1. GENERAL
“www.festivalsherpa.com” (hereinafter, the “Website”) is owned and operated by ARA Infotech Pvt. Ltd., a private limited company incorporated under the Companies Act, 1956, having its registered address at 206 – Konark Shram, 156 Tardeo Road, Mumbai – 400034, India (hereinafter referred to as the “Company”).
You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with the Privacy Policy and any other policies on the website.
In terms of Information Technology statutes, this document is an electronic record, under the laws of India. 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 the Website.
For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a User of the Website by accessing the Website. The Website provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
The term “We”, “Us”, “Our” shall mean the Company. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Services” shall mean and refer to the reselling “Holiday packages or Travel packages” (hereinafter Package or Packages) offered by Third Parties to the Users. “Third Party” shall mean and refer to any individual(s), company or third party entity apart from the User and the Company.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
By using the Website, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Your use of Our Website is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Website by You is governed by this policy and any policy so mentioned by terms of reference. If You do not agree with any of these terms, please discontinue using the Website.
We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2. SERVICE OVERVIEW
The Website acts as an intermediary between Users and agencies throughout the world intending to sell including but not limited to holiday packages and travel packages, related to religious, cultural, musical, and other social events taking place throughout the world (these events may or may not be listed on the Website). We endeavour to create a platform driven by “Content” (Content in this context means and includes text, images, and videos) that helps you to understand the details and significance of the above mentioned events from the comfort of your home.
3. BOOKING AND MODE OF PAYMENT
a. The User can book a travel arrangement/package(s) by contacting Our representative(s), whose contact details are provided on the Website. To make a booking, the passenger has to provide all the necessary information and his personal documents that are required by the travel arrangement programmers or the agencies/companies providing such packages and pay the amount as mentioned in the Website for the particular package(s). The User agrees and understands that the documents required by every agency/company/ travel arrangement programmers would be different. The User is also required to pay in full the amount of the particular package(s), he wishes to purchase. It is mandatory for the User to submit the required documents and make the payment in full to confirm the booking of the package. The User receives the confirmation of his booking through a telephonic call, which is later followed by an email confirmation. The User agrees and understands, that on confirming the package(s), he agrees to a binding agreement, which includes all information regarding the travel arrangements that the passenger has chosen.
b. The User represents and warrants that he/she is competent, is of age 18 or older and is eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
c. If You are accessing the Website from outside the territory of India, then you must be competent to contract as per the local laws of your location.
d. You understand and agree that the cost of the package(s) are fixed. The Company/Website does not offer any discounts but may have some promotional offers, which would be bound by their own terms. The Website allows the following mode of payment:
- NEFT payment
- Cash payment
- Cheque payment
We reserve the right to collect bank/ PayPal/ credit card charges (which ranges from 4% to 10% of the payment made by the Users to Us depending on the country and currency) from the Users in the incidence of such charges incurred by Us while transferring money to our third party service providers.
4. CANCELLATION AND REFUND
As a User, you understand and agree that the Website/Company has the right to cancel your booking at any time if You do not abide by this Agreement. In the event that the event or package booked by the User is cancelled by the event organisers, the User may be refunded according to the terms and policies of such events. In case a User decides to cancel his event request on his own accord, then the organiser/agency/company shall be coordinated with by the Website to try and ensure that the Customer receives a refund, but the decision to provide the User with the refund shall be the sole right and discretion of the organizer or agency and the decision of the organizer/company/agency or the agency shall be final. In the event the refund is refused by the organizer or the agency, the Website shall not be held liable or accountable by the User as the Website ensures to try and do everything in its power to guarantee that the refund is provided. The Website/Company has all the rights to deduct the costs/damages it has suffered due to such cancellations and then refund the User.
Any such refund may take a minimum of one (1) week, and might take longer in many other circumstances. However, in the event that the said event is cancelled with a malicious intent or with intent to defraud the Website/Company, then the Website/Company, shall not be held liable for such cancellation and there shall be no guarantee of refund in such cases.
