PartyVipIndia Terms and Conditions

Introduction

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.partyvip.in website and PARTYVIP application for mobile and handheld devices. The Website www.partyvip.in (the Website) and the PARTYVIP application for mobile and hand held devices (the App) is owned and operated by Partyvip india (OPC) Private Limited .The Website and the App are jointly referred to as the “Platform”..

I. Definitions For the purpose of these Terms of Use, wherever the context so requires:

1. The terms “Member/s”, ”you” or “Users” shall mean any natural or legal person competent under law to enter into contract and who has agreed to utilize the services on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems or mobile phones..

2. The terms “PARTYVIP”, “we”, “us” or “our” shall mean Party VIP India (OPC) Pvt Ltd.

3. “Partners” shall mean the venues that have collaborated with PARTYVIP and whose names are displayed by the PARTYVIP in their Platform

4. “Venue” shall mean the venue selected by the User through the Platform.

II. Membership Terms

1. You can become member of PARTYVIP by registering at our Platform and on payment of annual membership fees.

2. Your membership with us allows you free admission to the Partner Venue and also certain benefits and discounts at the Partner Venue.

3. The list of Venue Partners can change at any time without any notice to the Members. PARTYVIP has the sole discretion to list and de-list its Venue Partners in its Platform.

4. Members must confirm to and abide by the protocol of the Venue Partners. Members are requested to make themselves aware of the protocol, rules and regulations of the Venue Partners. Venue Partners has every right to deny admission of the Members into the Venue in the event Members fail to abide by the protocol of the Venue.

5. Bookings for admission to the Venue is always subject to the availability of the Venue. While we make all efforts to update our App about availability/non-availability of the Venue, PARTYVIP cannot be held responsible for denial of admission to the Venue for reasons of renovation, hosting a private event etc.

6. Admission is contingent upon the legal capacity of the Venue.

7. Membership once bought cannot be refunded in any case.

8. The Membership is issued for personal use only and is NON-transferable.

9. The Member must communicate every change of name, address, Phone number or e-mail details to PARTYVIP.

10. PARTYVIP reserves the right to deny membership applications without explanation. Possible reasons for denial are unacceptable behavior in our Partner Venue or misuse of the personal, non-transferable Membership.

11. You must present your membership/ticket each time you enter Venue as a Member. Should you not have it, you will be subject to similar treatment as is provided to non-members at the Venue.

12. If a Member is found to have misused the membership or the Services of the Platform, his/her membership will be automatically cancelled at the discretion of PARTYVIP and there will be no refund in such cancellations.

III. Terms of Use of Platform and Services

1. These terms of use (the “ Terms of Use”) govern your use of our Website and our App. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with PARTYVIP and you signify your acceptance to the Terms of Use and other policies as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the services, and create a legally binding agreement to abide by the same. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform.

2. PARTYVIP provides a platform to its users or Members to choose and book entry tickets to various night clubs, pubs and resorts available in the cities and also to various events, programs mentioned therein and further enable the Members to make payment for the services utilized by the member at the Venue.

3. PARTYVIP provides a platform for communication of available nightclubs, pubs and resorts in the cities and a means of making payment for the products and services utilized at the Venue. It is hereby clarified that the contract for sale of any of the products or services at the Venue shall be a strictly bipartite contract between the Partner and the Member.

4. In case of complaints from the Member pertaining to the quality of products and/or services offered at the Venue, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Partner connecting to their customer care/grievance officers of the Partner to enable satisfactory resolution of the complaint. The Venue Partner shall be liable for redressing Member complaints.

5. We endeavour to make the Platform available 24/7 , However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

6. We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

7. We reserve the right to suspend or withdraw access to the Platform to you personally, or to all Users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended Users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

8. If you use the Platform, you do the same at your own risk.

IV. Account Registration or use of the Platform

1. You may access the Platform by creating an account (“ PARTYVIP Account”) and by paying subscription fees (“ Membership Fees”). The Membership is limited for the purpose of utilizing the services of the Platform and is subject to this Terms of Use and is strictly not transferable.

2. We will create your PARTYVIP Account for your use of the Platform services based upon the personal information you provide to us. You may only have one PARTYVIP Account and not permitted to create multiple accounts. If you are found of having multiple accounts, PARTYVIP reserves right to suspend such multiple accounts without being liable for any compensation.

3. You agree to provide correct, current and complete information during creation of the PARTYVIP Account and to update such information to keep it accurate, current and complete.

4. We reserve the right to suspend or terminate your PARTYVIP Account and your access to the Services (i) if any information provided during the account creation process or thereafter proves to be incorrect or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.

5. sYou are responsible for safeguarding your account. You agree that you will not disclose your password/OTP to any third party and that you will take sole responsibility for any activities or actions under your PARTYVIP Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your PARTYVIP Account.

