GENERAL TERMS AND CONDITIONS


INTRODUCTION

Bookyourshaadi.com is a wedding website that provides valuable wedding-related information for the modern prospective couples.

Vendors/visitors of our site agree to be bound by this Agreement and the bookyourshaadi.com Privacy Policy located at www.bookyourshaadi.com/privacy. If you do not agree with the Terms of this Agreement, you should leave the bookyourshaadi.com website and discontinue use of the bookyourshaadi.com services immediately.

Our site assists its users, buyers and consumers (hereinafter referred to as "Buyers") to connect with vendors for their wedding functions, corporate events, birthday parties, theme parties or any other private party. On our site, the buyers can search and hire vendors and packages for any kind of event.

Vendors and the Buyers purchasing the services and products share the responsibility for making sure that the events facilitated by our site are exciting and hassle-free. Our site acts only as a platform so that vendors and buyers can connect in respect of all the services and products offered by the vendor and for purchase by the buyers. The site helps the vendor and the buyer to book their transaction smoothly and without any difficulty. However, our site has limited control over the quality, safety or legality of the services advertised by the Vendor.

Bookyourshaadi.com may modify this Agreement from time to time and each modification will be effective when it is posted on the Bookyourshaadi.com Website. You agree to be bound to any changes to this Agreement through your continued use of the bookyourshaadi.com services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.

REGISTERING A PROFILE

This site is a place where wedding vendors can advertise one or more of their services for hire to potential buyers, and communicate with those potential buyers.

The bookyourshaadi.com is not, and does not become, party to any contractual relationship between the Vendors and Buyers, and does not mediate between the Vendors and Buyers in the event of any dispute arising between them. The site is a platform for Vendors and Buyers to interact.

To register a Profile, the Vendor is obliged to enter required details (such as name, contact details, service offered, start price, locations covered) on the site’s online form; to accept these Terms & Conditions and to agree to pay to the bookyourshaadi.com, the required fee of the registering their profile and for advertisement of their services on the bookyourshaadi.com website.

The bookyourshaadi.com reserves the right to decline to place any Profile that appears, in its discretion, to be capable of infringing, or be associated with the infringement of, any provision of these Terms and Conditions.

THE DASHBOARD AND BUYERS REVIEWS

Through registration, a Vendor is given a Vendor’s profile in which the data he/she contributes is recorded and in which all the Services offered by that Vendor are specified hereinafter referred as “Dashboard”.

In the Dashboard, the Vendor will have various functions available which are intended to assist the Vendor to manage services offered through the site, to track the number of visits by prospective Buyers and the number of enquiries, and to keep the Registered Profile updated. These functions, and the Dashboard itself, are made available on an “as is” basis, and the Bookyourshaadi.com does not undertake that the Dashboard or its functions will be complete or error-free.

Buyers may post their own reviews of Vendors Services (“Vendor Reviews”) on the site. The Vendor is given the opportunity to view Buyer Reviews, and to respond to them (a “Vendor Response). Please note that the Bookyourshaadi.com does not, and does not realistically have the ability to, verify the accuracy or otherwise of Buyer Reviews.

The Bookyourshaadi.com requires all Buyer Comments, Buyer Reviews and Vendor Responses and may decline to post any of them that the Bookyourshaadi.com finds does not do so. In the event that any Buyer Comment, Buyer Review or Vendor Response appears on the site but fails to conform to the Content Guidelines, then without prejudice to any other available remedies, the Bookyourshaadi.com shall be entitled immediately to remove from the site the relevant non- conforming Buyer Comments, Buyer Reviews and Vendor Responses.

CONTACT BETWEEN VENDOR AND BUYER

Vendors are entirely responsible for all of the information, including audio and video, images, text and other content, relating to the services they offer.

If the Buyer finds a Vendor in which they are interested, she/he can send an information request to the Vendor i.e. an “inquiry” stating their surname, e-mail address and telephone number, and other requested information.

The Buyer and Vendor may communicate with each other directly in connection with the enquiry.

The Bookyourshaadi.com has no responsibility for or involvement in, the communication between the Vendor and Buyer.

Service search snippets are searched and displayed based on the Bookyourshaadi.com’s sort algorithm. Buyers can also search Profiles of Vendors according to various criteria, such as:
- The category
- The availability
- The pricing
- The location
- The reviews

PAYMENT AND PRICING.

