the Organizer. You
agree that the Company shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Services.
IV. REFUNDS
1.
The Company does not
set refund policies on behalf of the Organizers. It is the responsibility of
the Organizer to communicate its refund policy to User and to issue refunds in
accordance therewith. Consequently, User's requests for refunds should be
directed to the respective Organizer and in no event shall be directed to the
Company. Any refund-related issues or disputes shall be strictly between the
User and the Organizer; the Company shall not be liable for any refund-related
claims in connection with event Services; and the Organizer hereby agrees to
indemnify, defend, and hold harmless the Company in connection therewith.
2.
In the event, an event
is cancelled or postponed by the Organizer for whatever reason, the Company
will attempt to refund the amount as per the policy of the organizer.
3.
In case of any *Event
Cancellations/Event Postpone, full refunds will be initiated only upon on the
organizer's confirmation (conditions varies for different events).
4.
Any *Ticket
Cancellation Requests/Refund Requests raised by the customers/end users will be
considered only upon the organizer's confirmation and for the same, Payment
Gateway Charges (3.99% + Taxes) will be deducted from the paid ticket amount,
depending upon the organizer's terms set for the event (conditions varies for
different events).
5.
In case of Event
Cancellation/postpone, the Booking Fees will not be refunded.
V. WARANTIES AND LIABILITES
1.
THE COMPANY HAS
ENDEAVOURED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT
THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE
QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA OR INFORMATION CONTAINED. THE
COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE AND/OR
ITS CONTENTS AND DISCLAIMS ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
AND WARRANTIES OF MERCHANTABILITY IN RESPECT OF SERVICES, INCLUDING ANY
LIABILITY, RESPONSIBILITY OR ANY OTHER CLAIM, WHATSOEVER, IN RESPECT OF ANY
LOSS, WHETHER DIRECT OR CONSEQUENTIAL, TO ANY USER OR ANY OTHER PERSON, ARISING
OUT OF OR FROM THE USE OF THE INFORMATION CONTAINED IN THE WEBSITE.
2.
The Company acts only
as a booking agent, it shall not have any liability whatsoever for any aspect
of the arrangements between the Organizer and the User as regards the standards
of services provided by the Organizer. In no circumstances shall the Company be
liable for the services provided by the Organizer.
3.
The Company shall make
reasonable commercial efforts to ensure that the description and content on
each page of the Website is correct, it does not, however, take responsibility
for changes that occurred due to human or data entry errors or for any loss or
damages suffered by any User due to any information contained herein. Also, the
Company is not the service provider / Organizer and cannot therefore control or
prevent changes in the published descriptions which are based upon information
provided by the Organizer and/or published by the Organizer.
4.
The Company does not
endorse any advertiser on its website in any manner. The User is requested to
verify the accuracy of all information on their own before undertaking any
reliance on such information.
5.
In no event shall the
Company be liable for any direct, indirect, punitive, incidental, special,
consequential damages or any other damages resulting from: (a) the use or the
inability to use the Services; (b) the cost of procurement of substitute goods and
services or resulting from any goods, information or services purchased or
obtained or messages received or transactions entered into through the
Services; (c) unauthorized access to or alteration of the user's transmissions
or data; (d) any other matter relating to the services; including, without
limitation, damages for loss of use, data or profits, arising out of or in any
way connected with the use or performance of the Website.
6.
Neither shall the
Company be responsible for the delay or inability to use the Website or related
services, the provision of or failure to provide services, or for any
information, software, products, services and related graphics obtained through
the website, or otherwise arising out of the use of the website, whether based
on contract, tort, negligence, strict liability or otherwise.
7.
Further, the Company
shall not be held responsible for non-availability of the Website during
periodic maintenance operations or any unplanned suspension of access to the
Website that may occur due to technical reasons or for any reason beyond the
Company's control. The User understands and agrees that any material and/or
data downloaded or otherwise obtained through the Website is done entirely at
their own discretion and risk and they will be solely responsible for any
damage to their computer systems or loss of data that results from the download
of such material and/or data. These limitations, disclaimer of warranties and
exclusions apply without regard to whether the damages arise from (a) breach of
contract, (b) breach of warranty, (c) negligence, or (d) any other cause of
action, to the extent such exclusion and limitations are not prohibited by
applicable law. The maximum liability on part of the Company arising under any
circumstances, in respect of any services offered on the Website, shall be limited
to the refund of total amount received from the User for availing the services
less any cancellation, refund or others charges, as may be applicable. In no
case the liability shall include any consequential loss, damage or additional
expense whatsoever.
