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Terms & Conditions

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Terms of Use

Last Updated: 27th June, 2020

A. ACCEPTANCE OF TERMS

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute a legally-binding agreement between you, whether personally or on behalf of an entity (“you”) and EventShip (“Company”, “we”, “us”, or “our”) concerning your access to and use of www.eventship.in website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively the “Site”). The site provides an online marketplace for the following goods, products, and/or services: “event essentials” (the “Marketplace offerings”). It also provides astrological content, reports, data, video and text consultations (“Content”) via the World Wide Web, electronic mail and other online portals. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the EventShip website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and EventShip products/services available through the domain and sub-domains of EventShip located at www.eventship.in (collectively referred to herein as the “Website”), and (ii) the online transactions between those users of the Website who are offering services (each, a “Service Professional”) and those users of the Website who are obtaining services (each, an “End User”) through the Website (such services, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website.

By accessing or using our Services or buying our products, you agree to be bound to all of the terms and conditions described in these Terms of Use. If you do not agree to all of these terms and conditions, kindly discontinue viewing or participating in this Website immediately.

Please contact us at [email protected] for any questions regarding these Terms of Use.

THE WEBSITE SERVES AS AN ONLINE PLATFORM THROUGH WHICH CUSTOMERS CAN PURCHASE PRODUCTS, OR SERVICE PROFESSIONALS MAY LIST SERVICES AND END USERS MAY CHOOSE AND USE THE SERVICES OF THEIR CHOICE. YOU UNDERSTAND AND AGREE THAT EVENTSHIP’S SERVICES BRING SERVICE PROFESSIONALS AND END USERS TOGETHER; HOWEVER, EVENTSHIP IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SERVICE PROFESSIONALS AND END USERS. AS A RESULT, EVENTSHIP HAS NO CONTROL OVER THE CONDUCT OF SERVICE PROFESSIONALS OR END USERS VIA THE SERVICES FEATURED ON THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

By clicking on the “I have read and agree to the terms of service” button or by accessing or using the services, or by purchasing the products, you agree to be bound by these terms of use whether or not you have registered on the platform. All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Use and, in that case, “you” and “your” will refer and apply to that business.

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable EventShip regulations, guidelines and additional policies that EventShip may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that EventShip publishes on the Website. You hereby agree to comply with the Additional Policies and your obligations thereunder at all times.

  1. MODIFICATIONS TO TERMS OF USE

EventShip, may, at its sole discretion, change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and without prior notice, and EventShip will post the amended Terms of Use at the domain of www.eventship.in/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

  1. PRIVACY POLICY

EventShip has established a Privacy Policy that explains to users how their information is collected and used. Your use of this Website is governed by the Privacy Policy.

The Privacy Policy is available at: Privacy Policy

B. MEMBERSHIP AND ACCESSIBILITY

  1. LICENSE TO ACCESS

Subject to your compliance with the Terms of Use, EventShip grants you a limited, non-exclusive, revocable, non-transferable license (without the right to sublicense), to access, use the Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without EventShip’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

  1. MEMBERSHIP ELIGIBILITY CRITERIA

The use of website is intended solely for persons who are at least 18 years old and can form legally binding contracts under applicable law. Any access to or use of the website by anyone under 18 is expressly prohibited. By accessing or using the website, you represent and warrant that you are 18 or older, and that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms of Use; (d) you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (e) you will not use the Site for any illegal or unauthorized purpose; and (f) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You need not register with EventShip to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to EventShip in providing you with a more customized experience when using the Website. You may also register for an Account using your existing Facebook account and log-in credentials (your “Third-Party Site Password”).

You are solely responsible for safeguarding your EventShip password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify EventShip immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without EventShip’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website.

You hereby expressly acknowledge and agree that you yourself and not EventShip will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of EventShip or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered User.”

ACCOUNT POLICIES

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Post, upload, publish, submit or transmit any Content (sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; or (viii) advertises or solicits a business not related to or appropriate for the Website (as determined by EventShip in its sole discretion);
  3. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  4. Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  5. Use the Site to advertise or offer to sell goods and services.
  6. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  7. Engage in unauthorized framing of or linking to the Site.
  8. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  9. Collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
  10. Make improper use of our support services or submit false reports of abuse or misconduct.
  11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  12. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  13. Attempt to impersonate another user or person or use the username of another user.
  14. Sell or otherwise transfer your profile.
  15. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  16. Attempt to collect Service Professionals or End Users information, including but not limited to, names, addresses, phone numbers, or email addresses, or copy copyrighted text.
  17. Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  18. Recruit, solicit, or contact in any form Service Professionals or End Users for employment or contracting for a business not affiliated with EventShip without express written permission from EventShip.
  19. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  20. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  21. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
  22. Delete the copyright or other proprietary rights notice from any Content.
  23. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  24. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
  25. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  26. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  27. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  28. Use the Site in a manner inconsistent with any applicable laws or regulations.

