Party Hunt

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Party Hunt Terms and Conditions

Part A

Terms and Conditions

Last updated: April 3rd, 2021

These Terms and Conditions of Use form a legally binding contract between you (hereinafter referred to as “you” /“your”/ “User”) and Masquerade Technologies Private Limited (hereinafter referred to as “the Company” / “we” / “us”), being the owner of the Application.

Please read these Terms and Conditions of Use (“Terms”) carefully before proceeding, as by completing the registration process and/or by using the Application, you signify your agreement with these Terms and Conditions of Use and with its binding nature without protest or demur.

If you do not agree with any of these Terms and Conditions of Use, then please do not access the Application and/or complete the registration process on the Application. In case of any discrepancy between these Terms and Conditions of Use and any other content within the Application, these Terms and Conditions of Use shall prevail.

The following Terms and Conditions of Use apply to your use of the Company’s application (“the Application”) and to your registration for creating a user account on the Application and accessing the services and information provided by the Application.

The Company retains the right, at any time, to deny or suspend access to any or all sections of/services provided through the Application to any user, who the Company believes, has acted in contravention of any of the provisions of these Terms. The Company does not own any intellectual property rights in the content posted on the underground events (“Underground Events”) and assumes no liability in relation to the content posted on the Application for the Underground Events.

General

1. The Application is owned, maintained, and operated by M/s Masquerade Technologies Private Limited incorporated under the Companies Act, 2013, having its registered address at 18, New Vivekanand Colony University Road, Gwalior, Madhya Pradesh – 474002. The services offered by the Company vide*This application is based in the State of Goa alone, although the Application can be accessed from anywhere in India.

2. Through this Application, the Company runs a music-event promotion platform which provides its users with the following services (“Services”):

  • Allowing users to create a profile to build a social network to connect with other users having similar interests in music-related events;
  • Allowing users who are hosting/organising a music event to advertise the same on the Application for the rest of the user community;
  • Allowing users to access information about a music event, gig or party taking place within the State of Goa, filtering results for each user based on various factors such as type of event, distance, entry fee etc.;
  • Providing a platform where event industry professionals, stakeholders, and other entities establish their brand by connecting with the Party Hunt user community at large.

3. The Company does not host or organise events that are listed on the application but merely acts as a peer-to-peer platform connecting the Users and event organisers to provide easy access to such events. The User is aware that the Company disclaims all liability for anything that may occur at the parties or events listed in the Application, and that the User is solely responsible for assuming any related risks. The Company has no means to access the safety and security of any type at the events listed on the Application and does not conduct any background checks. The User is aware that he/she cannot hold the Company responsible for any accidents or hold the  Company accountable for anything that occurs at these events at any time. By using the Application, the User agrees that they have read, understood, and agrees to be governed by this provision at all times.

Account/Profile

4. An account can be made by you (the User) on the Application using your Facebook/Googles/Apple-ID email credentials. You may choose to skip registration and login from any of the aforementioned account credentials and remain a guest user. However, by not registering and login into the Application you may not be able to access all the features available on the Application, the Terms shall apply to any guest user equally as any other User.

5. The Company maintains a record of the log-in credentials you used to register with the Application. The Company is not liable for any misuse/unauthorised access to your account which is registered on the Application as you alone are responsible for maintaining the confidentiality of your log-in credentials such as username and password. You shall alone be responsible for ensuring restriction of any unauthorised access and use of services of this Application using your username and password, whether you have knowledge of the same or you authorise such access and use or not.

6. In case you become aware of any unauthorised access to your account or suspect that your log-in credentials are no longer confidential or your account details have been jeopardised, you shall forthwith inform the Company. Once you have informed the Company about any such breach of confidentiality, the Company may temporarily suspend your account to prevent any unlawful activity and till the time your account is not secured by you by resetting your log-in credentials.

7. You are advised not to access your account while being on public networks or using devices of unknown third parties in order to maintain the confidentiality of your log-in credentials.

