TERMS AND CONDITIONS - CUSTOMER
Last updated: 15th March,2016
Welcome to Happydemic!!
Please read these terms and conditions (“Terms”) which govern your use of the platform and the provisions of Services via this platform offered to you.
Additionally, the Artist shall be bound by these Terms in relation to the clauses pertaining to Fees and Payments, Cancellation of Booking and Refunds, Artists and other Partners, Limitation of Liability and Warranty Disclaimer where the reference so deems necessary.
If You do not agree to be bound by the Terms, please do not access or use the Services and/or Platform.
1.1 “Application” means the Companys software application named Happydemic which can be downloaded/installed on mobile phones, tablets or any other device known today or in the future.
1.2 “Artists” means artists, performers, and other talent who provide services to the Customers on the Companys platform on request from the Customer and are allowed to upload their Works on the Platform.
1.3 “Audio” means any original or remixed audio or a link to a third party website containing an audio of a length of not more than three minutes and is of high quality.
1.4 “Fees” means the consideration that needs to be paid to the Artist for his performance.
1.4.1 In the event of local performances, this includes his fees for performance as well as all other costs inter alia equipment, green room, security etc
1.4.2 In the event of outstation performances, this includes his costs as mentioned in Clause above as well as his travel, stay and other expenses.
1.5 “Force Majeure Event” includes fire, earthquake, flood, epidemic, strike, lockout, labour controversy, riot, civil disturbance, war, civil commotion, acts of God, failure or delay of any transportation agency, laboratory, or any other furnisher of essential supplies, equipment, or other facilities, omissions or acts of public authorities that prevent or delay the performance of an obligation relating to the acts of public authorities, including changes in law, regulations, or the policies of the Government, or other regulatory authority acts which are beyond the control of any Party or Artist, or any other reasons which cannot reasonably be forecasted or provided against, and which cannot be predicted by men of ordinary prudence.
1.6 “PayU biz” means PayU biz Payments Private Limited, which provides payment solutions including electronic wallet services, and payment gateway services to Users, directly and / or through the Platform.
1.7 “Payment Gateway” means PayU Biz or any other payment gateway service provider that Company authorizes and designates from time to time,
1.8 “Personal Information” means information including but not limited to:
(iii) Date Of Birth
(iv) Email Address
(vi) Contact Number
(vii) Debit card or credit card or other payment instrument details
(viii) Password or any such information that is considered to be sensitive information as per the applicable law and capable of identifying a person.
1.9 “Platform” means the Website as well as the Application
1.10 “Services” means the services provided by the Company through its Platform which includes service of:
1.10.1 Permitting the Users/Customer to create an account through the Platform
1.10.2 Providing the Platform and infrastructure for providing services in relation to aggregation of Artists
1.10.3 Allowing an Artist to upload his Works on the Platform
1.10.4 Allowing the User/Customer to search and browse for various Artists within their budget
1.10.5 Permitting the Users/Customer to view the Works of the Artists
1.10.6 Permitting the Users to book and pay for the performance of the Artists
1.10.7 Liaising with the Artists for coordination as provided in these Terms
1.11 “Video” means any original or remixed video or a link to a third party website containing a video of a length of not more than three minutes and is of high quality.
1.12 “Works” means any Video and optionally an Audio of the artistic work of the Artist as uploaded by him on the Platform
2. Creating a user account and use of the Platform and its Services:
2.1. You represent and warrant that You are of legal age as per the laws of India and are eligible to enter into legally binding contracts. You agree not to download/install/use the Platform, use its features and Services if You do not satisfy this criteria.
2.2 You will be required to download/install the Application or access the Website and create a new account. For this purpose you will be required to share your Personal Information such as your email address, contact number, password and other information as mandated in the account opening form. Optionally You can also upload Your image to personalize Your account.
2.3 We shall send You an One Time Password (“OTP”), on your registered contact number, for the purpose of authentication of Your information. Only upon such authentication will you be able to login to Your account (“OTP Verification”) and browse /search artists. However, no bookings can be made until the Identity Proof Verification under Clause 2.4.
2.4 However, for the purpose of verification and booking an Artist, upon login, You will be required to upload your Pan Card /Aadhar Card/ Passport First and Last Page /Valid Driving License (“ID Proof”)[Yes. The ID Proof will be manually verified and Your verification will be completed within 48 hours of providing them. (“Identity Proof Verification”)
2.5 Only upon completion of Clause 2.3(OTP Verification) and Clause 2.4 (Identity Proof Verification) will You be able to book an Artist of your choice.
2.6 Notwithstanding the above, the Company in certain circumstances may require further authentication steps as the case may be.