C. MARKETPLACE OFFERINGS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace Offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

D. PURCHASES AND PAYMENT

We accept the following forms of payment:

–  Visa

–  Mastercard

– Cash On Delivery

– Wallet

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Applicable Tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Indian Rupees (INR).

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

E. CONTENT ON EVENTSHIP

“Content” means text, graphics, images, music, software, audio, video, information, works of authorship or other materials. “EventShip Content” means all Content that EventShip makes available through the Products or Services, including any Content licensed from a third party, but excluding End User Content and Service Professional Content. “End User Content” means all Content that an End User posts, uploads, publishes, submits or transmits to be made available through the Services. “Website Content” means End User Content, Service Professional Content and EventShip Content. “Service Professional Content” means all Content that a Service Professional posts, uploads, publishes, submits or transmits to be made available through the Services.

Other than the guidance and advice you receive directly from your licensed Provider, the educational, graphics, research sources and other incidental information on the Site, the Content, should not be considered medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Content represents or warrants that any particular medication or treatment is safe, appropriate, or effective for you. EventShip does not endorse any specific tests, medications, products or procedures.

NO DISCRIMINATION

  1. Discriminatory Postings

Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. EventShip will not knowingly accept any Posting which is in violation of the law. EventShip has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

  1. Prohibitions With Respect To Services

While using the Website, you shall not:

  • post content or items in any inappropriate category or areas on the Website;
  • violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use;
  • fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you purchase such Service, a clear typographical error is made, or you cannot authenticate the Service Professional’s identity;
  • fail to perform Services purchased from you, unless the End User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the End User’s identity; manipulate the price of any Service or interfere with other users’ Postings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to EventShip; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);
  1. Feedback/ Reviews

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and Service Professional and/or the End User can submit feedback by emailing us at [email protected] 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.

As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or End User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or an End User from leaving Feedback.

We may also provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

If you violate any of the above-referenced rules in connection with leaving Feedback/Reviews, EventShip, in its sole discretion, may take any of the following actions, including but not limited to: (i) cancel your Feedback/Review or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback/Review page.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

F. RULES FOR SERVICE PROFESSIONALS

  1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

  1. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT EVENTSHIP FEES

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) offer a catalog or a link to a third-party website from which End Users or any Registered User or user of the Website may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through EventShip to purchase the Service or any other service outside of EventShip; (f) negotiate the price for a service with the end user to make offline booking (outside the platform); (g) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services.

In case we realize that any professional is involved in any of the above activities, EventShip holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.

  1. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) solicit End Users to mail cash or use other payment methods not specifically permitted by EventShip as approved payment methods; (b) include links that do not conform to EventShip policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party’s name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party’s website with any information in addition to the Service provided via EventShip; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

  1. CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORM OF ELECTRONIC COMMUNICATION

It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form

5. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS

If a Service Professional violates any of the above-referenced rules in connection with his or her Posting, EventShip, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Professional’s Account privileges; (c) suspend the Service Professional’s Account; (d) cause the Service Professional to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Professional’s status earned via the Feedback page.

G. RULES FOR END USERS

  1. END USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:

(a) commit to purchasing or using a Service without paying; (b) sign up for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) negotiate the price for a service with the service professional to make offline booking (outside the platform); (d) agree to purchase a Service when you do not meet the Service Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (e) misuse any options made available now or in the future by EventShip in connection with the use or purchase of any Service.

  1. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR END USERS

If an End User violates any of the above-referenced rules in connection with his or her Posting, EventShip, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the End User’s Account privileges; (c) suspend the End User’s Account; and/or (d) decrease the End User’s status earned via the Feedback page.

H. USE OF SUBMITTED CONTENT

  1. NO CONFIDENTIALITY

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  1. YOUR REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize EventShip to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.

