Terms of Service

Last Updated: May 12, 2014

Welcome to www.Venuekart.com

1. Acceptance of the Terms

In using this Website, you are deemed to have read and agreed to the following terms and conditions set forth herein. Any incidental documents and links mentioned shall be considered to be accepted jointly with these terms. This shall include our Privacy Policy provided for on our website. These terms of use govern your use of the applications and other services (collectively the Service) available on, or offered by Venuekart on any website or any mobile device or any third party social networking service. These terms of use apply to all user of the service, including users who are also contributors of content information and other materials to the service. Any access, browsing or use of the Service constitutes your agreement to follow and be bound by these Terms of Use without modification, and all other operating rules, policies and procedures that may be published from time to time by Venuekart. If you do not agree to these Terms of Use, you are not permitted to access, browse or use the Service. The Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you. Your accessing of this Website and/or undertaking of a service/offering by us indicates your understanding, agreement to and acceptance, of the disclaimer notice and the full terms and conditions contained herein. Your statutory consumer rights are unaffected. This agreement sets out the legally binding terms for your membership.

 

2. Definitions

The following terms defined hereunder shall have the same context and meaning assigned to them for the whole of these Terms and Conditions and shall be jointly applicable to our Privacy Policy and any incidental documents to this Terms of Service

  • Terms and Conditions (T&C),Terms of Use, Terms of Service, Terms, Agreement shall mean all clauses, definitions, obligations, rights and incidental agreements contained set forth herein. This shall constitute the whole and complete agreement between you and us.
  • User, you, your shall mean the other party to the T&C who shall be the user of the Offering made by us on the Website.
  • Venuekart, www.Venuekart.Com, we, us, our shall mean Venuekart which is a Partnership firm having its registered office at B-103, Anand Vihar, Tragad IOC Road, Tragad Village, Ahmedabad, incorporated under the laws of India.
  • Website shall mean the internet Website www.Venuekart.com, which is wholly owned and managed by us.
  • Offering/Services shall mean and include the online service, which provides unbiased and objective social platform through which Merchants (e.g. Venue Owners) may list venues for the Members and the members may learn about these venues and book venues through the platform. Therefore Venuekart only provides product listing, information about Merchants, their products and other associated information and provides various communications, discovery, search or any such features and excludes any Offering provided to you by us under a separate written agreement.
  • Venue shall mean Venues that are listed and set up by the users on the Website where they put up the venue for business.
  • Intellectual Property rights, IPR means all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.
  • Membership shall mean the individual right guaranteed to you to use the Website and its Offerings in such manner as prescribed herein, in the form of an account which shall be maintained and used solely by you.
  • Member means a person who completes the Venuekart account registration process to rent a Venue as contemplated herein, as described under "Creating a Venuekart Account"
  • "Venue Owner" means a user of the Services who registers with Venuekart to create a Listing for Venues.
  • Merchant, Merchant, Brand shall mean those persons, business houses, companies that have created venues; on Venuekart that represent their businesses.
  • Guest User shall mean those users who have not registered either as Merchant or Shopper or Member on Venuekart but simply visiting the website and using publicly available offerings available for non-registered users.

 

3. Using or accessing the Venuekart Service

Affirmative action is required to use or access the Service. Your use or access of the Service, however, shall not impose any duty on Venuekart to provide you any particular service or access to any Service. You agree that you (a) have provided true, accurate, current, and complete information to any Social Networking Site and to us (Venuekart) in connection with any use or access of the Service; and (b) will maintain and update this information to keep it true, accurate, current, and complete. We reserve the right to terminate your access to the Service in the event we learn or believe any information provided may be false, inaccurate, not current, or incomplete. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief us. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

 

4. Services Provided by Venuekart

Venuekart does not sell its own products but acts as platform to link other Merchants. We provide various features like Venue listing, search, discovery, communication, booking and so on to our users. Our Services are to facilitate the listing, searching and booking of a Venue. Such Venues are made available by the Venue Owners. Venue Owners are also responsible for accommodating and fulfilling the appointments you make to visit a Venue in-person prior to booking the Venue (each a "Venue Visit") via the Services. You may view Listings as an unregistered visitor to the Services; however, if you wish to schedule an appointment to visit a Venue or book a Venue via the Services, you must first register to create an account ("Account") and become a Member. Venuekart is neither the owner or operator of Venues, nor is it a provider of such properties and Venuekart does not own, sell, resell, furnish, provide, rent, re-rent, host, manage and/or control Venues.