Bookyourshaadi.com and Vendor shall mutually agree the method of payment and record the agreed method in the Vendor Registration. All sums stated in this Agreement are exclusive of VAT unless stated otherwise. Vendor shall pay the sums (including, if applicable, VAT and any other applicable taxes or charges imposed by any government entity) in the manner dictated by the method of payment agreed between the parties. If payment is not made when due, The Bookyourshaadi.com may charge interest at the rate of 2% per month above the prevailing base rate from the due date until the date of actual payment.

The Bookyourshaadi.com may change its minimum pricing, if applicable, at any time and Vendors will be notified of any increase at least ten (10) days in advance of such increase. Charges shall be calculated solely based on records maintained by Bookyourshaadi.com. Bookyourshaadi.com shall provide Vendor with password-protected access to 24/7 online reporting information so that Vendor may monitor its account(s).

Vendor will submit valid credit/debit card details upon registration and keep this information up to date. Vendor card details will not be stored by the Bookyourshaadi.com.

TERMINATION

If the Bookyourshaadi.com determines, or an allegation is made, that (a) Profile or other content associated with a Vendor contain any material that is deemed false, against the law, applicable regulations or the rights of any person or entity, (b) a Vendor has submitted unsuitable material to, or misused, the site, (c) a Vendor’s Profile is unacceptable or unfair. (d) the Vendor is in material breach of these Vendor Terms & Conditions or any other obligations owed to the Bookyourshaadi.com, any Bookyourshaadi.com Affiliate or Buyer, (e) a Vendor has been abusive or offensive to any employee or representative of the Bookyourshaadi.com, (f) a Vendor uses a false identity, then the Bookyourshaadi.com shall be entitled to terminate either (i) any affected Profiles, or (ii) all Services associated with such Vendor immediately. A Vendor or Profile that contravenes any of the above requirements shall be in breach of these Vendor Terms & Conditions.

Upon any termination of this Agreement by either you or bookyourshaadi.com, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Note that the Bookyourshaadi.com assumes no duty to investigate complaints.

RIGHTS AND OBLIGATIONS OF THE BOOKYOURSHAADI.COM

Bookyourshaadi.com shall be entitled to change the layout of this site at any time without prior notice.

The Bookyourshaadi.com shall use commercially reasonable efforts to ensure that Service descriptions on the site are as true and accurate a representation as practicable of the service that the Vendor has submitted to the Bookyourshaadi.com.

The Bookyourshaadi.com may occasionally undertake upgrades of the site upgraded in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. The Bookyourshaadi.com will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Buyers’ usage is least affected.

The Bookyourshaadi.com also provides an enquiry contact form which serves to send messages from the Buyer to the Vendor of the relevant Service. Vendors acknowledge that unauthorised third parties may misuse such messaging system and unlawfully intercept or read messages. The Bookyourshaadi.com is not liable for any such misuse.

The Bookyourshaadi.com may conduct identity checks and ask for proof to establish the existence of a Service. If the Bookyourshaadi.com – including as a result of information provided by Buyers - suspects that the Vendor has supplied false information, the Vendor acknowledges that the Bookyourshaadi.com is entitled to carry out identity checks on the Vendor or to prove the existence of a Service; if requested to do so, the Vendor agrees promptly (and in any event within any period requested by the Bookyourshaadi.com) to supply to the Bookyourshaadi.com such proof of identity or of a Service’s existence as the Bookyourshaadi.com requests. Each Vendor acknowledges that failure to comply with any such request constitutes a breach of these Vendor Terms & Conditions.

The Bookyourshaadi.com complies with its data protection obligations.

RIGHT TO DELETE CONTENT

Buyers are responsible for ensuring that their communications, and content posted, through or in connection with the site, including Buyer Reviews and communications with Vendors, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything slanderous or defamatory, anything that infringes copyright, data protection law or the content guidelines. Without prejudice to any other available remedies, the Bookyourshaadi.com shall be entitled immediately to remove from the site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.

COPYRIGHT

All content that appears on this site, and the site itself, is protected by copyright and database rights. Reproduction of the site, in whole or in part, including the copying of text, graphics or designs, is prohibited.

RIGHTS AND OBLIGATIONS OF THE VENDOR

The Vendor shall submit truthful particulars about his/her personal identity and payment data and offer in his/her Profile only Services which the Vendor is entitled and is in a position to serve to Buyers.

The forms made available by the Bookyourshaadi.com must be completed appropriately..

The Vendor undertakes to present the Profile, including all information concerning the Service, fully and accurately, and to keep the information updated. The Vendor shall not give misleading particulars about the origin of any information; or include details that may conceal the true source of any information.