8. You are also advised not to (i) select or use as a user name, the name of another person with the intent to impersonate that person; (ii) use as a user name, a name that is otherwise offensive, vulgar or obscene or intended to deceive.

9. The Company reserves the right to refuse registration of or cancel a user name in its sole discretion. You will be solely responsible for any and all activity that takes place in or through your account.
The Company also reserves the right, either by itself or through third parties, to offer alerts, newsletters, e-mails and other promotional offers to you based on the preferences that you identify during the registration process and at any time thereafter from your account on the Application.

10. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Application.

11. You are responsible for safeguarding the password that you use to access the Application and for any activities or actions under your password, whether your password is with our Application or a third-party service. 

Registration

12. Each user shall have only one registration and the Company reserves the right at its discretion to delete or cancel the membership of any user who in its opinion possesses more than one registration at any time.

13. In order to use all services offered through the Application or to access the contents thereof, you will be required to create an account on the Application. For the creation of an account, you will be required to complete the registration form and fill in certain details such as name, gender, age, nationality, any personal details (optional) and a picture. You acknowledge that the Company will rely on the information provided by you in the course of creating the account to be true and accurate. You will also be immediately informed of any changes to the information as would have been provided at the time of initial registration.

14. The Company further reserves the right, at its absolute discretion and without assigning any reason, to refuse any user from creating an account on the Application or to suspend or cancel an account. The Company also reserves the right to suspend or cancel at any time and without notice the account of any user who is found to be in breach of these Terms and Conditions of Use or if any user who in the reasonable opinion of the Company is guilty of conduct which is detrimental to the reputation of the Company.

15. If your account is suspended for violating these Terms, you will not make a new account without taking approval from us.

16. You can cancel your registration at any time by sending us an e-mail at contact@partyhunt.com the below email id. Upon receipt of such e-mail requesting to cancel the registration, the Company shall cancel your registration within 7 (seven) business days. However, upon such cancellation, you will no longer be able to use or utilize any service of the Application.

Use of Application

17. This Application is for your personal use. You shall not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or services obtained from this Application whether printed, visual, electronic, e-mail forwarding, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose. As a condition of your use of this Application, you hereby warrant that you will not use this Application for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or otherwise.

18. You further agree and acknowledge that any unauthorized or unlawful use of this Application would result in irreparable injury to the Company and/or its affiliates for which monetary damages may be inadequate, and in the such event Company and/or its affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to obtain immediate injunctive relief against you. Nothing contained in these Terms and Conditions of Use shall be construed to limit remedies available pursuant to statutory or other claims that Company and/or its affiliates may have under separate legal authority.

19. The Company out rightly prohibits the User from the following actions:

  • Use the platforms provided by this Application for any purpose other than as expressly permitted by the Company.
  • Not to hold the Company responsible for any links to other websites or applications which are beyond its control.
  • Not to hold the Company responsible for the third-party advertisements that may be placed/made use of in the Application. You acknowledge that such advertisements are placed by third parties and the Company is not directly or indirectly responsible for such advertisement or for any links contained therein.
  • Not to provide any link for payments that can circumvent the Application’s mobile payment mechanism. In case of such an event, your registration may be suspended without notice and appropriate legal action may be instituted against you.
  • Not to block the Company from using the user-generated content on its Application for any of the business purposes, even following the termination of your registration or membership.
  • Post on this Application any content, whether or not containing links, for any competitor of the Company.
  • The Application or any portion of this Application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not systematically extract and/or re-utilise parts of the contents of the Application without the express written consent of the Company. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Application without the express written consent of the Company.
  • Collect, post or submit on this Application any incomplete, fictitious, false or inaccurate biographical information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents thereto.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Application.
  • Upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional content, transmit junk mail, spam, hacker programs, chain letters, or other unsolicited bulk e-mail or duplicative messages or overload or ‘flood’ this Application’s systems and infrastructure.
  • Upload files that contain viruses, trojan horses, worms, cancelbots, corrupted files or any other similar harmful software or programs or malicious codes.
  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  • Download any file posted by another user of this Application that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of this Application.
  • Aggregate, copy or duplicate in any manner any content or information available from this Application.
  • Attempt to gain unauthorized access to this Application or its services, other users’ accounts or computer systems, through password mining or otherwise or engage in any systematic extraction of data or data fields, including without limitation e-mail addresses. The collection of e-mail addresses from the profile pages or from the database of any user for any use without the written permission of the Company and/or user is considered as theft and legal action will be taken against offenders.
  • Upload, share or otherwise distribute any text, graphics, images, videos or data which is unlawful, threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy or impersonates another person.
  • Upload, share or otherwise distribute any text, graphics, images, videos or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability

