Terms & Conditions



I. Acceptance of terms

Thank you for using PartyPal. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the PartyPal website at www.PartyPal.com (the "Site") and any related mobile or software applications ("PartyPal Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").

These Terms are effective for all existing and future PartyPal users, partners and clients including but without limitation to users having access to PartyPal to manage their claimed business listings.

Please read these Terms carefully. By accessing or using the PartyPal Platform, you are agreeing to these Terms and concluding a legally binding contract with PartyPal a trademark of Benefic Solutions Pvt. Ltd., a company having its registered office at Flat No. 106, SDC Cotyar Ram Nagaria NA Jaipur-302017. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the PartyPal Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

• Clicking to accept or agree to the Terms, where it is made available to you by PartyPal in the user interface for any particular Service; or

• Actually using the Services. In this case, you understand and agree that PartyPal will treat your use of the Services as acceptance of the Terms from that point onwards.

II. Definitions

User

"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to ‘Venue business page’ to manage claimed business listings or otherwise.

Content

"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "PartyPal Content" means content that PartyPal creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than PartyPal or its users and is available on the Services.

Venue(s)

"Venue" means the Venues listed on PartyPal and any related mobile or software applications of PartyPal.

III. Eligibility to use the services

1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

IV. Changes to the terms

PartyPal may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of PartyPal Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

V. Provision of the services being offered by PartyPal

1. PartyPal is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which PartyPal provides, may require effecting certain changes in it, therefore, PartyPal reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.

3. You acknowledge and agree that if PartyPal disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

4. You acknowledge and agree that while PartyPal may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, PartyPal may set such fixed upper limits at any time, at PartyPal's discretion.

5. By using PartyPal's Services you agree to the following disclaimer: The Content on these Services is for informational purposes only. PartyPal disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. PartyPal reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. PartyPal does not guarantee quality of the event or the availability of services at any venue. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to PartyPal. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request.

6. PartyPal reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the PartyPal Platform anytime in future.

7. PartyPal may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the PartyPal Platform terms. Further, PartyPal reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if PartyPal determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or PartyPal Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, PartyPal reserves the right to modify, cancel and discontinue its Program without notice to the User.

Others Terms

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to use the data owned by PartyPal (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with PartyPal in writing.

You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by PartyPal, unless you have been specifically allowed to do so, by way of a separate agreement with PartyPal. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.

VI. Content

Ownership of PartyPal Content and Proprietary Rights

We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and PartyPal Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by PartyPal and that you shall not disclose such information without PartyPal's prior written consent.

You agree to protect PartyPal’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that PartyPal (or PartyPal's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by PartyPal and that you shall not disclose such information without PartyPal's prior written consent. Unless you have agreed otherwise in writing with PartyPal, nothing in the Terms gives you a right to use any of PartyPal's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of PartyPal; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the PartyPal’s Content in whole or in part except as expressly authorized by PartyPal.

To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.

Your License to PartyPal Content

We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of PartyPal Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, PartyPal Content or our IP Rights.

Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

PartyPal License to Your or User Content

By submitting Your Content you hereby irrevocably grant PartyPal a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a ‘Venue business page’ to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against PartyPal or its Users, any third party services and their users.

Representations Regarding Your or User Content

You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.

You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our users and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by users and any and all liability arising from such Content is the sole responsibility of the user who posted the content, and not PartyPal.

You take full responsibility of all kinds of content, i.e. photos, videos, text, GIF, infomercial, infographic, meme, associated with your venue/event on the website/App/web app/Facebook page of PartyPal. In case of PartyPal creating/modifying any form of content, the venue/organizer takes full responsibility for it. In case of any licensing/copyright infringement/trademark/proprietary issue associated with any form of content, the venue/organizer has to immediately notify PartyPal through mail, or else it will be considered as approved by the venue/organizer and assumed that the venue/organizer has obtained all the necessary licences/permissions, and the venue/organizer will be liable for any objections raised before/after the event.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Any review, which is derogatory, defamatory or hateful or in violation of the Guidelines and Polices and without any substantial evidence may be taken down at our sole discretion.

