Terms of Service
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal contract between you and Eventskart (“Eventskart”) which govern your use of www.Eventskart.in (the “Website”) and Eventskart’s online listing and booking platform for event locations and related services available via the Website.
In this document, we refer to our services, technologies and Website collectively as the “Services”. For convenience, we also use the following defined terms: “Vendor” means a Service Provider who has listed services for rental purposes via the Services; “End User” means a person who wishes to hire a Services as contemplated herein.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SERVICE PROVIDERS MAY LIST SERVICES AND END USERS MAY CHOOSE AND BOOK THE SERVICES OF THEIR CHOICE. YOU UNDERSTAND AND AGREE THAT EVENTSKART’S SERVICES BRING SERVICE PROVIDERS AND END USERS TOGETHER; HOWEVER, EVENTSKART IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SERVICE OWNERS AND END USERS. AS A RESULT, EVENTSKART HAS NO CONTROL OVER THE CONDUCT OF SERVICE PROVIDERS OR END USERS VIA THE SERVICES FEATURED ON THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
- How Eventskart Works
Our Services can be used to facilitate the listing and booking of Services. Such Services are made available by the Service Providers in the Website. Service Providers are also responsible for accommodating and fulfilling the appointments sought by the End Users to overview a service in-person prior to booking the Service.
Eventskart makes available a platform for Service Providers and End Users to connect for the purpose of booking services. Eventskart is not an Owner or operator of Services, nor is it a provider of such properties and Eventskart does not own, sell, resell, furnish, provide, rent, re-rent, host, manage and/or control Services. Instead, Eventskart’s role is solely to facilitate the availability of the Services for Service Providers and End Users and to provide the related services. Service Providers are independent contractors. Eventskart is not responsible for and disclaims any and all liability related to the actions of Service Providers, End Users, third parties and other End Users of the Services.
- Who Can Use our Services?
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
- Bookings and Financial Terms
The Service Providers, not Eventskart, are solely responsible for bookings, and making available any Services reserved through the website.
- Making an Inquiry about a service.
As an End User, you can make an inquiry regarding a Service, request to schedule a Service Visit or request a quote for a Service Booking Fee for a Service by completing an online inquiry form. Within twenty-four (24) business hours of your submission of the form, Eventskart representative will contact you. Service Visits are subject to the approval of the applicable Service Owner.
- Booking a Service.
After you receive a response to your inquiry from Eventskart, including a quote, you may contact Eventskart to make your booking via the Services. If the Service you wish to book is available on the dates and at the times you request and you choose to book the Services, Eventskart will collect the entire Service Booking Fee, on behalf of the Service Owner at the time of booking
- Insurance and Taxes
As a END USER, you agree that it is his/her sole responsibility to obtain any insurance as required by law or otherwise related to your booking of a Service or your activities on the Services. Eventskart does not carry any insurance for bookings made or Services featured. END USER is also solely responsible for determining any tax requirements or obligations you may have related to any bookings made via the Services. Eventskart cannot and does not offer tax advice to any End User.
- Booking Changes and Cancellations
Please note that change and cancellation procedures and penalties for bookings vary depending on the policies of the applicable Service Owner. Any such cancellation procedures and penalties are those of the Service Owner and not of Eventskart, and Eventskart has no responsibility or liability in this regard. The END USER agrees that he/she will accept any terms, conditions and restrictions associated with any Service imposed by the Service Owner, including, but not limited to, any change or cancellation fees. If you have any complaints or questions about your experience with a Service Owner or a Service, or if you wish to cancel a booking made via the Services, please contact Eventskart. Please note that Eventskart is not responsible for resolving any disputes between End Users and Service Owners or processing any changes to or cancellations of bookings, and disclaims any and all liability in this regard. Nothing in this clause shall affect the Service Owners obligation towards Eventskart in respect of the payment of the fees in respect of such service in question.
- Content on Eventskart
- Key Definitions.
“Content” means text, graphics, images, music, software, audio, video, information, works of authorship or other materials. “Eventskart Content” means all Content that Eventskart makes available through the Services, including any Content licensed from a third party, but excluding End User Content and Service Owner Content. “End User Content” means all Content that a End User posts, uploads, publishes, submits or transmits to be made available through the Services. “Website Content” means End User Content, Service Owner Content and Eventskart Content. “Service Owner Content” means all Content that a Service Owner posts, uploads, publishes, submits or transmits to be made available through the Services.
- Eventskart Licenses.
- End User Content.
Eventskart permit End Users to post, upload, publish, submit or transmit End User Content, including, but not limited to, reviews of Services. By making available any End User Content through the Services, you hereby grant to Eventskart a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify for formatting purposes, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such End User Content in connection with the Services, including for promotion of the Services, directly or indirectly by intermediaries, and to authorize others to do the same.