V. Bookings and Financial Terms

1. All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the payments made on Platform. You can pay by (i) credit card or debit card or net banking; or (ii) any other RBI approved Unified Payment Interface.

2. You understand, accept and agree that the payment facility provided by the Platform is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks.

3. You acknowledge and agree that we act as agent for the Partner for the limited purpose of accepting payments from you on behalf of the Partner. Upon your payment of amounts to us, which are due to the Partner, your payment obligation to the Partner for such amounts is completed, and we are responsible for remitting such amounts, to the Partner. You shall not, under any circumstances whatsoever, make any payment directly to the Partner for the bookings made using the Platform and also for the bill raised by the Partner for the services utilized by you at the Venue.

4. You agree to pay us the total amount for the bookings made by you on the Platform and also for the bill raised by the Partner for the services utilized by you at the Venue. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Venue. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

5. In connection with your bookings and payments, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the bookings made by you on the Platform and also for the bill raised by the Partner for the services utilized by you at the Venue, in accordance with these Terms, using of the methods described under clause 1 above.

6. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your payment transaction is complete, you will receive a confirmation email on your registered email id and also a notification on the Platform summarizing your transaction.

7. You shall not use the credit/ debit card, which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Partner. PARTYVIP holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Partner.

8. The bookings and the billings transaction are bilateral between you and the Partner and therefore, PARTYVIP is not liable to charge or deposit any taxes applicable on such transaction.

VI. Cancellations and Refunds

1. As a general rule you shall not be entitled to cancel your bookings or tickets once you have received confirmation of the same. If you cancel your bookings or tickets after it has been confirmed, PARTYVIP shall have a right to charge you cancellation fee of a minimum INR 500/- up to the booking charges to compensate our Partners and refund the remaining amount.

2. In case of cancellations for the reasons attributable to PARTYVIP or its Venue Partners, we shall not charge you any cancellation fee.

3. Our decision on refunds shall be at our sole discretion and shall be final and binding.

4. All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.

VII. No Endorsement

1. We do not endorse any Partner. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with our Partners and other Members of PARTYVIP.

2. By using the services of the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

VIII. General Terms Of Use

1.Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 21 years of age or older may use the Platform and avail services.

2. If you choose to use the Platform, it shall be your responsibility to treat your user identification code, OTP, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

3. As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our cities, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules and guidelines.

4. You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Privacy Policy to the attention of all such persons accessing the Platform on your computer or mobile device.

5. You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires Internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

6. You agree and grant permission to PARTYVIP to receive promotional SMS and e-mails from PARTYVIP or allied partners. In case you wish to opt out of receiving promotional SMS or email you can do so by support@partyvip.in

7. By using the Platform you represent and warrant that:

  • i. All registration information you submit is truthful, lawful and correct and that you agree to maintain the accuracy of such information.
  • ii. Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other Users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
  • iii. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them
  • iv. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in any manner permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
  • v. You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
  • vi. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.
  • vii. You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
  • viii. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” as those terms are commonly understood and used on the Internet.
  • ix. You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
  • x. You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory or untrue.
  • xi. You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
  • a. any part of the Platform or the Platform software; or

    b. any equipment or any network on which the Platform is stored or any equipment of any third party

    c. You release and fully indemnify PARTYVIP and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the other Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. PARTYVIP cannot take responsibility or control the information provided by other Users, which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

IX. Disclaimers

1. The platform may be under constant upgrades, and some functions and features may not be fully operational.

2. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.

3. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.

4. You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s / merchants services.

5. The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgment of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.

6. We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will employees or our affiliates, authors, agents or we be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.

7. sIn no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.

X.Intellectual property

1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.

2. You may print one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.

3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.'

4. You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from our licensors or us.

5. If you print, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

XI. Treatment of information provided by you We process information provided by you to us in accordance with our Privacy Policy.

XII. Third Party Content

1. We cannot and will not assure that other Users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

2. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

XIII. Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the applicable laws, then to the extent it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

XIV. Non-assignment

These Terms and Conditions will be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

16. Access of the app Outside the United Kingdom

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XV. Amendment

We reserve the right to modify or change these Terms of Use and Privacy Policy at any time by posting changes on the Platform that will be informed to you immediately on you using the Platform, and it shall be your responsibility to keep yourself updated about any changes in the services and policies of the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and Privacy Policy.

XVI. Governing Law

The laws of India govern these Terms of Use. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.

XVII. Contact Us

You can contact us for any questions or comments (including all inquiries related to copyright infringement) regarding this Platform at:

Website: www.partyvip.in

Email: support@partyvip.in

Phone: +91-844-855-655-7

© 2019 PartyVipIndia