Purchases

20. Some features on the Application are accessible only after purchasing the package(s) available on the Application which is designed specifically for users in order to better serve them with information. Therefore, there may be some features that you may not be able to access without making the requisite payment for the same. Purchases include features such as better advertisement, personal notifications, social media marketing for the brand, music events etc. that are listed on the Application and updated from time to time. 

21. If you wish to purchase any product or service made available through the Application (“Purchase“), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. All purchases are done through the interface/payment gateway of Razorpay and none of the details submitted by the user for payments is stored by the Company in any form whatsoever. 

22. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

23. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

24. All benefits provided within the Application on making purchases are clearly explained within the Application prior to making the purchase and the Company is not liable for any other service being provided to the User upon making such payment. No benefit unless provided for in writing within the Application shall be deemed to be offered by the Company to any User.

25. The purchases made through the Application are only towards the utilisation of services through the Application and the Company plays no role in organising, managing or hosting the events. 

26. All purchases are final and non-refundable and there are no refunds or credits for using the paid features on the Application partially. You are advised to carefully read all the terms of the purchases on the Application before making any purchase. 

27. We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

28. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction or any transaction intended to corrupt the Application or our systems is suspected.

29. Any payment made towards a purchase is not credited into the account of the Company till the purchase is not concluded. The Company is not liable for any incomplete payment and the payment gateway shall alone be responsible for processing the refund if any and the user is requested to directly approach the payment gateway instead of the Company for seeking any refund. In case of any failure of payment being completed, we will try to resolve the issue with the payment gateway within a period of 48 hours, however, the liability to refund vests solely with the payment gateway.

30. Users who rely on a physical mode of payment for advertising their venues and events on the Application shall also be subject to these Terms of Use.  

Availability, Errors and Inaccuracies

31. We are constantly updating our offerings of products and services on the Application. In case the details about pricing, features and offerings available with respect to a particular purchase/service on the Application are displayed incorrectly due to a delay in updating the said details, the Company shall not be responsible as the User is expected to be using the latest version of the Application at all times. The said details shall only amount to an invitation to offer and not an offer in itself. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

32. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services advertised by any third-party user on the Application. No user shall make any claim whatsoever against the Company in case any information available on the Application uploaded by any other user is found to be inaccurate, false, misleading etc.

Contests, Sweepstakes and Promotions

33. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Application may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Content

34. Application allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Application, including its legality, reliability, and appropriateness.
35. By posting Content to the Application, you grant us the license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Application. You retain any and all of your rights to any Content you submit, post or display on or through the Application and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Application, who may also use your Content subject to these Terms.
36. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other statutory or common law rights of any person.
37. The Company advises its users to ensure that any and all content and information uploaded by any User on the Application is in compliance with and does not violate any of the provisions of these Terms and Conditions of Use. The Company reserves the right to filter any and all content and information as would be uploaded by the users prior to such content or videos being available to the other user of the Application and any decisions of the Company in this regard and filtering of any content and information would be final and binding on the users of the Application. The Company may decide to completely deny permission to upload content or remove the content already uploaded by the user in case it is found to be in violation of the Terms or considered inappropriate by the Company. In case the content is removed from the Application, no refund will be processed to the user and the user shall not be in a position to raise any claim against any such removal of content as this decision is completely within the domain and control of the Company.

