I. INTRODUCTION
- EventsErica.com website (“Website“) is an internet based event ticketing portal owned and operated by LinkLetter Solutions Pvt Ltd (“Company” or “Us” or “We“), a company incorporated under the laws of India, with its registered office at Bangalore, Karnataka.
- 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 India (“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 India at any time during the year through various organisers (“Organiser“).
TERMS AND CONDITIONS FOR USER
- The User is 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.
- The Company provides the Services to the User subject to the Terms.
- All information accessed or viewed by the User is considered confidential and is for only authorized personnel or business purposes.
- 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.
- For the Terms that apply to you and your use of the Services as an Organizer, please see Organizer Terms.
I. ACCEPTANCE OF TERMS
- 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.
- 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.
- The Website takes no responsibility for the services that are provided by any third party vendors.
- 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
- 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.
- The right to use the Website is personal to the User and is not transferable to any other person or entity.
- 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.
- 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.
- 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).
- 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.
- 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.
- The Company and Organisers reserve the rights of frisk and restrict entry.
- 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.
- 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.
- To avoid inconvenience, please reach the venue 1 hour prior to entry time.
- 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 Organiser. 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
- TheCompanydoes not set refund policies on behalf of the Organisers. It is the responsibility of the Organiser 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 Organiser and in no event shall be directed to the Company. Any refund-related issues or disputes shall be strictly between the User and the Organiser; the Company shall not be liable for any refund-related claims in connection with event Services; and the Organiser hereby agrees to indemnify, defend, and hold harmless the Company in connection therewith.
- In the event, an event is cancelled or postponed by the Organiser for whatever reason, the Company will attempt to refund the amount as per the policy of the organizer.
- 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).
- 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).
- In case of Event Cancellation/postpone, the Booking Fees will not be refunded.
V. WARANTIES AND LIABILITES
- 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.
- The Company acts only as a booking agent, it shall not have any liability whatsoever for any aspect of the arrangements between the Organiser and the User as regards the standards of services provided by the Organiser. In no circumstances shall the Company be liable for the services provided by the Organiser.
- 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 / organiser and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the Organiser and/or published by the Organizer.
- 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.
- 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.
- 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.
- 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.
- 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 ORGANISERS, USERS, AND OTHER NON-ORGANISERS) 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
- 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:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- 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;
- 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;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- 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;
- 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;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and
- 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.
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
- 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.
- The Company reserves the right to remove from the Website any content that is alleged to infringe someone’s copyright.
- 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 India 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
- If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour 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.
- The Terms and the relationship between the User and the Company will be governed by the laws as applicable in India.
- Any disputes will be handled in the competent courts of Bangalore, Karnataka, India. 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.
- 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.
- Provisions related to liability, indemnification, disclaimers of warranties, intellectual property protections, and protection of Website Content shall survive termination of this agreement.