5. DISCLAIMER REGARDING SERVICES
The Website is just an intermediary, bridging the gap between Users desiring to travel to different countries or within India, for the purpose of visiting the events organised in different countries and third party entities providing such services. The Website does not provide for any travel or staying arrangements of its own. The Website does not represent any organisation or event; it merely provides information about them. The User might be required to sign the terms of the organisation/agency/event /third party organising such events.
The Website does not guaranty admission to any of the tour/travel package; it merely helps Users in applying for these packages. You understand and agree that the admission to any tour/travel package, You apply for with any Third Party entity, shall be based on the terms and condition of that particular Third Party entity and the Website has no authority to intervene in such matters. The Website shall not be accountable in the event that there are extra costs incurred as a result of organizing the events.
You understand and agree that the Website cannot be liable if you are late for any of the events you have booked or if you do not attend these events. You are solely liable for reaching the venue/place You are required to report on time. Neither the Website nor the Company shall be held liable, if under any situation, the User is not allowed to attend the event that he has booked for.
You agree and understand that, once You have booked a package with a particular name, it may or may not be transferable to a different name depending on the terms of the event organizer/agency/company. The Company/Website cannot be held liable if the name is not transferable to a different name.
The Company accepts no liability for any errors or omissions, whether on behalf of itself or Third Parties. You acknowledge that the Company has no relationship with you other than to providing you with this service. At no time shall the Company have any right, title or interest to any bookings done by you. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the booked service and is not responsible for damages or delays. You agree and understand that you might be charged an additional amount by the event organiser/agency/company during the course of the package, which would be solely borne by you, and You cannot claim the same from the Company/Website.
The Website or the Company shall not be held liable for any delay/default/failure to provide service / improper or inefficient service provided by the Third Party entities providing the travel/lodging packages. Such Third Party entities shall be solely responsible for any or all of the arrangements provided by them.
You agree and understand that You might be required to pay an amount as security deposit while checking in some places, which would be refunded while checking out. The hotel/apartment owner/organizer/agency/company has the right to deduct any amount out of the deposit, as damages, if the User causes any. The Website/Company in no way is responsible for the check-in and check-out time of the hotel or apartment or wherever the Users accommodation is.
Any complaints of the travel or lodging services are to be made to the Third Party or event organizers providing such services or any person handling your tour and/or the Website/Company. All information provided by the Users are self-declared and not verified by the Company. Any and all information posted by any Users vest the Company with the right to use such Content for promotions or marketing purposes.
6. MEDICAL CONDITIONS
As a User, You are required to do Your own due diligence about the country You are travelling to. You are solely responsible to find out about any medical obligations to be fulfilled before travelling to such countries. If any User suffers from any conditions, physical, mental or otherwise, You are obligated to notify Us in writing or via email prior to booking. The User is required to be vaccinated before travelling to certain countries according to the World Health Organisation. We do not undertake any responsibility to provide any form of medical treatment in the incidence of a medical emergency while making use of Our Services. The User is obligated to determine whether he/she is medically fit to travel. The User may be required to sign a medical form in many countries. If You are carrying any medication in the form of drugs or otherwise, it is Your sole responsibility to verify whether if such medication is legally allowed in any country for You to travel to. We are under no responsibility for any consequence arising out of You carrying illegal medication or drugs into such countries.
7. ALCOHOL AND DRUGS
The Company/Website has a strong intolerance policy for any kind of illegal drugs and alcoholism. You understand and agree that carrying or using of such substances is illegal. Using or even possession of any such drugs is illegal and is a crime. The Website/Company cannot be held liable if you are caught in possession or using any illegal substances. If found in possession or using of such drugs You might be subject to the laws of the country You have travelled to and You could be removed from the tour/package for the same by the Third Party. In any under situation You shall not be liable for any refund.
8. CURRENCY
The Users must make their own arrangements for currency conversion and carry their own currency. We have no obligation to provide You with any services related to the above.
9. INSURANCE
It is mandatory for the Users to have insurance. The Users are required to purchase their own insurance with global coverage with respect to health, travel, and accident. We are under no obligation to any consequence arising out of the User’s uninsured travel.