Venuekart's role is limited to facilitate the availability of the Services for Venue Owners and Members and to provide the related services. Venue Owners are independent contractors. Venuekart is not responsible for and disclaims any and all liability related to the actions of Venue Owners, Members, Third Parties and other users of the Services.

 

5. Rights and Obligations of Venuekart

5.1 Venuekart will attempt to continuously innovate in order to provide the best possible services for its users. You acknowledge and agree that the form and nature of the offering which Venuekart provides may change from time to time.

5.2 You acknowledge and agree that Venuekart may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at Venuekart’s sole discretion.

5.3 You acknowledge and agree that if Venuekart disables access to your account or login route, you may be prevented from accessing the services, your account details or any files or other content which is contained in your account.

5.4 You acknowledge and agree that while Venuekart may not currently limit your use of the services in any way, it may do so if that use hinders with the ability of Venuekart to carry on its operations or the ability of other customers to use the offering.

5.5 Venuekart shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof.

5.6 Users shall not represent yourself with a venue to which you are not associated with and shall not create any venue listing representing that business or list products that are owned (under any Intellectual Property or any such Acts) or authorised only by other Merchants. In case of such happening, the user shall be solely responsible for his act to the real owner of such businesses. The fake venues or unauthorized listing of products may be removed by Venuekart without providing any notice. Venuekart will not be responsible for any such act by any users.

 

6. Rights and Obligations of the User

6.1 In order to access the services, the user may be required to provide information about himself as part of the registration process or for his continued use. You agree that any registration information you will always be accurate, correct and up to date.

6.2 You agree to use the services only for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines.

6.3 You agree not to access (or attempt to access) the services by any means other than through the interface that is provided by Venuekart unless you have been specifically allowed to do so in a separate agreement with Venuekart. You specifically agree not to access (or attempt to access) any of the offering through any automated means (including through the use of scripts or web crawlers).

6.4 You agree that you will not engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering).

6.5 Unless you have been specifically permitted to do so in a separate agreement with Venuekart, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.

6.6 You agree that you are solely responsible for (and that Venuekart has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Venuekart may suffer) of any such breach.

 

7. Account Passwords and security

7.1 The user of Venuekart agrees and understands that he is responsible to Venuekart and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the services. You will be solely responsible for all activities that occur under your account.

7.2 Venuekart will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Venuekart database, Venuekart shall not be made liable for the resulting damages.

7.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at Venuekart immediately. You can write to info@Venuekart.com in such cases.

 

8. Limitations on Your Use

You agree to abide by all applicable local, state, national, and relevant international laws and regulations in using the Service, and not to use the Service for any purpose that is prohibited by the Terms of Use. You agree not: to (a) use Service for illegal purposes; (b) use Service in any manner which violates the rights of a third party, including without limitation intellectual property rights; (c) use the Service to post or otherwise communicate material which is unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, pornographic , obscene, indecent, confidential, proprietary or otherwise objectionable, ; (d) post any links to any external Internet website that are obscene or pornographic or to post or otherwise communicate commercial advertisements, chain letters, pyramid schemes, encoded binary files, job offers or listings or personal ads; (e) use the Service to provide materials which contain viruses or other contaminating or destructive features; (f) impersonates any person or entity, including any employee or representative of a third party; (g) cheat or copy in any form with respect to any Services offered; or (h) create an account or provide any other information under false pretenses, with false or incomplete information, or to mislead others.

Additionally, you shall not: (a) take any action that imposes or may impose (as determined by Venuekart in its sole discretion) an unreasonable or disproportionately large load on Venuekart (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Service or any activities conducted in connection with the Service; or (iii) bypass any measures Venuekart may use to prevent or restrict access to the Service. The Service is provided only for your own personal use.