2.7 If You are accessing the Website and/or downloading/installing the Application and availing the Service on behalf of a company or any legal entity, then You are required to have the legal authority which binds the company or the legal entity to the Terms. In such a case the company will be liable for all the obligations and all the Terms which are applicable to You personally, including the payment obligations.
2.8 You are solely responsible for maintaining the confidentiality of your username and password at all times. In the event anyone uses Your login information with or without your permission the Company takes no responsibility for any activities including transactions that may have occurred in your account.
2.9 The Company stores your password only for the purpose of enabling access to Your account. The Company may assist you in retrieval or changing the password after verifying Your identity.
2.10 Subject to the Terms set forth herein, the Company grants You a personal, non-exclusive, non-transferable, non-sub licensable, limited right to access and use the Platform and the contents therein.
2.11 A User represents and warrants that User may not use the Platform:
2.11.1 For any purpose that is unlawful, illegal or forbidden by law.
2.11.2 To infringe any copyright and other proprietary material contained in any content of the Company or the Artist on the Platform.
2.11.3 To transfer the content on this Platform to any other person unless the User gives such person notice of, and such person agrees to accept, the obligations arising under these Terms.
2.11.4 To copy, decompile, reverse engineer, or otherwise attempt to discover any source code, sell, assign or otherwise transfer any intellectual property in the Platform and / or Services other than as agreed in the Terms.
2.11.5 In any manner other than as agreed in the Terms.
2.13 The Company may, at its sole discretion, at any time and without prior notice or liability, suspend, terminate or restrict any Users access to all or any component of the Application and the Services.
2.14 Notwithstanding anything contained herein, Company reserves the right to deny or terminate the user accounts to any Artist at its discretion
3. The Company Services
3.1 As a part of the Services the Company provides its Users the opportunity to view its Artists Works as posted by them on the Platform.
3.2 The Users can send a request to book the Artists of their choice for a specific date and time. For this the User can send a request via the Platform to book an Artist.(“Request for Booking”)
3.3 The Artist will be notified by the Platform with the details of the Request for Booking, to which the Artist is expected to revert within 48 hours.
3.4 In the event the Artist does not revert within 48 hours the Request for Booking will be automatically cancelled. The Company shall have no responsibility or obligation to ensure a guaranteed revert from the Artist and will not be liable to You for any failure on part of the Artist to do so or any loss or damage to You arising from the Artists failure to do so. You also acknowledge that the Artist shall not have any obligation to You to provide a revert (whether positive or negative) to such Request for Booking and shall not be responsible for any loss or damage to You arising from the Artists failure to do so.
3.5 If the Artist does confirm his availability for the details as provided in the Request for Booking, the Customer/You are required to pay his Fees as mentioned by the Artist within a period of 48 hours. If not confirmed by payment, the Request of Booking will stand cancelled.
3.6 A Request for Booking is confirmed only upon satisfactory completion of payment of such Fees. (“Booking“)
3.7 Payments can be made in the ways as detailed in clause 4 below.
3.8 Once the booking is made the same can be cancelled by either the Artist or You as per clause 5 below.
3.9 You understand, acknowledge and accept that the Company is not responsible in the event
3.9.1 That the Artist cancels his Booking for any reason and at any time whatsoever or any loss or damage accruing to You owing to such cancellation, Your only rights being against the Artist themselves
3.9.2 You enter the incorrect details (i.e. date, time, city) for your Request for Booking and thereafter confirm such a Booking.
3.9.3 You wish to cancel a Booking and any losses or damage arising to You owing to such cancellation,
3.9.4 Cancellation of the Booking owing to any Force Majeure Event or any losses or damages arising out of the same.
3.9.5 Any misbehavior or untoward actions, misrepresentation, fraudulent act or omission, negligence or default by the Artist at the time of performance and any liability, losses or damages arising owing to such act or omission, Your only rights being against the Artist themselves
3.9.6 The Customer and the Artist Acknowledge that they will be bound by the Code of Conduct
4. Fees and Payments
4.1 At the time of Booking, a Customer is allowed to make payments through
(i)PayU biz payment gateway or
(ii)Any other payment gateway designated and authorized by Company from time to time or
(iii)NEFT or RTGS transfer to Axis Bank
(iv)Cheque favoring “Happy Gaana Entertainment Pvt.Ltd.” BANK NAME : AXIS BANK LIMITED BRANCH : S V ROAD, ANDHERI WEST, MUMBAI 400 058 ACCOUNT NO: 915020051861381 IFSC CODE: UTIB0000740 MICR NO.: 400211061 You acknowledge that the Company and Artist are free to commercially agree to any sharing of the payments made hereunder. For the purposes of clarity, all the Fees are inclusive of taxes and Companys service charges from the Artist.