8.
IN CONSIDERATION OF
BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE THE
COMPANY, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES
(WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES,
LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD
PARTIES (INCLUDING OTHER ORGANIZERS, USERS, AND OTHER NON-ORGANIZERS) IN
CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR
EVENT.
VI. PAYMENT
The Company reserves the right to charge
listing fees for certain listings, as well as transaction fees based on certain
completed transactions using the Services. The Company further reserves the
right to alter any and all fees from time to time, without notice. The User
shall be liable to pay all applicable charges, fees, duties, taxes, levies and
assessments for availing the Services.
VII. USE OF COMMUNICATION SERVICES
1.
The Website may
contain services such as email, chat, bulletin board services, information
related to recommendations, news groups, forums, communities, personal web
pages, calendars, and/or other message (hereinafter collectively referred to as
"Communication Services"). The User agrees and undertakes to use the
Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. The User
agrees and undertakes that when using a Communication Service, the User shall
not:
a.
defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights of others;
b.
upload files that
contain software or other material protected by intellectual property laws
unless the User owns or controls the rights thereto or have received all
necessary consents;
c.
upload or distribute
files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of the Website or another's computer;
d.
advertise or offer to
sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages;
e.
conduct or forward
surveys, contests, pyramid schemes or chain letters;
f.
download any file
posted by another user of a Communication Service that the User know, or
reasonably should know, cannot be legally distributed in such manner;
g.
falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded;
h.
violate any code of
conduct or other guidelines, which may be applicable for or to any particular
Communication Service;
i.
violate any applicable
laws or regulations for the time being in force in or outside United States of
America (USA); and
j.
violate any of the
terms and conditions of this Agreement or any other terms and conditions for
the use of the Website contained elsewhere herein.
2.
The Company has no
obligation to monitor the Communication Services. However, the Company reserves
the right to review materials posted through Communication Service and to
remove any materials in its sole discretion. The Company reserves the right to
terminate the User's access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
3.
The Company reserves
the right at all times to disclose any information as is necessary to satisfy
or comply with any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in the Company's sole discretion.
VIII. TERMINATION / ACCESS RESTRICTION
1.
The Company reserves
the right, in its sole discretion, to terminate the access to the Website and
the related services or any portion thereof at any time, without notice.
Without limiting the foregoing, the Company shall have the right to immediately
terminate any passwords or accounts of the User in the event of any conduct by
the User which the Company, in its sole discretion, considers to be
unacceptable, or in the event of any breach by the User of this Agreement.
Notwithstanding any other provisions of the Terms, or any general legal
principles to the contrary, any provision of the Terms that imposes or
contemplates continuing obligations on a party will survive the expiration or
termination of the Terms.
2.
It is agreed by the
User that most of the content and some of the features on the web site are made
available to the User free of charge. However, the Company reserves the right
to terminate access to certain areas or features of the Website at any time for
any reason, with or without notice. The Company also reserves the universal
right to deny access to particular Users to any/all of its Services without any
prior notice/explanation in order to protect the interests of the Company
and/or other visitors to the Website. The Company reserves the right to limit,
deny or create different access to the Website and its features with respect to
different Users or to change any of the features or introduce new features
without prior notice.
IX. INTELLECTUAL PROPERTY RIGHTS
1.
The Company may
provide the User with content such as sound, photographs, graphics, video or
other material contained in sponsor advertisements or information. This
material may be protected by copyrights, trademarks or other intellectual
property rights and laws. The User may use this material only as expressly
authorized by the Company and shall not copy, transmit or create derivative
works of such material without express authorization from the Company.
2.
The Company is the
sole owner or lawful licensee of all the rights to the website and its content.
"Website Content" shall mean its design, layout, text, images,
graphics, sound, video etc. The Website Content embodies trade secrets and
intellectual property rights protected under worldwide copyright and other
laws. All title, ownership and intellectual property rights in the Website
Content shall remain with the Company, its affiliates or licensor's of the
Company's content, as the case may be.
3.
All rights, not
otherwise claimed under this Agreement are hereby reserved. The information
contained in this Website is intended, solely to provide general information
for the personal use of the User who accepts full responsibility for its use.
