1.2 Your use of the Site is subject to the following terms and conditions as provided hereinbelow. If you use the Site, then your usage shall be as per the following terms and conditions, including all other policies included herein by reference. By your use of the Site, or whenever you use the Site for availing any Services, you bind yourself to the terms and conditions, other policies, obligations and other covenants mentioned herein. Therefore, it is suggested that the following terms and conditions be carefully read and understood by you before you commence use of the Site or avail of the services provided.
1.3 We reserve the right to change, modify, edit or delete any and all of these terms and conditions or any other policies at any time. Any amendment of this policy shall be effective after thirty (30) days from the date such policy is amended. We shall do our best to individually notify you of any amendments in the policy either by sending a personal dispatch to your submitted mail id or by providing the amended policy on the Site itself. It is your responsibility to keep revisiting the terms and conditions for understanding any changes, or modifications made and for being aware of all the terms and conditions that shall be applicable to you. Notwithstanding anything afore-stated, your continued usage of the Site, with its terms and conditions modified, changed or edited shall be considered as your acceptance of the said changes and modifications, whenever they are so made. Irrespective of the date of your access, browsing or usage of this Site, the most current version of terms and conditions shall be applicable to you.
1.4 We may immediately terminate this Agreement with respect to you and stop availability of all services to you, if you are found to be in non-compliance with any of the terms herein.
1.5 Supplemental terms and conditions may be applicable that shall be over and above the terms and conditions provided herein. Supplemental terms and conditions shall be pertaining specifically to a particular event, program, contest, or show as may be provided for in the website from time to time and disclosed to you upon you participating in such event, program, contest or show. The supplemental terms shall hold superior and over-ride the terms contained herein to the extent of inconsistency, provided where such inconsistency leads to unenforceability, then the provisions of this t&c shall apply to the extent of such unenforceability.
1.6 If you do not agree to any of the terms and conditions as provided herein, or the supplemental terms and conditions that will be disclosed from time to time, or to any changes or modifications made in these terms and conditions, then you are free to either i) not enter your registration data and seek membership of the Site, ii) discontinue usage of the Site, iii) discontinue usage of the Services provided by the site, iv) delete all your registration data as provided by you.
2. SERVICES 2.1 The Site will bring to you information regarding latest gigs, events, festivals, shows etc., that take place and how to attend these events or book tickets for these events. The Site shall also allow you to check out the complete Artist profile for your favourite artists and obtain information regarding their availability for any gigs or projects that you may want to book the Artists for.
2.2 The Services provided by the Site are only for your informational and entertainment purposes and nothing here shall be construed or interpreted in a manner so as to constitute any counsel, consultation or, advisory information concerning any other aspect except as mentioned herein and the Services provided must not and cannot be used for any other purposes except as mentioned herein.
2.3 You agree and confirm that in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by us for redelivery shall be claimed from you.
2.4 You agree that you will use the services provided by us, or our affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
2.5 You agree that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
2.6 You agree that the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
2.7 You agree that before placing an order you will check the order/item description carefully. By placing an order, you agree to be bound by the conditions of sale included in the description and also provided for in the page displaying the item.
2.8 Third Party Services: If you access the Site using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc, then your Information and data may be available to the entities controlling such operating systems and shall be governed by usage terms and conditions as per such third party’s service terms and conditions and we do not have any control regarding usage of your data or information by such third party beneficiaries.
2.9 Returns & Refund Policy: Any items/services once purchased or availed of, as the case may be, shall not be returned. You may cancel any items/services only till the time you make the payment. Once you have made the payment, no cancellation will be possible and your purchase shall be final.
3. INTELLECTUAL PROPERTY 3.1 All the Intellectual Property rights including copyrights, trademarks, designs, patents in the Services, or any component thereof, that are utilized in the Services or are a part of your consumption of the Services available on the Site belong to their respective owners, controllers, and rights-holders. Nothing herein or through your use of the Site, shall operate in a manner so as to transfer any right or license in any of the Intellectual Property rights to you.