 

9. Content offered in service

9.1 You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the service are the sole responsibility of the person from which such content originated. While Venuekart shall make best efforts to ensure that no indecent, objectionable, racist or hurtful content is published, Venuekart does not guarantee that such content will not be published, advertently or inadvertently by the users of the offering. You understand that by using the service you may be exposed to content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the offering at your own risk. On noticing any such content, it is your duty to bring it to the attention of Venuekart officials immediately, who will take due care to delete it from the service. You can raise such complaints by writing to ‘info@Venuekart.com

9.2 You should be aware that content presented to you as part of the services, including but not limited to advertisements and promotional material of Venuekart or other companies, is protected by intellectual property rights which are owned by Venuekart, or the sponsors or advertisers who provide that content to Venuekart (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) unless you have been specifically told that you may do so by Venuekart or by the owners of that content, in a separate agreement.

 

10. Your Agreement to our Rules and Regulations

10.1 Venuekart is not responsible for reviewing or authorizing content and materials freely posted in publicly accessible, interactive areas of the Service, such as Profiles. Acceptance of Venuekart’s Terms of Use constitutes your agreement to abide by any Conduct Rules or Regulations posted, as well as the restrictions and responsibilities outlined in these terms of use. You agree to take full responsibility and liability for the accuracy and appropriateness of any of your posted content, and any consequences that may arise from posting in public areas of the Service.

10.2 You may create, submit, post, display, transmit content or other material using the Service (“User Content”). Venuekart reserves the right to delete, move, or edit any User Content that it may determine, in its sole discretion, violates these Terms of Use or is otherwise unacceptable. Venuekart may delete, edit, or reject User Content at any time for any reason without notice to you. In particular, Venuekart reserves the right to remove content at the request of a third party copyright or other intellectual property owner. Any User Content you transmit or post using the Service will be treated as non-confidential and non-proprietary. You agree and warrant that your User Content is wholly original to you and you exclusively own all the rights to your User Content.

10.3 You agree that by using the Service, you grant Venuekart the right to convert, copy, display, edit, make derivative works, disclose, store, or otherwise use your User Content in any manner and in all forms or formats available now or in the future without any compensation to you or any other agreement. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentences.

10.4 Venuekart will not be held liable for any damages of any kind, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages (a) related to its use or rejection of any User Content; (b) arising from the use of the public posting areas of this Service or using the Service.; and (c) related to your viewing of any content using the Service that you may find offensive.

10.6 If a Venue owner has an objection regarding Venuekart creating their store and listing their products, the Merchant should write us on info@Venuekart.com or use appropriate options provided on Venuekart to unlist their business from Venuekart. We will take due care of remove such products from the platform after confirming the identity of the merchant and following a prescribed procedure. Such content will be removed immediately.

10.7 For the purpose of change and cancellation, the procedures and penalties vary depending on the policies of the applicable Venue Owner. Any such cancellation procedures and penalties are those of the Venue Owner and not of Venuekart, and Venuekart has no responsibility or liability in this regard. You agree that you will accept any terms, conditions and restrictions associated with any Venue imposed by the Venue Owner, including, but not limited to, any change or cancellation fees. If you have any complaints or questions about your experience with a Venue Owner or a Venue, or if you wish to cancel a booking made via the Services, please contact the applicable Venue Owner directly. If a Venue Owner cancels a booking, please contact Venuekart at info@Venuekart.com and Venuekart will address your request, in its sole discretion.

10.8 Venuekart is not responsible for resolving any disputes between Members and Venue Owners or processing any changes to or cancellations of bookings, and disclaims any and all liability in this regard. If you cancel a booking of a Venue, Venuekart will not refund any service fees charged by Venuekart to the Member or the Venue Owner for such booking. Consequently, the value of such service fees may be charged to you by a Venue Owner in addition to any other cancellation fees associated with a Venue Owner's cancellation policy, which will be described in the applicable Listing, or otherwise communicated to you by the Venue Owner.

 

11. Intellectual Property rights

11.1 You acknowledge and agree that all content, design elements, and materials available on this Service are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Service may violate copyright, trademark and other applicable laws.

11.2 Except as provided below, Venuekart and its affiliates and licensors retain all right, title and interest in and to the Service, excluding your User Content ("Venuekart’s Intellectual Property"). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the Venuekart’s intellectual property in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of Venuekart. You agree to use the Service only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the Venuekart application.

11.3 You cannot post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement can be sent to us in writing to the address located under the CONTACT US section on the Website.

 

12. Creating a Venuekart Account

12.1 When you create an Account, you will be required to furnish certain information regarding your email ID and other relevant information with which you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

12.2 You can register directly through the Site or via a Social Networking Site which we may support. By using your Social Networking Site account, you are allowing Venuekart to access your account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS.