The Company does not represent or endorse the accuracy or reliability of any
information, or advertisements contained on, distributed through, or linked,
downloaded or accessed from any of the Services contained on this web site, or
the quality of any products, information or other materials displayed, or
obtained by the User as a result of an advertisement or any other information
or offer in or in connection with the Services.
4.
The User acknowledges
and agrees that they shall not upload, post, reproduce or distribute any
content on or through the Website that is protected by copyright or other
proprietary right of a third party, without obtaining the permission of the
owner of such right. Any copyrighted or other proprietary content distributed
on or through the Website with the consent of the owner must contain the
appropriate copyright or other proprietary rights notice. The unauthorized
submission or distribution of copyrighted or other proprietary content is
illegal and could subject the User to personal liability or criminal
prosecution.
5.
The Company does not
have any express burden or responsibility to provide the User with indications,
markings or anything else that may aid the User in determining whether the
material in question is copyrighted or trademarked.
6.
All related icons and
logos are registered trademarks or trademarks or service marks of the Company
in various jurisdictions and are protected under applicable copyright,
Trademark and other proprietary rights laws. The unauthorized copying,
modification, use or publication of these marks is strictly prohibited.
7.
The trademarks, logos
and service marks ("Marks") displayed on the Websiteare the property
of the Company and other respective persons. The User is prohibited from using
any Marks for any purpose including, but not limited to use as metatags on
other pages or sites on the World Wide Web without the written permission of
the Company or such third party which may own the Marks.
8.
Trademarks that are
located within or on the Website or a website otherwise owned or operated in
conjunction with the Company shall not be deemed to be in the public domain but
rather the exclusive property of the Company, unless such site is under license
from the trademark owner thereof, in which case such license is for the
exclusive benefit and use of the Company, unless otherwise stated.
9.
All information and
content including any software programs available on or through the Website
including the Website Content is protected by copyright. The User is prohibited
from modifying, copying, distributing, transmitting, displaying, publishing, selling,
licensing, creating derivative works or using any Website Content available on
or through the Website for commercial or public purposes.
10. The Website contains copyrighted material,
trademarks, trade secrets,patents, and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music,
sound, and the entire contents of the Company protected by copyright as a
collective work under the applicable copyright laws.
11. The Company owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the
content original to it.
12. In addition, use of the Website Content for
any purpose not expressly permitted in this Agreement is prohibited and may
invite legal action. As a condition of the User's access to and use of the
Services, the User agrees not to use the Website Services to infringe the
intellectual property rights of others in any way. The Company reserves the
right to terminate the account of the User upon any infringement of the rights
of others in conjunction with use of the Company's Service, or if the Company
believes that the User's conduct is harmful to the interests of the Company,
its affiliates, or other users, or for any other reason in the Company's sole
discretion, with or without cause.
13. The Company reserves the right to remove from
the Website any content that is alleged to infringe someone's copyright.
14. The User acknowledges that he/she/it does not
acquire any ownership rights by downloading copyrighted material.
X. PROHIBITION OF UNLAWFUL USE
As a condition of the use of the Website, the
User warrants that they will not use the Website for any purpose that is
unlawful or illegal under any law for the time being in force within or outside
United States of America (USA) or prohibited by the Terms including both
specific and implied. In addition, the Website shall not be used in any manner,
which could damage, disable, overburden or impair it or interfere with any
other party's use and/or enjoyment of the Website. The User shall refrain from
obtaining or attempting to obtain any materials or information through any
means not intentionally made available or provided for or through the Website.
XI. MISCELLANEOUS
1.
If any of these
conditions are deemed invalid, void, or for any reason unenforceable, the
parties agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the unenforceable condition shall
be deemed severable and shall not affect the validity and enforceability of any
remaining condition.
2.
The Terms and the
relationship between the User and the Company will be governed by the laws as
applicable in United States of America (USA).
3.
Any disputes will be
handled in the competent courts of Delaware, United States of America (USA).
The failure of the Company to act with respect to a breach by the User or
others does not waive its right to act with respect to subsequent or similar
breaches.
4.
Except as otherwise,
expressly provided in these Terms, there shall be no third-party beneficiaries
to the same. These Terms constitute the entire agreement between the User and
the Company and governs the User's use of the Site, superseding any prior agreements
between the User and the Company with respect to the Website.
5.
Provisions related to
liability, indemnification, disclaimers of warranties, intellectual property
protections, and protection of Website Content shall survive termination of
this agreement.
If you have any questions about
events/registration/passes/tickets, please ContactUs