Third Party Content and Links

Some of the content available through the Services may include or link to materials that belong to third parties, such as third party reservation services or online food delivery/ordering. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that PartyPal is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that PartyPal is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

User Reviews

User reviews or ratings for venues do not reflect the opinion of PartyPal. PartyPal receives multiple reviews or ratings for venues by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on PartyPal is the personal opinion of the user/reviewer only. PartyPal is a neutral platform, which solely provides a means of communication between users/reviewers including users or Venue owners/representatives with access to Venue business page. The advertisements published on the PartyPal Platform are independent of the reviews received by such advertisers. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the Venue does not consider to be true, the best option for the Venue representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the venue believes that any particular user’s review violates any of the PartyPal’ policies, the venue may write to us at contact@PartyPal.com and bring such violation to our attention. PartyPal may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services

VII. Content guidelines and privacy policy

Content Guidelines

You represent that you have read, understood and agreed to our Guidelines and Polices related to Content

Privacy Policy

You represent that you have read understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the general public

VIII. Restrictions on use

Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:

1. Violate our Guidelines and Polices;

2. Is harmful, threatening, abusive, harassing, tortuous, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;

3. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.

4. Contains material that violates the standards of good taste or the standards of the Services;

5. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

6. Accuses others of illegal activity, or describes physical confrontations;

7. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.

8. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);

9. Attempts to impersonate another person or entity;

10. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;

11. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;

12. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;

13. Asserts or implies that Your Content is in any way sponsored or endorsed by us;

14. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;

15. Falsely states, misrepresents, or conceals your affiliation with another person or entity;

16. Accesses or uses the account of another user without permission;

17. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;

18. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;

19. “Hacks” or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;

20. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);

21. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;

22. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;

23. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;

24. Collects, accesses, or stores personal information about other users of the Services;

25. Is posted by a bot;

26. Harms minors in any way;

27. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

28. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or

29. Attempts to do any of the foregoing.

You acknowledge that PartyPal has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

You hereby agree and assure PartyPal that the PartyPal Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of PartyPal in any form or manner whatsoever.

Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the PartyPal Platform, PartyPal shall have the right to immediately block your access and usage of the PartyPal Platform and PartyPal shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

IX. User feedback

If you share or send any ideas, suggestions, changes or documents regarding PartyPal’s existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) PartyPal is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) PartyPal may have already received similar Feedback from some other user or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against PartyPal and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.

Please provide only specific Feedback on PartyPal’s existing products or marketing strategies; do not include any ideas that PartyPal’s policy will not permit it to accept or consider.

Notwithstanding the abovementioned clause, PartyPal or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to PartyPal or any of its employees. The purpose of this policy is to avoid potential misunderstandings or disputes when PartyPal’s products or marketing strategies might seem similar to ideas submitted to PartyPal. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.

Terms of Idea Submission

You agree that: (1) your Submissions and their Contents will automatically become the property of PartyPal, without any compensation to you; (2) PartyPal may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for PartyPal to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

X. Advertising

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by PartyPal on the Services are subject to change without specific notice to you. In consideration for PartyPal granting you access to and use of the Services, you agree that PartyPal may place such advertising on the Services.

Part of the site may contain advertising information or promotional material or other material submitted to PartyPal by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the PartyPal Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than PartyPal found on or through the PartyPal Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. PartyPal will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the PartyPal Platform and mobile application.

XI. Online Ticketing and Payment terms

1. Responsibility of venue/organizer:

1.1 The venue/organizer shall:

(a) notify PartyPal of all discounts, schemes and benefits that it intends to offer in relation to Tickets at least 3 (three) days prior to such offer becoming effective and shall give an exclusive right to PartyPal to make the same offer to customers in respect of booking of Tickets through the Platforms;

(b) provide offers and entry to customers who have made their booking through PartyPal according to terms and conditions agreed upon;

(c) obtain all necessary approvals, permissions, licenses, no-objections, clearances etc. from the relevant governmental authorities as may be required to hold the Event in accordance with law and availing the Services, at its sole expense and cost;

(d) comply with all laws applicable to the Event in all respects;

(e) immediately notify PartyPal, if it discontinues or modifies any aspects of the Event (including any services / facilities associated with the Event) and/or Facilities;

(f) ensure the safety of customers throughout the Event and undertake necessary measures and actions for such purpose and be solely responsible for any loss, damage or injury caused to Customers without any recourse to PartyPal;

(g) promptly notify PartyPal of any delay, postponement or cancellation of the Event or any events, facts, circumstances or developments that may be reasonably likely to result in any delay, postponement or cancellation of the Event;

(h) it will provide such information as PartyPal reasonably requests and shall otherwise cooperate with PartyPal in order to give full effect to the provisions/terms of this AGREEMENT;

(i) give the freedom to PartyPal to modify the ticket prices in accordance to the lowest price mentioned across all digital platforms, in case the venue/organizer has given them the right to do so;

2. Payment Cycle

2.1 The consideration receivable by PartyPal for the Services is as follows -

(a) The Venue/Organizer shall pay PartyPal an amount as mentioned in Schedule 1 of this AGREEMENT as consideration for the online promotion of their event (“Promotion Fee”).