Vendors are required to keep their account login details secret and not to pass them on to third parties. The Bookyourshaadi.com will never ask Vendors to disclose this data. If Vendors are contacted by third parties and asked for login details, under no circumstances should they impart that data, but must immediately notify the Bookyourshaadi.com of the situation by email through the Contact Form. Should any Vendors notice that their account is being used by an unauthorised third party, they should immediately report the matter to the Bookyourshaadi.com by email through the Contact Form and change their password.

The Vendor must not misuse the site’s email or messaging system. Emails and messages, including recommendations through the "recommend to a friend" option, may be sent out only with the recipient's consent.

Vendors are responsible for ensuring that their Profiles do not infringe the law or the rights of any person or entity. Profiles must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.

If any of the actions of the Vendor undermine the integrity of BookYourShaadi's site or review system, then BookYourShaadi shall have a right to limit the number of reviews of the Vendor and/ or temporarily suspend or permanently remove the said Vendor from our Site.

USER RIGHTS TO CONTENT

Where a Vendor submits to or transmits through the site any content of any type, including text or images, the Vendor undertakes that he/she has the right to do so, and has been granted the necessary consent by any persons featured (’model release’) or Vendors of featured items (’property release’).

To the extent that Vendors’ Profiles and other submissions may contain trademarks, Vendors declare that they have the right to use them, including sublicensing rights.

By submitting any form of content to the site, the Vendor authorises the Bookyourshaadi.com and each of its Bookyourshaadi.com Affiliates to display and disseminate the content in connection with the performance of these Vendor Terms & Conditions.

The Bookyourshaadi.com has the right to use any content uploaded by the Vendor for external marketing purposes related to Wedding Planner.

INDEMNIFICATION

Vendor shall indemnify and hold the Bookyourshaadi.com harmless against any claims by third parties brought against the Bookyourshaadi.com arising out of or in connection with any breach of these Vendor Terms & Conditions on the part of the Vendor.

PROHIBITIONS

The Vendor shall not directly or indirectly:

a) With respect to the site, its content, and databases comprised in the site, in any form, whether by using automatic devices or manual processes, exploit, copy, distribute, reproduce, edit, translate, make publicly accessible or decompile any of the same;

b) Monitor content on the site by means of robots, spiders, or other automatic instruments

c) Use the site for purposes other than those referred to in these Vendor Terms & Conditions;

d) Use the site or the tools and services on the site for the purpose of offering a service for a hire other than a Service under a valid Profile;

e) reproduce any portion of the site on another website or otherwise, using any device including, but not limited to, use of a frame or border environment around the site, or any other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;

f) Upload or send to the site any contents or programs, which on account of their size or nature, might damage the Bookyourshaadi.com’s computers or networks;

g) Include content on the site that breaches any applicable criminal or other laws, or encourages any such breach;

h) Use or access the site in any way that might endanger any computer system or network, including by making available any virus (for which purpose, “virus” includes any program introduced into a system deliberately which carries out a useless and/or destructive function, such as displaying an irritating message or systematically over-writing the information on a user's hard disk);

i) Post or transmit information that is in any way false, fraudulent, or misleading, or engage in any act that may be considered “phishing” (whether primary, secondary or other) or that would give rise to criminal or civil liability;

j) Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material; or

k) Refer to the Bookyourshaadi.com in any way that might lead someone to believe that the Vendor, any Service, Profile or website is sponsored by, affiliated with, or endorsed by the Bookyourshaadi.com.

MESSAGING/COMMUNICATION WITH BOOKYOURSHAADI.COM

In no event will the Bookyourshaadi.com be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the site, your use of the site and/or any transaction between users, even if the Bookyourshaadi.com has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the Site, you do not agree with any part of these Vendor Terms & Conditions, and then your sole and exclusive remedy against the Bookyourshaadi.com is to discontinue using the site. In all events, our liability to you or any third party in any circumstance arising out of or in connection with the Site is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability.

GOVERNING LAW AND ENTIRE AGREEMENT

These terms and conditions will be governed by and construed in accordance with law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of NCT of Delhi.

These Vendor Terms & Conditions contain the entire agreement between the Bookyourshaadi.com and Vendor relating to their subject matter.

OTHER PROVISIONS

The Bookyourshaadi.com recommends that the Vendor saves his/her own copy of these Vendor Terms & Conditions in a separate file on its PC or in print-out form.

The invalidity of one or more provisions of these Vendor Terms & Conditions shall not affect the validity of the other provisions.

The Bookyourshaadi.com’s failure to act with respect to a breach of these Vendor Terms & Conditions by the Vendor or others does not waive the Bookyourshaadi.com’s right to act with respect to subsequent or similar breaches.

The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Vendor Terms & Conditions.


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