Privacy

38. Your registration data and other information collected through the use of this Application are subject to our Privacy Policy. You acknowledge that through your use of this Application, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to governmental authorities for storage, processing and use by the Company and its affiliates. For more information, see our full privacy policy at Privacy Policy.

Intellectual Property

39. The Application and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company which the Company may on its own discretion and terms license to other parties without creating any ownership in the same in favour of the licensee. The Application is protected by intellectual property laws and other laws of both India and foreign countries. Our intellectual property may not be used in connection with any product or service without the prior written consent of the Company.
40. The Company does not own any intellectual property rights in the content posted on the underground events (“Underground Events”) and assumes no liability in relation to the content posted on the Application for the Underground Events.

Link to Other Websites

41. Our Application may contain links to third-party websites or services that are not owned or controlled by Masquerade Technologies Private Limited.
42. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Masquerade Technologies Private Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
43. This Application may contain hyperlinks to websites operated by parties other than the Company. Such hyperlinks are provided for your reference only. The Company does not control such websites and is not responsible for their contents. The Company’s inclusion of hyperlinks to such websites does not imply any endorsement of the material or content on such websites or any association with their operators.
44. The Company and/or its business partners may also present advertisements or promotional materials on or through this Application. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through this Application would be solely between you and such third-party. You hereby confirm and acknowledge that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on this Application.
45. Without limiting any of the disclaimers of warranty set forth in these Terms and Conditions of Use, the Company does not provide or make any representation as to the quality services provided through this Application, or any other representation, warranty or guarantee.
46. The User shall be solely responsible for your mode of accessing the Application and such access may involve the third-party fees including internet service provider charges etc. which shall be exclusively borne by the User.

Termination

47. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Application will immediately cease. If you wish to terminate your account, you may simply discontinue using the Application.

Limitation of Liability

48. In no event, the Company shall be liable to any User on account of such User’s use, misuse or reliance on the Application for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, contract, intellectual property infringement, tort (including negligence), even if Company is aware of or has been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the Application, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. The Company does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information disclosed on the Application.

49. The User assumes all responsibility and risk associated, if any, for the use of the Application and the internet generally.

50. The Company shall not be responsible for authenticity or verification of any data or information collected or provided by the business partners of the Company such as payment collection agent engaged, if any, by the Company.

51. The Company makes no claim about the correctness, safety or appropriateness of any information found on the Application or of any views expressed or information provided and available on the Application. The Company also does not make any claims concerning the results to be obtained from relying on the information available on the Application and consequently, the Company cannot be held liable for any non-performance of the services.

 

INDEMNITY

52. You agree to indemnify and hold the Company and/or its affiliates, service providers, licensors, etc., and each of their officers, directors, employees, agents and representatives harmless from and against any claims, suits, proceedings, disputes, demand, liabilities, damages, losses, costs and expenses (including without limitation, reasonable legal and accounting fees) in any way related to or arising out of:

  • your access to or use of the services provided through the Application;
  • any information, content, etc., uploaded by you on the Application;
  • your act or omission resulting in violation of any of the provisions of these Terms and Conditions of Use;
  • infringement by you, or anyone using your account, of the intellectual property rights or other rights of any person or entity.
  • Violation of any of the representations and warranties provided by you under these Terms.

53. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defense of these claims at your expense. You agree not to settle any matter for which you are required to indemnify us without our prior written consent in each case. The Company will use all reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it. However, the failure of the Company to notify would not affect your indemnification obligations under these Terms and Conditions of Use.

Disclaimer

  1. All such information and services are provided “as is” without warranty of any kind. The Company hereby disclaim all warranties and conditions with regard to the information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement and in no event shall Company and/or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the access or use of the services provided through the Application.
  2. The Company, its subsidiaries, affiliates, and its licensees do not warrant that a) the Application will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Application is free of viruses or other harmful components; or d) the results of using the Application will meet your requirements.
  3. The Company shall at no cost be held liable for any mishap or damage or injury caused at any of the events promoted through the Application as the Company takes no responsibility of ensuring the safety and security of the Users.