(b) PartyPal will charge an amount or percentage as specified in Schedule 1 of this AGREEMENT of the total value of Tickets (including taxes) as commission on the Tickets booked through the Platforms (“Commission Fee”). Commission Fee shall be subjected to Service Tax.

(c) PartyPal shall be entitled to charge a booking convenience fee (“Booking Fee”) on the tickets booked through the Platform to End Customers.

2.2 The following terms shall be applicable to payments to be made under this AGREEMENT:

(a) Promotion Fee shall be paid to PartyPal by the Venue/Organizer within 3 days after accepting the agreement.

(b) PartyPal shall release all monies collected by it on account of booking of Tickets through the Platforms to the Venue/Organizer in a 15-days payment cycle after a request has been placed by the venue/organizer, post event as per “Cut-n-Pay”.

(c) Upon completion of the Event, the PartyPal shall raise an invoice on the Venue/Organizer for the amount of the Commission Fee and such other costs that PartyPal may have incurred as may have been mutually agreed between the Parties.

3. Cancellation of Event

If due to any reason whatsoever whether or not attributable to the Venue/Organizer, the Event is cancelled, not held at the time or venue originally publicized or delayed past the Event Date or if there is any material change to the Event that entitles customers to seek refunds for the Tickets booked through the Platforms, PartyPal may charge an amount as a cancellation charge.

In the event any refund of the Ticket price and any other costs (such as courier charges of pre-paid by Customers) (“Refund Amount”) are required to be processed by PartyPal, the Venue/Organizer shall remit to PartyPal an amount equivalent to the Refund Amount within 7 (seven) days of being notified by PartyPal in this regard. Venue/Organizer shall refund all refunding charges borne by PartyPal including Payment Gateway Charges to PartyPal in the event any refunds are to be made by the Venue/Organizer. In the event that the Venue/Organizer fails to refund the Refund Amount to PartyPal within such 7 (seven) days period, then without prejudice to its other rights, PartyPal shall be entitled to adjust the same against the amounts pending release to the Venue/Organizer under Clause 5.2(a), if any.

XII. Additional Terms and Conditions for Users using the various services offered by PartyPal (As and when applicable):

1. A. BOOK SERVICE/TABLE RESERVATIONS:

1. The user can make a request for booking a table at a Venue, offering table reservation via the PartyPal Platform and related mobile or software application and such booking will be confirmed to a user by email, short message service (“SMS”) and/or by any other means of communication only after the Venue accepts and confirms the booking. The availability of a booking is determined at the time a user requests for a table reservation. By using the PartyPal Book Service, users agree to receive booking confirmations by email SMS and/or by any other means of communication after booking a table through the PartyPal Book Service. User further agrees not to make more than one reservation for user’s personal use for the same mealtime.

2. Fees: PartyPal may charge booking fee (“Booking Fee”) from the user upon availing the PartyPal Book Service. This Booking Fee shall be adjusted by the Venue against the total bill for the items consumed by the user at such Venue. Any balance amount remaining to be paid after deduction of the Booking Fee from the Venue bill shall be payable by the user. The user shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the user, the amount of the Booking Fee already paid by the user will be applicable. The user may be required to furnish the payment instrument at the Venue from which payment has been made for identification purposes.

3. Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the Venue. PartyPal will use its best endeavours to keep the user informed of the status of the booking. For bookings where Booking Fee is not applicable, the user may cancel such booking thirty (30) minutes in advance from the scheduled booking time. A confirmed booking for which Booking Fee has been charged from a user, modification option will not be available, however the user is required to cancel the confirmed booking twenty four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these Terms, PartyPal shall refund the Booking Fee to the user within seven (7) working days from the date of such cancellation. However, PartyPal reserves the right to retain the Booking Fee in the event the user fails to cancel the booking within the estimated timeframe mentioned herein above.

4. Late Arrivals: PartyPal advises the users to arrive 10 minutes in advance of the scheduled booking time. The Venue reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and PartyPal shall in no manner be liable for such cancellation initiated by the Venue. PartyPal hereby reserves its right to retain the Booking Fee paid by the users, in the event the user is late by more than 10 minutes from the scheduled booking time and/or fails to show up at the Venue.