10. TOURIST TAX
You understand and agree that tourist tax is mandatory in many countries and You are bound to pay any such tax according to the laws of the country You are travelling to.
11. TRAVEL DOCUMENTS
You are required to carry a passport which will be valid for at least 6 months on return to Your country. You are also required to fulfil all legal requirements and obtain the necessary visas from any authorized authority, which are essential for travelling to any country by means of Our Services. You agree and understand that You are solely liable for the safety of Your documents. The Company/Website cannot be held liable for any loss of such documentation.
12. LUGGAGE
The User is allowed a maximum of certain weight limit, determined by the agency/company/event organisers providing the services or by the airlines the User is travelling. The User is solely liable if he exceeds any such weight limit.
13. COMMUNICATIONS AND ADVERTISEMENTS
By using this Website, it is deemed that You have consented to receiving telephonic calls, SMSs, Whatsapp messages and/or emails from Us at any time we deem fit. We shall reach out to communicate with You and enhance Your experience while using the Website. From time to time, the Company may display server advertisements within the Website and also during the use of the Website. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. These communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Website which is subject to our Privacy Policy. In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls with regard to any communication received from Us, You are required to send an email to thesherp@festivalsherpa.com
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations. The sharing of the information provided by You shall be governed by our Privacy Policy.
The Website may also display advertisements of third parties and We are not in any way liable for the content and validity of such advertisements.
14. USER’S OBLIGATIONS
You are a restricted User of this Website.
a. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
b. You agree not to access (or attempt to access) the Website or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content.
c. In places where this Website allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
ii. Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
iii. Impersonate any person or third party entity, or falsely state or otherwise misrepresent your affiliation with a person or third party entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” under the relevant laws of Maharashtra and India
v. Post any file that infringes the copyright, patent or trademark of other legal third party entities;
vi. 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;
vii. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
x. Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;
xi. Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
xii. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii. Violate any applicable laws or regulations for the time being in force within or outside INDIA;
xiv. Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
xv.Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xvi. Threaten the unity, integrity, defense, security or sovereignty of INDIA or any other country, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
xvii. Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside INDIA;
xviii. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
xix. Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers.
You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of third party entity or the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
15. FORCE MAJEURE
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, weather and other natural phenomena; riot, sabotage, labour shortage or dispute; internet interruption, technical failure, hacking, piracy, cheating, illegal or unauthorized.
16. REVIEWS, FEEDBACK AND SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the User in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or third party entity. You further agree that no Comments submitted by you on the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or third party entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit. Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.
17. INTELLECTUAL PROPERTY RIGHTS
All information, content, services and software displayed on, transmitted through, or used in connection with the Website, as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for Your personal, non-commercial use.
You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the User’s experience, and not to use any data mining, data gathering or extraction method.
18. GEOGRAPHICAL EXTENT
The Website can be used in all countries worldwide. We make no representation that the content available through our Website is appropriate or available for all countries. If You access or use the Website in any countries where the Website is prohibited, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
19. LIMITATION OF LIABILITY
a) The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of the Website or any product purchased or service availed of by the User through the Website. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website will not be liable to you for the unavailability or failure of the Website/Application.
b) Users may be held legally responsible for damages suffered by other Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.
c) All Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
d)The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Website and which is incurred by you in connection with the website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
e) To the fullest extent permitted by law, the Website shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
20. DISCLAIMERS OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WEBSITE MAKES NO WARRANTY THAT
a) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
b) MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
c) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WEBSITE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
21. INDEMNIFICATION AND LIMITATION OF LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL THE WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENODOR OR THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
22. DISPUTES ARISING OUT OF THIS AGREEMENT
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Mumbai, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Mumbai, India and You hereby submit to the personal jurisdiction of such courts.
23. PRIVACY
We encourage You to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to videos) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that Your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.
24. NOTICES
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or the email address thesherp@festivalsherpa.com.
25. MISCELLANEOUS PROVISIONS
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: The Website and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
26. COPYRIGHT DISCLAIMER
Copyright Disclaimer under section 107 of the Copyright Act of 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.
27. CONTACT US
If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can e-mail us at thesherp@festivalsherpa.com.