Governing Law

4. These Terms shall be governed and construed in accordance with the laws of Madhya Pradesh, India, without regard to its conflict of law provisions.
5. These Terms and Conditions of Use and any other terms or documents referred to herein represent your entire agreement with the Company with respect to your use of this Application. If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable laws, then the invalid or unenforceable provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law. In that event, the invalid or unenforceable provision shall also be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions of Use shall continue in effect.
6. Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.

Changes

7. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
8. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
9. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the services (or any part thereof) offered through this Application or the design and functionality of this Application, with or without notice and/or reason(s). You agree that Company shall not be liable either to you or to any third party for any modification, suspension or discontinuance of any of the services including without limitation any failure of performance, error, omission, interruption, deletion, loss of information, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous actions, negligence, or under any other cause or action.

REPRESENTATIONS AND WARRANTIES

10. You acknowledge, represent and warrant to the Company as follows:

  • You will be solely responsible for your use of this Application including content, material and information posted, published, submitted or otherwise disseminated by you through this Application. You will use this Application legally and only for the purposes that it is intended to be used for.
  • You will be solely responsible for obtaining and maintaining third-party consent for content, material and information of any third party posted, published, submitted or otherwise disseminated by you through this Application.
  • You will not, for example, be in breach of any obligations, contractual or statutory, to which you are subject or governed.
  • You will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
  • You will fully comply with these Terms and Conditions of Use.
  • You will be fully responsible for your use of this Application.
  • You acknowledge that the internet or the Company’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication, connectivity problems or other facts beyond the control of Company. You acknowledge that Company will not be held liable for any failure or inability to provide continuous, error-free, uninterrupted services under these or any other circumstances.

11. No Assignment: These Terms and Conditions of Use shall be personal to every user and you shall not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Company’s prior written consent. The Company reserves the right to assign or transfer all or any of its rights and obligations under these Terms and Conditions of Use to any of its affiliates or any other third party, without notice to you.

12. A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form

13. Any rights not expressly granted herein are reserved.

Part B

Ticketing Service Agreement

The Company is in the business of providing reservations, tickets, memberships, certificates, admissions, and/or confirmations that allow the ticket holder or purchaser (each, a “Patron”) attendance at, access to, or participation in, events (including streamed events), venues and other activities (each, an “Event”). You, as an Event organizer, are authorized to provide access to such Events. The parties, intending to be legally bound, hereby agree as follows:

1. OUR SERVICES AND RESPONSIBILITIES

The Company shall provide the following services (“Services”) under this Agreement:
(i) Display and list Your Event on Company’s Site and promoting the event (e.g., social media or email campaigns) including where applicable, streaming Your Event;
(ii) Collect all ticket sale proceeds on your behalf from the Patron and deduct all applicable Fees and the commission as mutually agreed under this agreement; and
(iii) The Company will then provide an accounting of its fees and transfer the remaining balance to You from the collected amount (event registration fees minus applicable Fees due to Company, including any prior balance due to Company for any reason) by the mode as authorized by you within 7 business days after the end date for the Event.

2. CHARGES AND REFUNDS

(A) REFUNDS.
It is Your responsibility to communicate Your refund policy to Patrons. In the situation of canceled or postponed Events, Your refund policy is superseded by Company’s refund policy as described in Subsection (B)(ii) below. You shall ensure that refund policy is consistent with the terms of this Agreement, the payment and refund processes included in the Services, and all applicable legal, regulatory and other governmental requirements. All communications or disputes regarding refunds are between You and the Patron, and Company will not be liable for any decision to issue or not issue refunds.

(i) Individual Refunds. If a Patron desires to request a refund, the Patron must request the refund through you. If you desire to fulfill the request, you can utilize the Services or contact the Company to process the refund. Only after your confirmation, the Company will proceed to issue f an Event is rescheduled, the Company will use its sole discretion the refund in a timely manner. In addition, the Company will NOT issue any refund to a Patron unless and until the Company have sufficient funds or have been received from you for the refund.