5. Dispute: In the event the Venue fails to honor the confirmed booking or in case of any other complaint or dispute raised by the user in relation to the booking, the user shall raise such disputes with PartyPal within 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, PartyPal will make reasonable efforts to verify the facts of such complaint/ dispute with the Venue and may at its sole discretion initiate the refund of the Booking Fee to such user.

6. Personal Information: Users will be required to share certain personal information with PartyPal and/or the Venue including but not limited to their name, phone number, email address in order to avail the PartyPal Book Service and the user hereby permits PartyPal to share such personal information with the Venue for confirming such user’s booking and/or such other communication relating to but not limited to the PartyPal Book Service or any promotions by the Venue. PartyPal will use these details in accordance with the Privacy Policy published here. PartyPal will share your personal information with the Venue for the purpose of your reservation. However, notwithstanding anything otherwise set out herein, PartyPal shall in no manner be liable for any use of your personal information by such Venue for any purpose whatsoever.

7. Additional Request: In the case of any additional request added by the user at the time of the booking, the same will be communicated to the Venue by PartyPal and confirmed to the user basis Venue’s response. While PartyPal will take all the care to ensure timely communication of these requests to both the user and the Venue, the liability to fulfill the request lies solely with the Venue and PartyPal shall in no manner be liable if the Venue does not honor any of the confirmed additional requests of the users.

8. Call Recording: PartyPal may contact via telephone, SMS or other electronic messaging or by email with information about your PartyPal Book Service or any feedback thereon. Any calls that may be made by PartyPal, by itself or through a third party, to the users or the Venue pertaining to any booking requests of a user may be recorded for internal training and quality purposes by PartyPal or any third party appointed by PartyPal.

9. Liability Limitation: Notwithstanding anything otherwise set out herein, PartyPal shall in no manner be liable in any way for any in-person interactions with the Venue as a result of the booking or for the User’s experience at the Venue or in the event a Venue does not honor a confirmed booking. PartyPal is only a platform connecting users to the Venue and shall not be liable for any acts or omissions on part of the Venue including deficiency in service, quality of food, time taken to serve or any other experience of the user.

10. Contact Us: You may write to us at contact@PartyPal.com for any further queries with regard to the PartyPal Book Service and may also contact us on the following number for more information: 08088887654.

XIII. Disclaimer of warranties, limitation of liability, and Indemnification

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARTYPAL, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("PARTYPAL PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTYPAL PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE PARTYPAL PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PARTYPAL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY PARTYPAL, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PARTYPAL PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTYPAL PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES. IN NO EVENT SHALL THE PARTYPAL PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

FURTHERMORE, UNLESS OTHERWISE AGREED TO IN WRITING BY PARTYPAL, THE TOTAL LIABILITY OF THE PARTYPAL PARTIES TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST THE PARTYPAL PARTIES WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

Some countries and jurisdictions do not allow the limitation or exclusion of consequential, direct, indirect, or other damages and to the extent you are a consumer the limitations or exclusions in this section may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless the PartyPal Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

XIV. General terms

Interpretation:

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

Entire Agreement and Waiver:

The Terms, together with the ‘Privacy Policy’ and ‘Guidelines and Policies’, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Severability:

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

Partnership or Agency:

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and PartyPal and you shall have no authority to bind PartyPal in any form or manner, whatsoever.

Governing Law/Waiver:

For all Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

Carrier Rates may Apply:

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.

Linking and Framing:

You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

XV. Notice of copyright infringement and grievance redressal mechanism

PartyPal shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the PartyPal Platform, or items advertised on the PartyPal Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:

• Identify in writing the copyrighted material that you claim has been infringed upon;

• Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under);

• Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";

• Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";

• Provide your contact information including your address, telephone number, and e-mail address (if available);

• Provide your physical or electronic signature;





SCHEDULE 1

SCOPE OF WORK AND TERM & CONDITIONS

a. The Vendor shall provide high-quality performances to the customers booking through PartyPal.

b. The Vendor shall adhere to the agreed-upon terms and specifications for each booking.

c. The Vendor shall promptly update availability status and respond to booking inquiries received through the PartyPal platform.

d. The Company shall provide the Vendor with necessary tools and support to facilitate bookings and promote the Vendor's services

e. The Company shall remit the Vendor's earnings promptly after deducting the agreed-upon commission

f. Vendor should behave properly and maintain decency at gigs

g. Any mishappening or unfortunate incident will not be borne by the company and vendor cannot claim anything from any unforeseen incident or legally challenge company

h. Company will forward the lead to another vendor in case of non responsiveness and vendor cannot challenge that