PLEASE READ THESE TERMS AND CONDITIONS (THE “AGREEMENT”) CAREFULLY AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND Shaandaar.in.
By accessing, browsing and/or otherwise using Shaandaar.in, you represent and warrant that you are over the age of eighteen; and have read, understood and agreed to be bound by these terms and conditions. If you do not agree to all of these terms and conditions, do not access, browse and/or use this Site. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Shaandaar.in for violations of this Agreement. These terms and conditions apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with Shaandaar.in, unless otherwise directed by Shaandaar.in. If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site. A breach of this Agreement may subject you to civil and criminal liability, including monetary damages.
You agree to the following:
- You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site.
- You will provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on our site (“Registration Data”).
- You will maintain the security of your password and identification.
- You will maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete.
- You accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
- USER CONTENT AND INTERACTIVE AREAS
- Our site includes interactive areas (“Interactive Areas”) in which you or other users may post, link, store or otherwise make available certain information, text and/or other materials (“User Content”). You are solely responsible for your use of the Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable (as determined in our reasonable discretion);
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would any local, state, national law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce your User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information; and
- User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or our Site.
We take no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations, User Content or Third Party Content (as defined below) provided by users in any public forum or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, we reserve the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on our site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing, any User Content you post or store on our Site, at your sole cost and expense. We do not own the User Content you post to our Site, but in posting User Content to our site, you grant us a nonexclusive, royalty-free and fully sublicense right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on or in connection with our Site.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Shaandaar.in Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force
THIRD PARTY CONSENT
We provide third party content on our site and provide links to sites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and we make no representation or warrantees of any kind regarding the Third Party Content or it’s accuracy.
GUEST LIST ACCESS
Shaandaar.in provides guest list reservations for certain events. In order to utilize the guest list reservations, you must provide your accurate name to us so the nightclub’s staff can verify your ID to access the nightclub. Every nightclub has different admission policies–including but not limited to–dress code, gender ratio, as well as guest list closing time. Signing up for a guest list via Shaandaar.in DOES NOT ensure the user access the nightclub. Nightclubs reserve the right to decline admission for failure to comply with the nightclub’s admission policies, or if the club is at capacity. Guest lists are owned and operated by each individual nightlife venue, Shaandaar.in is not responsible for the terms and service of the venue’s guest list. It remains within the discretion of each individual nightlife venue of whether you are allowed entry into the venue and Shaandaar.in is not involved with that decision.
If you have issues with your ticket, please contact us at firstname.lastname@example.org .
You are granted a right to create a text hyperlink to our site for noncommercial purposes, provided such link does not portray us or our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Shaandaar.in trademark, logo or other proprietary information, including the images found at our site, the content of any text or the layout/design of any page or form contained on a page on our site without our express written consent. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from our site or sites linking to our site.
THIRD PARTY PRODUCTS AND SERVICES
We may run advertisements and promotions from third parties on our website or may otherwise provide information about or links to third-party products or services on our website. Your business dealings or correspondence with or participation in promotions of such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Shaandaar.in advertisers or third party information on our site.
INTELLECTUAL PROPERTY RIGHTS
(a) All information, Content, services and software displayed on, transmitted through, or used in connection with the Shaandaar.in Platform, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Shaandaar.in Platform, and solely for your personal, non-commercial use. (b) You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Shaandaar.in Platform, not to insert any code or product or manipulate the Content of the Shaandaar.in Platform in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
Transactions on the Event Platform are secure and protected. Any information entered by the User when transacting on the Shaandaar.in Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Platform in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Platform.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us. Ø You hereby certify that you are at least 18 years of age. Ø You hereby agree to provide genuine credentials during the process of registration for the Platform. You shall not use a fictitious indentity to register. Ø You agree that any Content posted by shall be unbaised and objective. You must also ensure that your contributions to the Website are relevant and appropriate to the Website. You alone are responsible for Your Content. Ø You agree not to publicize other User’s private information without their consent. Such private information shall include but not be limited to close-up photos or videos, other User’s full names and address. Ø You agree to ensure the email address and mobile number provided in your account registration is valid at all times and shall keep your contact information accurate and up-todate. Ø You agree that you are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Ø You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the the Shaandaar.in Platform, including, without limitation to, any usage rules set forth in this Agreement. Ø You agree that all Service Contracts between any Customer and Organiser shall name Shaandaar.in as an express third party beneficiary under the Service Contract (but not as a party to that agreement). Ø You agree to make no representations or warranties or enter into any contracts on behalf of Shaandaar.in. Customer and Organiser may agree to additional terms in their Service Contract materially different than the standard terms; however, nothing in such Service Contract will in any way limit or modify Shaandaar.in’s rights.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: – your use of our site, the Site Materials, the Interactive Areas and/or our services; – your conduct; – your violation of these site terms or your violation of the rights of any third party; or – any User Content.