- The End User agrees to be solely responsible for all the End User Content and represents and warrants that: (a) He/she owns the End User Content that you provide through the Services, and (b) has all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to Eventskart the rights in the End User Content you provide via the Services. The End User also represents and warrants that your use of, and your authorization of Eventskart’s use of, the End User Content you provide via the Services will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Intellectual property laws protect the Services and Eventskart Content. Except as expressly provided in these Terms, Eventskart and its licensors own all rights in the Services and Eventskart Content. Eventskart has no ownership rights in End User Content. You must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Website Content. The End User agrees that he/she has no right to, or title in or to, any Website Content (except for the End User Content that you provide) or any other attributes associated with your Account. Likewise, the Service Owner shall not use any content while listing the Service in the Website that violates the intellectual property of Eventskart or any Third Party.
Our Services may be used and accessed for lawful purposes only. Both Service Owner and the End User undertake and agree not to perform any of the following while using or accessing the Services:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Website, or any individual element within the Services, Eventskart’s name, any Eventskart trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Eventskart’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Eventskart computer systems, or the technical delivery systems of Eventskart providers;
- Attempt to probe, scan, or test the vulnerability of any Eventskart system, network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Eventskart or any of Eventskart’s providers, or any other third party (including another End User) to protect the Services or Website Content;
- Attempt to access or search the Website or Website Content or download Website Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Eventskart or other generally available third-party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Eventskart trademark, logo URL or product name without Eventskart’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Website Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Website Content;
- Interfere with, or attempt to interfere with, the access of any End User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other End Users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
- Links to Third-Party Websites
The Services may include links to other Websites and services that are not operated by Eventskart. We are providing these links only as a convenience and are not responsible for the content or links displayed on such Websites. Service Owner and End User both are responsible for and assume all risk arising from such use or reliance of any third-party Websites.
- Termination and Account Cancellation
- No Endorsement
Eventskart does not endorse the End User, Service Owners, or any Services. In addition, we do not attempt to confirm, and do not confirm, any End User’s or Service Owner’s purported identity. The End User is responsible for determining the identity and suitability of others whom you contact via the Services. Eventskart will not be responsible for any damage or harm resulting from your interactions as a End User with other End Users of the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other End Users and Service Owners will be limited to a claim against the particular End Users or Service Owners who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from Eventskart in this regard.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT EVENTSKART DOES NOT CONDUCT BACKGROUND CHECKS ON ANY SERVICE OWNER OR END USER. THE SERVICE OWNER AND THE END USER UNDERSTAND AND AGREE THAT THE SERVICES ARE BEING PROVIDED TO YOU ON “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, EVENTSKART EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EVENTSKART MAKES NO WARRANTY THAT THE SERVICES OR WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO, THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EVENTSKART MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR WEBSITE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY WEBSITE CONTENT OBTAINED THROUGH THE SERVICES.
SERVICE OWNER AND THE END USER ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER END USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SERVICE OWNERS. THE END USER UNDERSTANDS THAT EVENTSKART DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF END USERS OF THE SERVICES OR REVIEW OR VISIT ANY SERVICES. EVENTSKART MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF END USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE END USERS OF THE SERVICES. BOTH SERVICE OWNER AND THE END USER AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH EACH OTHER AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICES.
- As a End User:
- Limitation of Liability
- In respect of a End User
- In respect of a Service owner
In no event shall Eventskart be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and Payment Facilities, its services or this agreement (however arising, including negligence).
Eventskart’s liability in any circumstance is limited to the amount of fees, if any, paid by you to Eventskart. Eventskart, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or payment facility will be error free and/or uninterrupted. Consequently, Eventskart assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or payment facilities in any manner.
- Any interruption or errors in the operation of the Website or payment facilities. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Eventskart has been advised of the possibility of such damages).
- Dispute Resolution
- In case of any dispute arising out of this Agreement, the Parties hereto shall first attempt for an amicable resolution in next 30 days. If the parties fail to arrive at any resolution/settlement, then either party may invoke the Arbitration for further resolution. The Arbitration shall comprise two arbitrators, as appointed by each party and a presiding arbitrator who shall be independently appointed by the other two arbitrators.
- The Arbitration proceedings shall take place in Bhubaneswar and the same shall be governed by the Arbitration and Conciliation Act, 1996. The proceedings of the Arbitration shall be conducted in English language.
- The award passed by the Arbitrators shall be final and binding on both the Parties and the courts of Bhubaneswar shall have exclusive jurisdiction.
- Entire Agreement
Any notice or communication by the Service Owner or the End User may be sent to the following address [email protected]
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and Service Owner and/or the End User can submit feedback by emailing us at [email protected]. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
- Compliance of Laws
- Contacting Eventskart