5. Cancellation of Booking and Refunds
The Booking can be cancelled by either the Artist or the Customer.
5.1 Cancellation by Artist:
In the event the Artist cancels the Booking, a) the entire Fee will be refunded to You by Company within 7 days From ?. [7 days from the date of the approval from the Companys confirmation of the booking be cancelled.]
5.2 Cancellation by Customer:
5.2.1 You are allowed to cancel your Booking for any reason whatsoever.
5.2.2 For the purpose of cancellation you will be required to send an email to email@example.com along with your Booking reference number, Event Date, Artist Name and Total amount paid.
5.2.3 The Company shall acknowledge the request through its automatic email response system.
5.2.4 For the purpose of cancellation you will be charged a penalty and refunded the remaining Fees as per the schedule below:
i) In the event the Booking is cancelled by You 45 days or longer before the event, 90% of the Fee will be refunded.
ii) In the event the Booking is cancelled by You between 21 and 44 days before the event, only 50% of the Fee will be refunded.c) In the event the Booking is cancelled by You within 20 days of the event, you are entitled to no refund.
5.3 Company shall notify you through an e-mail of the total amount refundable to You, the mode of payment and the likely date by which You can expect the refund.
5.4 All cancellations will be processed manually, and not via PayUBiz or any payment gateway. Additionally, all refunds will be sent to You vide a cheque at the address as provided in your government authorized identity card as submitted at the time of verification in Clause 2.4 above.
6. Artists and other Partners
6.1 The Company has entered into agreements with PayU biz and the Artists, by way of which Users are able to make payments in relation to the Booking of the Artists, using the Platform. The Users acknowledge and agree that HappyGanna only acts as a facilitator and is not liable for the quality of performance/delay in arrival /acts etc. of the Artist.
6.2 The Platform facilitates Users access to PayU biz and other payment gateways to transfer money from their accounts for the purpose of payment of Fees to The Company. The User acknowledges and agrees that The Company only facilitates access to such payment gateways, and is not liable for ensuring that such transfers are processed accurately.
6.3 The User accepts and acknowledges that The Company is not liable for cancelling, refunding and/or processing any transaction that takes place through PayU biz or any other payment gateway.
6.4 In the event of any delay or failure in such transfers, The Company may at its sole discretion assist You and facilitate the transfers or the return of any money deducted from Your account. However, such assistance / facilitation shall not be tantamount to any admission of liability by The Company in relation to the PayU bizs or the payment gateways payment solution, or the processing of payments.
6.5 Relationship between The Company and PayU biz/any other payment gateway and The Company and Artist is on principal to principal basis and nothing contained hereunder shall be construed to mean that the Company or the Artist are agents of one another. The Company is not responsible for any failure or deficiency in services rendered by PayU biz or the Artists.
6.6 The Company may in the future, tie up with various other third parties for the provision of Services.
6.7 Any display of third party goods / services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship or approval of The Company by any such third parties (including Artists). The Companys display of specific options does not suggest any recommendation or endorsement by The Company of those services.
6.8 The User agrees that The Company is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from Artists or third parties and which may be posted on the Platform and as may be amended from time to time. The Users interaction with any third party accessed through the Platform is at the Users own risk, and The Company will have no liability or obligation with respect to the acts, omissions, errors, representations, warranties, breaches and/or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from the Users interactions with such third parties or availing any goods / services from such third parties.
7. Links to Third Parties:
7.1 The Company may provide links to various third parties including but not limited to PayU biz, Youtube, etc. on its Platform. You accept and acknowledge that if such third party link directs You to an external website, The Company is not responsible for any or all content on such third party website. If You decide to visit any such external link, You agree to do so at your own risk, responsibility and liability.
7.2 The Company makes no warranties, representation or endorsements relating to the content, information, products or services as may be appearing on these websites. The Company does not endorse any service provider listed on its Website or Application.
9. Proprietary Rights:
9.1 All trademarks, service marks, logo marks and designs (collectively called as “Marks”) displayed on the Platform whether registered or unregistered are the sole property of the Company and/or its licensors. All rights to such Marks are reserved. You cannot use these Marks without written permission from the Company and/or its licensors as the case may be who have the sole authority to decide if such Mark should be licensed to You for Your use.
9.2 You are not allowed to use any of the content or intellectual property without the Company and/or its licensors written permission.
To the extent permitted under applicable law, You agree to defend, indemnify and hold harmless The Company or its affiliates, third parties and their respective officers, directors, agents and employees from any claim or demand, or actions including reasonable attorney fees, made by any third party or penalty imposed due to or arising out of
(i) your breach of the Terms or
(ii) your violation of any laws, rules or regulations or the rights of a third party.