12.3 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Services that violates these Customer Terms.

12.4 You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for the activities that occur under your Account.

 

13. Third Party Web Site Services, Links, Advertisements and Offers

The Service may contain links to other World Wide Web Internet sites. The Service also may utilize third party services, advertisements, offers and payment systems. Venuekart is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the Service or its contents or any association with its operators. Venuekart is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Venuekart be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator or webmaster.

 

14. License from Venuekart

14.1 Venuekart gives you a Personal Non-Exclusive license to use the software provided to you by Venuekart as part of the Service as provided to you by Venuekart. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Venuekart, in the manner permitted by these terms.

14.2 You are not entitled to commercially exploit, either directly or by sale, or transfer commercially or profit from the service and products.

14.3 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.

14.4 Unless Venuekart has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.

 

15. Indemnification

Your use of the Service constitutes your agreement to defend, indemnify, and hold harmless Venuekart and its affiliated entities, and their employees, contractors, officers, directors, agents and representatives, from any claim or demand, including reasonable attorneys' fees, arising out of your use or misuse of the Service or the use or misuse of contents of the Service by a third party even if using your password. This Indemnification section of the Terms of Service survives termination of your account with the Service or your use of the Service

 

16. How to book a Venue

16.1 The Venue Owners and not Venuekart, are solely responsible for fulfilling Venue Visits and bookings, and making available any Venues reserved through the Services. It is the Venue Owner and not Venuekart who would determine the amount due and payable by you to the Venue Owner for and related to a booking ("Venue Booking Fee") and the possible fee range for booking a Venue provided in the Listing.

16.2 You can make an inquiry regarding a Venue, request to schedule a Venue Visit or request a quote for a Venue Booking Fee for a Venue by completing an online inquiry form or offline or in any other way. Post this, a Venuekart representative may contact you. Venue Visits are subject to the approval of the Venue Owner. Please contact a Venuekart representative if you wish to cancel or reschedule a Venue Visit.

16.1 The Venue Owners and not Venuekart, are solely responsible for fulfilling Venue Visits and bookings, and making available any Venues reserved through the Services. It is the Venue Owner and not Venuekart who would determine the amount due and payable by you to the Venue Owner for and related to a booking ("Venue Booking Fee") and the possible fee range for booking a Venue provided in the Listing.

16.3 After you receive a response to your inquiry from Venuekart, including a quote, and your Venue Visit (should you choose to schedule one), you may contact Venuekart to make your booking via the Services. If the Venue you wish to book is available on the dates and at the times you request and you choose to book the Venue via the Services, Venuekart will either collect: (i) a deposit as a percentage of the Venue Booking Fee or a flat fee, in an amount not to exceed the Venue Booking Fee, or (ii) the entire Venue Booking Fee, on behalf of the Venue Owner at the time of booking. The Listing and/or quote provided to you will indicate whether a Deposit or the total Venue Booking Fee will be due at the time of booking.

16.4 In connection with your booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Venuekart or its third party payment processor. You agree to pay Venuekart for any bookings made in connection with your account in accordance with these Customer Terms and you hereby authorize the collection of such amounts on behalf of the Venue Owner by charging the credit card provided as part of making the booking, either directly by Venuekart or indirectly, via a third party online payment processor. If you are directed to Venuekart's third party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

16.5 Venuekart reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Deposit amount not to exceed the Venue Booking Fee associated with your booking or (ii) charge your credit card a nominal amount, not to exceed INR 50/- to verify your credit card. Once Venuekart receives confirmation of your booking from the applicable Venue Owner, Venuekart will collect the Deposit as well as the remaining balance, if applicable, in accordance with these Customer Terms. All Deposits and remaining balance are payable in INR. Once your booking transaction is complete, you will receive a confirmation email summarizing your booking and a copy of such confirmation will be available for review via your Account.

 

17. Ending your relationship with Venuekart

17.1 The Terms will continue to apply until terminated by either you or Venuekart as set out below

17.2 Venuekart may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or (B) Venuekart is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)

17.3 When these terms come to an end, all of the legal rights, obligations and liabilities that you and Venuekart are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.