(ii) Canceled or Rescheduled Events. No payments shall be made to You by the Company with respect to any Event that is canceled. If an Event is canceled, a refund shall be issued to Patrons. You will be sent an invoice for all Fees due to the Company for such Event as mutually agreed in this agreement. Only upon payment of all such Fees, Company will issue a full refund to Patrons. If You fails to submit payment to Company for its fees in a timely manner, Company will process refunds for the canceled Event after deducting all applicable fees. You will be responsible for refunding the remaining balance directly to Patrons. The Company shall have no further liability or obligation.. If an Event is rescheduled, the Company will use its sole discretion to determine whether it is considered a cancellation and therefore subject to the refund policy described in this section.

(iii) Notwithstanding the foregoing, You acknowledge and agree that Company shall have the right (but not the obligation) to force or provide a refund to Patrons of any or all amounts paid for tickets at any time for any reason, including without limitation if Company receives complaints from a substantial number (as determined by Company in its sole discretion) of Patrons with respect to You or the applicable Event, or Company determines in its sole discretion that You has engaged in any fraudulent activity or made any misrepresentations. Company shall have no liability whatsoever towards you in connection with or arising from any such decision to force or provide refunds.

(B) CREDIT CARD CHARGEBACKS.

Under this agreement any credit card chargebacks initiated by a Patron for any reason with respect to an Event shall be charged back to you. The Company in its sole discretion shall either (i) deduct these costs from You outstanding balance, whether for that particular Event or for any other Event that such You lists through the Services; (ii) send an invoice to You for such costs if no balance exists; or (iii) charge the chargebacks to Your designated bank account(s). If payment for such invoice is not received by Company within thirty (30) days after the invoice date, Company reserves the right, at Company’s sole discretion, to terminate Your registration for the Services and to cancel all other Events listed by such You as provided herein. Company shall have no liability whatsoever for any damages, claims or losses incurred by You in connection with any such termination or cancellation. All communications and disputes regarding chargebacks are between you and Patron, and Company will not be responsible or liable in any way for chargebacks issued in the course of the use of the Service. For purposes of this Agreement, “chargebacks” shall mean the amounts that the merchant bank is charged back by a cardholder or a card issuer under the card organization’s rules (e.g. cardholder dispute, fraud, declined transaction, returned tickets for canceled events, etc.). Company will charge You a fixed fee per lost Chargeback to cover associated card fees.

(C) CONFIRMATION.

Upon receipt of a credit card authorization from each individual ticket purchaser, Company generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by Company through the Services (and not returned or voided), and it is Your responsibility to verify the applicable Patron’s membership status, confirmation number and/or any Event restrictions prior to the subject Event. If We determine that You are not honoring Our ticketing commitments, we reserve the right, in our sole discretion, to terminate your account without liability or further obligation.

(D) COLLECTION COSTS.

In the event that You do not pay to Company upon request any amount required to paid by You under this Agreement, Company shall be entitled to recover from You, in addition to any amounts otherwise owing, its reasonable costs of collection, including, without limitation, collection agency fees, reasonable attorneys’ fees, and court costs.

3. LAW, TAXES & WITHHOLDING.

You are responsible for abiding by all applicable laws in relation to an Event and indemnify and hold harmless the Company against all taxes or other governmental charges associated with Your Event or Your sale of tickets through the Services (except taxes based on Company’s net income). If the Company determines that it is required to collect or pay any such taxes or other charges, it may deduct such amounts from any balance payable to you under this Agreement or else invoice you for such taxes or other charges. 

4. EVENT RESTRICTIONS

When submitting Your Event to Company to be listed, it is your responsibility to provide to us any event restrictions associated with said Event. Any Event that requires a restriction for admission, including, but not limited to, age or organizational affiliation, or other characteristics or requirements, must be clearly stated by you upon submission to us. It is your responsibility to ensure that said restriction is lawful and does not violate any state or local laws, or any other applicable laws, prior to submitting the Event to us.