11. Governing Law And Dispute Resolution:
11.1 This Agreement is governed by the laws of India. Subject to the provisions of Section 11.2 below, the competent courts of Mumbai shall have jurisdiction in respect of any matter or dispute connected with this Agreement.
11.2 Any dispute or difference between the Parties arising out of, from or relating to anything contained in this Agreement, shall be referred to and resolved by binding arbitration under the Singapore International Arbitration Centre (“SIAC”) Rules. There shall be one arbitrator appointed in accordance with SIAC Rules.
11.3 The seat and venue of arbitration shall be Mumbai and the arbitration proceedings shall be conducted in English. The award of the arbitrator shall be final and conclusive and binding upon the Parties and non-appealable to the extent permitted by applicable law. The Parties shall equally share the costs of the fees of the arbitrator, but shall independently bear the costs of their own legal counsel engaged for the purpose of the arbitration
12. Limitation of Liability
12.1. The Company (including its officers, directors, employees, representatives, affiliates, Artists, partners and providers) will not be responsible or liable for 12.1.1. any injury, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with
(i) any failure or delay (including without limitation the use of or inability to use any component of the Platform or the Services), in the provision of the Services of the Platform; or
(ii) any use of the Platform or content available on the Platform, or
(iii) the performance or non-performance by The Company, Artist, PayU biz and other payment gateways or any third party partner or service provider, even if The Company has been advised of the possibility of damages to such parties or any other party, or;
12.2 any damages to or viruses that may infect a Users computer equipment or other property as the result of the Users access to the Platform or the Users downloading of any content from the Platform.
12.3 To the extent that any jurisdiction does not allow the exclusion or limitation of direct, indirect, remote, exemplary, incidental, special or consequential damages, or punitive damages, the above limitation or exclusion may not apply and in such cases, you hereby agree that our aggregate liability towards you, under any circumstances or in any event shall not exceed INR 1000 which is a reasonable estimation of the losses and damages caused.
13. Warranty Disclaimer
13.1 The Platform and Services as provided by the Company are provided on an “AS IS” and “AS AVAILABLE” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
(i) the content on the Platform is up-to-date, complete, comprehensive, accurate or applicable to the Users circumstances;
(ii) the Platform will meet any Users requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
(iii) the results that may be obtained from the use of the Platform or Services offered through the Platform will be accurate or reliable; or
13.3 The Platform content may contain inaccuracies and typographical errors. The Company does not warrant the accuracy or completeness of any such content or the reliability of any advice, opinion, statement, memorandum or other information displayed or distributed through the Platform.
13.4 The Company disclaims any and all warranties whether express or implied, with respect to any service, materials, the operation of the Platform or the information, content, quotes or products, if any, that are on the Platform. The Company excludes liability for any claims, losses, demands or damages of any kind whatsoever, including but not limited to direct, indirect, incidental, or consequential loss or damages, compensatory damages, loss of profits, or data or otherwise.
13.5 Neither The Company and/or its affiliate(s)/ related entities nor people involved in the creation, production and distribution of The Companys Services warrant that the functions and links contained will be uninterrupted, error free, bott free or free of viruses and/or any harmful and inappropriate content.
14. Additional Terms and Conditions
14.1 You may not assign or otherwise transfer the User Account or your rights or obligations under these Terms. The Company may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to You.
14.2 Any failure by The Company to act on a breach of these Terms by a User on any occasion, is not a waiver of The Companys right to act with respect to future or similar breaches.
14.3 Usage of the Platform following the posting of notice of any modification will be subject to the Terms in effect at the time of usage. If a User objects to these Terms or any subsequent modifications to these Terms or become dissatisfied with the Platform and/or the Services in any way, the Users only recourse is to immediately terminate use of the Platform and the Services.
14.4 If any of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will continue to remain valid and enforceable.
14.5 These Terms, together with those agreements and policies made a part of these Terms by reference, make up the entire agreement between The Company and the User relating to such Users use of the Platform and the Services.
14.6 Each User acknowledges that such User has read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
14.7 The User shall be responsible to continually update and upgrade the Application with the updates, bug fixes, patches, upgrades etc. that the Company provides from time to time to ensure that the Application works in order.
15. Waiver and Severability
Under no circumstances will these Terms be deemed to be waived for any other rights or provisions. In the event of any of these Terms being considered invalid or if not enforceable in any jurisdiction due to conflict with local applicable laws, all other provisions will continue to be in effect. In the event, the material clauses are held invalid, and the parties are interested in continuing their relation, the parties may reach a legally acceptable amicable solution within 15 days of knowledge of the inapplicability of the Terms and the same being conveyed to the other party.