3.2 All reviews, comments, feedback, postcards, suggestions, ideas, image files, audio files, video files, and other submissions disclosed, submitted our Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain your property. You hereby grant a non-exclusive, worldwide, sub-licensable, irrevocable and royalty-free license to your Comments to us for all unhindered, unrestricted, unlimited uses that we may put those comments to including creating modifications, changes, adaptations, derivatives, spin-offs, collages, mashups, or publishing, exhibiting, communicating and distributing the said comments at our discretion, without taking any further permission or consent from you for any and all uses, purposes, publications, communications and distributions of the Comments or their derivatives or adaptations.
3.3 We shall not be liable to make any payments for any of the Comments made by you or for the non-exclusive license obtained by us. If you do not agree to the terms of this License, you may choose to not provide any of your Information or make any Comments. However, not doing so may hamper your use of the Site and may restrict the scope of Services that will be provided to you.
3.4 You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
3.5 You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Boon Castle, its associates and its affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party acting on your behalf or through you.
3.6 We and our licensors expressly reserve all intellectual property rights including trademarks and copyrights in all text, programs, products, processes, technology, content and other materials, which appear on this Site or which are integrated with this site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license of any of Boon Castle’s or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us by third party service providers. Any use of this website or its contents, including copying or storing in whole or part, other than for your own personal, non-commercial use is prohibited without our permission or where applicable, third party service providers.
3.7 The Boon Castle, Flyingcarpet, Springboard Records, The Media tribe names and logos and all related product and service and Boon Castle and other named person's slogans are the trademarks or service marks of the respective entity. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
3.8 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
3.9 You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of their respective owners, controllers or right-holders as the case may be or its suppliers and protected by respective national legislations. Any use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site, other than as intended is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Boon Castle.
3.10 You may not circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use the Site or any Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.
3.11 Claims of copyright infringement: Notifications of claimed copyright infringement and counter notices must be sent to: _____________ _____________
4. MEMBERSHIP 4.1 Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.
4.2 We reserve the right to terminate your membership and refuse to provide you with access to the Site if it is discovered that you are under the age of 18 years, or where you are over the age of 13 years, your membership has been caused without the supervision of a parent or legal guardian. The Site is not available to persons whose membership has been suspended or terminated for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
4.3 Except where additional terms and conditions are provided which are specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail not withstanding any variance with any other terms of any order submitted.
4.4 If you are registering on behalf of an entity, then you must have the necessary approval, authority and/or resolutions that enable you to bind such entity to the terms and conditions provided herein.
4.5 When you visit the Site or send emails to us, you are communicating with us electronically. When you use the Site, and also when you become a member of the site, You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. DATA PROTECTION 5.1 You must provide information about yourself in the Site’s registration form before becoming eligible for membership to the Site. You must keep Your Information promptly updated, true, accurate, current and complete in all aspects.
5.3 We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password, you should notify us by contacting us immediately through the address provided below.
5.4 If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account without any liability to us.
5.5 Credit Card: You agree, understand and confirm that the credit card details provided by you will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment on the Site. Your credit card information never reaches us, as we just get pass, hold or fail message from our payment gateways. The said information will not be utilised and shared by our payment gateways or us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We shall not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
6. PRICING INFORMATION Some of the Services that shall be provided by us on the Site shall be available only to paid users. The pricing of the Services shall be as per provided on that Service’s or offering’s page. The price of the Services (or goods, as the case may be) may be changed anytime by us and we reserve the right to cancel any order that you make if your order has been made on the wrong price for a Service. The price of any Service, (or a good, as the case may be) shall be displayed alongside and we reserve the right to change the price until the Service or good, is delivered to you. In case the change in price is before confirmation of your order or delivery of the goods to you, you shall be notified of the change in price and given the option to cancel the order if you are not agreeable to the price change. All purchases shall be final and there shall be no refunds or returns after you have made the purchase. If you are not satisfied with the quality of the service/goods/products received, you may write in to ____________, and we shall use our best efforts to redress your concerns regarding your purchases.