Unless otherwise expressly set forth in writing, our site, the site materials, the third party content, the user content, any hyperlinks, our services and any other services and/or content included on or otherwise made available to you through our site (collectively, “Shaandaar.in Content/Services”), are provided to you on an as is or as available basis without any representations or warranties or conditions of any kind. We do not warrant that any Shaandaar.in Content/Services are free of viruses or any other harmful components. We make no representations or warranties with respect to the availability, reliability, or security of any Shaandaar.in Content/Services. Unless otherwise expressly set forth in writing, we disclaim any and all other warranties to all Shaandaar.in Content/Services whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise including: – any and all warranties of merchanability – any and all warranties of fitness or suitability for any purpose (whether or not we knew, have reason to know, have been advised, or are otherwise aware of any such purpose); and – any and all warranties of non infringement or condition of title.
- a) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any Content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement. (b) Shaandaar.in has no obligation to provide You with a copy of the information You or any other User provides on the Shaandaar.in Platform or that the Shaandaar.in Platform has accessed. (c) Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Shaandaar.in Platform. You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Shaandaar.in Platform to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Shaandaar.in Platform. Such new features and/ or services shall be subject to the terms and conditions of this Agreement. 21 INDEMNIFICATION You agree to indemnify and hold harmless the Company, its independent Organisers, Organisers and consultants, and their respective directors, officers, employees and agents (collectively, “Shaandaar.in Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your access to or use of the Platform(s); (b) any Discussions or Messages you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another; (e) your conduct in connection with the platform(s); or (f) any products or services purchased or obtained by you in connection with the platform(s). You agree to fully cooperate in indemnifying Us at Your expense. Each Customer shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to: (i) such Customer’s use of Services, including without limitation claims by or on behalf of any Organiser for Worker’s Compensation or unemployment benefits; (ii) any Service Contract entered into between such Customer and a Organiser; or (iii) any breach of their obligations set forth herein. Each Organiser shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to: (i) such Organiser’s provision of Services, (ii) any Service Contract entered into between such Organiser and a Customer; or (iii) any breach of their obligations set forth herein; (iv) alleged or actual breach of intellectual property by the Organiser of the rights of a third party; (v) misrepresentation, false or inaccurate data posted by the Organiser on the Website; or (vi) violation of applicable law by the Organiser.
LIMITATION OF LIABILITY
In no event will we be liable to you or any third party for loss of revenue, loss of profits, or any special indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the Shaandaar.in Content/Services, your conduct or the conduct of any other users (including, but not limited to, bodily injury, emotional distress, any other damages resulting from communications with others users and/or damages caused by or resulting from reliance by user on any information obtained from us, via our site or that results from mistakes, omissions, interruptions, defects, viruses, delays in operation or unauthorized access to our services), regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages or are aware of the possibility of such damages. In no event will our total cumulative liability to you or any third party arising out of or in connection with the Shaandaar.in Content/Services, your conduct or the conduct of any other users including, but not limited to, bodily injury, emotional distress, any other damages resulting from communications with others users and/or damages caused by or resulting from reliance by user on any information obtained from us, via our site or that results from mistakes, omissions, interruptions, defects, viruses, delays in operation or unauthorized access to our services) exceed the aggregate of net amounts received by us from you. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SHAANDAAR.IN. In the unlikely event that Shaandaar.in has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Shaandaar.in claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Los Angeles County, California, unless you and Shaandaar.in agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Shaandaar.in from seeking injunctive or other equitable relief from the courts as necessary to protect any of Shaandaar.in’s proprietary interests. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted and such waiver will not waive or affect any other portion of this arbitration agreement. Notwithstanding the foregoing, either you or Shaandaar.in may bring an individual action in small claims court. This arbitration agreement will survive the termination of your relationship with Shaandaar.in. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, AND PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND SHAANDAAR.IN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at its sole discretion limit access to our Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism. 14.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. 14.2 Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Bangalore, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bangalore. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Bengaluru, Karnataka, India and You hereby submit to the personal jurisdiction of such courts.
We have the right, without notice and in its sole discretion, to terminate your license to use our Website, and to block or prevent your future access to and use of our Website.
For further information or questions, please contact us at email@example.com . Accessing or using this site or any other services of Shaandaar.in, you agree to be bound all of the terms and conditions described in these site terms.
ALCOHOLIC BEVERAGE DISCLAIMER
- Please note that the legal drinking age in India and the laws which regulate the sale and consumption of alcohol vary significantly from state to state In India i.e Chandigarh ,Punjab is twemty –five(25)years of age.
- Guests agree to provide valid photo identification at the time of admission into venue. Valid forms of identification include a valid driver’s license, Aadhaar card or Passport .
- Shaandaar.in shall not be liable to users or any other third-party relating to the purchase or consumption of any alcoholic beverages or any consequences which flow there from.
- Shaandaar.in does not encourage users to drink more than their limit, and asks that customers do not drink and drive. PLEASE DRINK RESPONSIBLY.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms here of shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.