5. ACCESS; SAFEGUARDS

You understand and agree that the promotion/ ticketing platforms may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which We may undertake from time-to-time; or (iii) causes beyond Our reasonable control or which are not reasonably foreseeable by us, such acts of government or the malicious or criminal acts of third parties. You have established, and shall at all times during the term of this Agreement maintain and comply with, reasonable administrative, organizational, technical, and physical controls that prevent the Site from being accessed or used in any manner in violation of any applicable terms or other agreements between Company and ticket purchasers (including in violation of any prohibitions or use restrictions contained therein, such as prohibitions on copying the website or any of its content). You shall immediately notify the Company in writing upon becoming aware of any such conduct or activity. In addition to Your other indemnification obligations in this Agreement, You hereby agree to indemnify, defend, and hold harmless Company and its affiliates from and against any claims, actions, demands, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) incurred by the indemnities as a result of or in connection with any such conduct or activity.

6. REPRESENTATIONS AND WARRANTIES

You represent and warrant the following: (i) You are a producer, promoter, presenter, or manager of the Event; (ii) You have the authority and right to offer, sell, and honor the tickets to the Event sold on Our Site; (iii) the Event itself and any material or content provided by You to Us for use on Our Site is/are not (and does not contain, promote, or link to material or content that is) pornographic, defamatory, grossly offensive, harassing, malicious, illegal, or otherwise objectionable, and do not infringe or violate (or contain, promote or link to material or content that infringes or violates) the rights of any person or entity, including, but not limited to, copyright, trademark, trade secret, proprietary, intellectual property, and rights of privacy and/or publicity, whether by statute or common law; and (iv) the Event and the sale of tickets to the Event do not constitute a violation of any federal, state, and/or local law.

7. USE RESTRICTIONS

  • You will not use the Company promotion/ ticketing platforms or Service for unlawful purposes.
  • You will not submit, stream, or otherwise provide or make available any information or content that is defamatory, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the legal rights of third parties through or using the Company Site or Service.
  • You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Company Site or Service for purposes of creating or compiling that content for any purpose other than Your authorized use of the Company Site or Service as permitted by this Agreement.
  • You will not access, use, or copy any portion of the Company Site or Service, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
  • You will not use the Company Site or Service to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Company Site or Service or any computers, hardware, software, system, data, or networks.
  • You will not engage in activities that aim to render the Company Site or Service or associated services inoperable or to make their use more difficult.

8. DISCLAIMER OF WARRANTIES

Company’s promotion/ticketing platforms and services are provided ‘as is’ and ‘as available,’ without any warranty of any kind. Company does not warrant or guarantee the quality, completeness, timeliness, or availability of the promotion/ ticketing platforms or services. Company does not warrant or guarantee that the promotion/ ticketing platforms or services will be uninterrupted or error free, that any defects in the site or services will be corrected, or that the promotion/ ticketing platforms or services are free of viruses or other harmful conditions or components.

To the maximum extent permitted by applicable law, company expressly disclaims all warranties of any kind with respect to the promotion/ ticketing platforms and services, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, and non-infringement, as well as any arising by operation of law or from a course of dealing or usage in trade. Company has no responsibility for the timeliness, deletion, misdelivery, or failure to store any content or user communication.