  1. YOUR OWNERSHIP RIGHTS AND LICENSE TO EVENTSHIP

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to EventShip for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to EventShip a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and EventShip‘s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

4. EVENTSHIP’S DISCLAIMERS

  1. EventShip does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and EventShip expressly disclaims any and all liability in connection with all Submitted Content. EventShip does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and EventShip reserves the right to remove any Data or Submitted Content without prior notice. EventShip will also terminate a user’s access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice.
  2. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that EventShip is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content.

I. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

J. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. In the event EventShip terminates these Terms of Use for your breach, you will remain liable for all amounts due hereunder.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by following the link in your Account to “Deactivate Account.”

K. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

L. EVENTSHIP FEES

Joining EventShip, opening an Account, posting Services and viewing posted Services is free. EventShip reserves the right at its sole discretion to charge fees to Service Professionals or End Users for other services that EventShip may provide in the future.

EventShip currently does not charge End Users for transactions completed on the Website between End Users and Services Professionals. However, EventShip reserves the right to charge a fee to End Users in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion.

If applicable, you agree to pay all fees or charges to your Account based on EventShip‘s fees, charges, and billing terms then in effect. If you do not pay on time or if EventShip cannot charge your credit card, any payment gateway or other payment method for any reason, EventShip reserves the right to either suspend or terminate your access to the Website and Account and terminate these Terms of Use. You are expressly agreeing that EventShip is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that EventShip may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. EventShip reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.

M. RETURN POLICY

Please review our Return Policy posted on the Site prior to making any purchases.

N. CANCELLATION AND REFUND POLICY

 Please review our Cancellation and Refund Policy posted on the Site prior to making any purchases.

O. NO ENDORSEMENT

EventShip does not endorse the End User, Service Professional, or any Services. In addition, we do not attempt to confirm, and do not confirm, any End User’s or Service Professional’s purported identity. The End User is responsible for determining the identity and suitability of others whom you contact via the Services. EventShip will not be responsible for any damage or harm resulting from your interactions as a End User with other End Users of the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other End Users and Service Professionals will be limited to a claim against the particular End Users or Service Professionals who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from EventShip in this regard.

Each Registered User acknowledges, agrees and understands that EventShip only seeks to provide a platform wherein the End User and Service Professional can be brought together and EventShip itself has no role in the execution or provision of Services. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and End Users. You also understand that any so called background check undertaken by EventShip is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the End User should take an informed decision on his/her own accord and keep in mind the fact that EventShip only seeks to provide a platform wherein End Users and Service Professionals have an opportunity to meet each other.

P. DISPUTE RESOLUTION

In case of any dispute arising out of this Agreement, the Parties hereto shall first attempt for an amicable resolution in next 30 days. If the parties fail to arrive at any resolution/settlement, then either party may invoke the Arbitration for further resolution. The Arbitration shall comprise two arbitrators, as appointed by each party and a presiding arbitrator who shall be independently appointed by the other two arbitrators.

The Arbitration proceedings shall take place in Bhubaneswar and the same shall be governed by the Arbitration and Conciliation Act, 1996. The proceedings of the Arbitration shall be conducted in English language.

The award passed by the Arbitrators shall be final and binding on both the Parties and the courts of Bhubaneswar shall have exclusive jurisdiction.

  1. GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of India applicable to agreements made and to be entirely performed within India, without regard to its conflict of law principles.

Q. SOCIAL MEDIA, THIRD-PARTY LINKS

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Certain areas of the Website may allow you to interact and/or conduct transactions with third-party sites, and if as an END USER, you are directed to EventShip’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.

You further acknowledge and agree that EventShip 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 use of or reliance on any content, advertising, product, goods or services available on or through any such website or resource.

R. DISCLAIMER

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, (7)ANY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT, AND/OR (8) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR END USER OR SERVICE PROFESSIONAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

S. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF EVENTSHIP, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO EVENTSHIP BY YOU HEREUNDER.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT EVENTSHIP SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR END USER OR SERVICE PROVIDER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT EVENTSHIP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.

FORCE MAJEURE

Neither EventShip nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

T. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, managers, members, directors, successors, assigns, service professionals, suppliers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Marketplace Offerings; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE USERS, YOU FOREVER RELEASE EVENTSHIP (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.

U. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, NOTICES AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

V. ENTIRE AGREEMENT

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

W. ASSIGNMENT

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without EventShip’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. EventShip may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

X. CONTACT US

 

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at: [email protected]

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