7. PAYMENT FACILITY 7.1 The Payment facility available on our Site for facilitating payments by you towards the purchase price for items/products/services to be bought by you is only for the purposes of ensuring smooth payments. Hosting or making available such payment facility shall not make us liable for any payment transactions related issues such as non-confirmation, non-payment, stuck payments, cancelled or invalidated payments, non-receipt of repayment monies etc, for which appropriate remedy lies only against the payment facilitator or your bank issuing instructions for facilitating such payments. You agree that collection, processing or facilitating, or remitting payments by us does not create a fiduciary relationship, and that we are not acting in a fiduciary capacity or as trustees.
7.2 There shall be no cash-on-delivery payment option and all payments will need to be made before making any purchases.
7.3 We may conduct our own checks regarding the credit-worthiness of any user or account-holder before validating the payments of receipt and on the basis of such checks and verifications, we shall be entitled to not fulfil any order or validate the receipt of payments by you.
7.4 We also reserve the right to block payments or orders, or delay payments or fulfilment of orders, in case the same is suspected by us to be carried out by bots, malicious codes, fake purchases, suspicious high volume or value transactions, or if we reasonably believe, such acts to be motivated with an intention to cause or commit an offence punishable under the IPC, IT Act, and any other applicable law.
7.5 Fraudulent/Declined Transactions: We reserve the right to recover the costs of services, goods or products offered, collection costs and lawyers’ fees from persons using the Site fraudulently or dishonestly. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions. We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time, or for any other reason including lack of authorization, payment issues or decline of transaction.
8. PROHIBITED ACTIONS 8.1 You shall not use the Site for any of the following purposes:
a. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
b. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
c. Gaining unauthorized access to other computer systems;
d. Interfering with any other person's use or enjoyment of the Site;
e. Breaching any applicable laws;
f. Interfering or disrupting networks or web sites connected to the Site;
g. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
h. Any commercial or business oriented use of the Site, whereby Services are offered via you as a business intermediary.
8.2 You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, We shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you or for such content posted by you as Comments and the liability shall solely belong to the respective commentor who posted such comments. You agree that any claim or litigation shall be available only against the poster of the Comment and not us.
9. SITE SECURITY You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Upon being notified, we may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Boon Castle on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Google).
10. INDEMNITY You agree to defend, indemnify and hold harmless Boon Castle, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Boon Castle or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity and loss of service by other subscribers. This clause shall survive the expiry or termination of this User Agreement.
11. LIMITATION OF LIABILITY & DISCLAIMERS 11.1 The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site. The Site provides content from other Internet sites or resources and while we try to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
11.2 We, our associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site; and/or any interruption or errors in the operation of the Site.
11.3 This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement
11.4 Without prejudice to the generality of the section above, the total liability of Boon Castle to you for all liabilities arising out of this User Agreement, be it in tort or contract, is limited to the value of the item ordered by you or the monthly subscription fee for the services you subscribe to, whichever is lower. 11.5 We disclaim all conditions, representations and warranties not expressly set forth in these terms.
12. GOVERNING LAW & JURISDICTION 12.1 Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, shall be first referred to a senior representative at our company for amicable resolution in good faith within a period of forty-five (45) days. If no resolution is achieved within the afore-said period, then the dispute or difference shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Delhi.
12.2 This agreement shall be construed in accordance with the applicable laws of India.
12.3 Subject to clause 8.1, and as limited by the fore-going, the Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
13. SEVERABILITY If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
14. WAIVER No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision. Boon Castle's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
15. ENTIRE AGREEMENT Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Site and Services provided and this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site and Services.
16. QUESTIONS OR CONCERNS If you have any questions or concerns regarding our privacy policies, please send us a message to ______________ . We will make every effort to resolve your concerns. You can also reach us via postal mail at the address given below:
17. GRIEVANCE REDRESSAL In case you have any complaints or grievances regarding usage, collection or sharing of Information supplied or submitted by you during the course of your usage of the Website, you may refer such complaints or grievances to our designated ‘Grievance Officer’, the name and contact details of who are provided hereinbelow:
Contact Particulars: ______________