9. INDEMNITY FOR THIRD-PARTY ACTIONS

To the fullest extent permitted by applicable law, you agree to indemnify, defend, release and hold harmless company, its affiliates, and their respective licensors and suppliers (collectively, the “company parties”) from and against (i) all claims, losses, liabilities, settlements, fines, penalties, actions, lawsuits and legal actions brought by any third party against any of the company parties arising from or relating to (a) your use of the company site or any services offered by company; (b) your violation of these terms; (c) any content or feedback you provide; (d) your violation of any law or the rights of any third party; (e) any cancellation, postponement, rescheduling, or delay of an event; or (f) any allegation that the content you provide or data or information you input into the company site infringes, misappropriates, or violates the intellectual property rights of a third party (collectively, “third-party actions”); and (ii) any and all losses, damages, liabilities, settlements, judgments and expenses (including payment of the company parties’ attorneys’ fees and costs) incurred by any of the company parties, assessed or found against any of the company parties, or made by any of the company parties, relating to or arising from any such third-party action (collectively, “third party related losses”). However, nothing contained herein shall be construed to require any indemnification that would render or make this clause, in whole or in part, void and/or unenforceable under applicable law. Further, your indemnification obligation shall not apply to any willful, wanton, intentional or reckless misconduct of the company parties, or gross negligence of the company parties in those states that do not permit indemnification for gross negligence. “Third Party” includes, among others, other users of the company site, your spouse, partner, family members, guests, neighbors, roommates, tenants, and employees, and any insurance company.

10. MISREPRESENTATION OF EVENT

The Event must be accurately and truthfully described when you submits the Event listing to Company to be posted on the Site. If we discover and determine, in our sole discretion, that you misrepresented the Event, We will cancel the Event and may issue a refund to ticket purchasers as provided in this Agreement and terminate your account and any other Events submitted by You will be canceled pursuant to this Agreement and Company reserves the right to take other actions or pursue additional remedies as permitted by law.

11. TECHNICAL SUPPORT

Company will provide technical and other customer support to you by which you may obtain technical assistance in dealing with any difficulties which may arise in connection with your use of Our Site. You may access support at contact@partyhunt.com. We attempt to provide such support in a timely manner, but make no guarantees that we will respond to your inquiry by a particular time.

12. CONFIDENTIALITY AND NON-DISCLOSURE

You understand and acknowledge that Company is the owner of valuable trade secrets and confidential, non-public, and proprietary information (collectively “Confidential Information”) and acknowledge that the services which We perform involve the furnishing of Confidential Information to You including, but not limited to: (i) customer names, mailing addresses, and other personally-identifiable information; (ii) sales; (iii) market demographics; (iv) pricing; and (v) business strategy, and that the goodwill and competitive position of Company depend, in part, upon You keeping such Confidential Information confidential. You agree to use Your best efforts to protect Our Confidential Information and to implement security measures to keep said Confidential Information confidential. Except pursuant to court order or the prior written consent of Us, You agree that You shall not disclose, distribute, sell, license, transmit, or disseminate any Confidential Information to any other party or permit or cause any unauthorized party to disclose, examine, and/or reproduce any reports, documents, transmissions, or data containing Confidential Information prepared or owned by Us. If You are requested or required to disclose Confidential Information pursuant to legal proceedings, You shall promptly notify Us so that We may prepare a response to said legal proceedings and You shall cooperate with Our efforts to obtain a suitable protective order.

13. NON-SOLICITATION

You agree that You shall not solicit or contact for the purpose of soliciting, or assist anyone else in soliciting or contacting for the purpose of soliciting, via e-mail or through other means, any of Our customers (including any Patron or You interact with through the Site or the Services) in order to purchase, buy, acquire, or obtain any other product, service, or other solicitation, or for the purpose of terminating, altering, or in any way modifying Our customers’ relationship with Us.

14. TERMINATION

Except as provided elsewhere in this Agreement, either party may terminate this Agreement at any time upon 30 calendar days notice. If you terminate this Agreement after you have submitted your Event to us, your Event shall be canceled as provided in this Agreement.

15. REFERENCES

You grant us a limited, worldwide, royalty-free license to reproduce and use Your company or organization name, logos and trademarks (and to authorize our service providers and media outlets to do so) in advertising or promotional materials, in any and all media (including print and Internet), whether now or hereafter existing, for the purpose of referring to You as a Company customer and/or describing our Services for You.

Contact Us

If you have any questions about these Terms, please contact us at contact@partyhunt.com