 

18. Disputes with Users of the Service

Venuekart is not obligated to investigate, monitor, mediate or resolve any dispute you may have with another user of the Service although we may undertake such action in its sole discretion. In the event of a dispute with another user of the Service, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other user of the Service.

 

19. EXCLUSION OF WARRANTIES

19.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED AS IS AND AS AVAILABLE.

19.2 IN PARTICULAR, VENUEKART DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND

19.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND VENUEKART WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

19.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VENUEKART OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

19.5 VENUEKART FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

20. LIMITATION OF LIABILITY

20.1 SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT VENUEKART PROVIDES THE SERVICE "AS IS" AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICE OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. VENUEKART AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (a) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (b) ANY DEFECTS OR ERRORS WILL BE CORRECTED: (c) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF SUING THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

20.2 YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICE. VENUEKART SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR THE GAMES ON THE SERVICE, OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL VENUEKART ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF VENUEKART SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

21. Termination and Modification of the Service

These Terms of Use are effective until terminated. You agree that Venuekart may terminate your access to the Service at any time for any reason without prior notice or liability. Venuekart may change, suspend, modify or discontinue all or any aspect of the Service at any time, including the availability of any feature or game, without prior notice or liability. If you wish to terminate your access to the Service, you may simply discontinue using the Service.

 

22. Other content to which references are made, links are provided, etc.

22.1 The offering may include hyperlinks to other web sites or content or resources. Venuekart may have no control over any web sites or resources which are provided by companies or persons other than Venuekart.

22.2 You acknowledge and agree that Venuekart 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.

22.3 You acknowledge and agree that Venuekart is not liable for any loss or damage which may be incurred by you as a result of the non-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.

 

23. Changes to the Terms of use

We reserve the right, at our discretion, to update or revise these Terms of Use at any time. We will post such changes to these Terms of Use, and these additional or revised terms will become part of the agreement. Please check this Terms of Use document periodically for changes. Your continued use of the Service constitutes your binding acceptance of these Terms of Use, including any changes or modifications made by Venuekart as referenced above.

 

24. General legal terms

24.1 You will (as a result of, or through your use of the offering) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other offering, software or goods is subject to separate terms between you and the company or person concerned.

24.2 The terms constitute the legal agreement between you and Venuekart and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which Venuekart may provide to you under a separate written agreement), and completely replace any prior agreements between you and Venuekart in relation to the offering.

24.3 You agree that if Venuekart does not exercise or enforce any legal right or remedy which is contained in the terms (or which Venuekart has the benefit of under any applicable law),this will not be taken to be a formal waiver of Venuekart's rights and that those rights or remedies will still be available to Venuekart.

24.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.

24.5 The terms, and your relationship with Venuekart under the terms, shall be governed by the laws of India, and in particular the laws in the State of Gujarat shall be applicable and Courts in the city of Ahmedabad, Gujarat shall have jurisdiction.

24.6 You agree that if a dispute arises between You and Venuekart, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved by You and We, such dispute will be referred to binding mediation between the parties, and the decision of the mediation shall be final and bind both the parties. In the event that the mediation fails to yield a result, the parties shall compulsory refer the dispute to arbitration, with the arbitral panel consisting of three arbitrator, one arbitrator being chosen by each party and third being jointly appointed by the two arbitrators so chosen. If the arbitrators fail to form a common consensus to appoint the third arbitrator then the parties shall approach the Chief Justice of Gujarat High Court for the appointment of third arbitrator.

24.7 These Terms of Use are governed by and construed in accordance with the laws of Union of India, excluding conflict of interest laws. You agree to submit to the personal jurisdiction of the courts of the State of Gujarat, in the City of Ahmedabad for any cause of action arising out of or relating to the Service, or these Terms of Use. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. Venuekart may assign its rights under this Agreement without notice to you. You agree that any cause of action arising out of or relating to Venuekart’s web site must commence within one (1) year after the cause of action arose.

 

25. Feedback

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback") and you can submit Feedback by emailing us at info@Venuekart.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

By becoming a member of the Website and/or using the Offerings of the Website, you unconditionally and irrevocably confirm that you have read the above provisions and agree to abide by them.

 

You may address any of complaint, grievances and queries to any of the contact details available on our CONTACT US link on our home page or in the alternative your queries and complaints may also be e-mailed to us at info@Venuekart.com.