TERMS AND CONDITIONS FOR ORGANIZER / CURATOR / VENUE
1. DEFINITIONS:
These Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the services provided by Partytickets.in platform.
a. “Organizer” refers to the event curator or venue, be it an individual, partnership, joint venture, company who is organizing / arranging the event(s) or a member of the organization that has approached us on behalf of the organization representing it.
b. “Services” refers to include the interactive online solutions & information services offered by Partytickets.in over the internet through which the user may access information carried by Partytickets.in in the database maintained by Partytickets.in with Spectratickets Services Private Limited.
c. “Payout” refers to the amount disbursed for the ticket sales post deduction of fees/commission, payment gateway fees and taxes.
d. “Ticket Buyer(s)” refers to individual(s) who has/have made a transaction for purchase of tickets from Partytickets.in Platforms.
2. ELIGIBILITY
a. Partytickets.in platform services are available to all Organizers of at least 18 years of age and above. By Registering to use Partytickets.in services, you represent and warrant that you are at least 18 years of age.
b. Partytickets.in has the right in its sole discretion, to suspend or terminate your use of Partytickets.in platform services and refuse all current or future use of all or any portion of the services offered by Parytytickets.in platform.
3. PAYMENT AND FEES
a. Partytickets.in platform services are available based on transaction model (refer below Transaction Model section for details), as per the requirements of Organizers.
b. As a ticketing partner, Partytickets.in will charge 10% commission (unless mentioned otherwise in the Organizer Sign-up Form) per ticket sold (which includes the payment gateway fee and payment gateway taxes).
c. Partytickets.in is only responsible for the taxes (i.e. 18% GST) applicable on the commission amount as agreed upon (ref: 3.b).
d. The GST taxes to be paid by the respective organizer(s) is solely their responsibility and Partytickets.in cannot be held liable / accountable for any inaccurate information provided by the organizer for such taxes to the authorities or relevant departments or whomsoever it may concern.
3.1.1
i) In this model, pricing is applied on each ticket sale / attendee registration
ii) The organizer must determine the base price for their tickets. Amount remaining after the deduction of the commission discussed belongs to the organizer as far as nothing different is stated in these terms in writing, regarding the same.
iii) Partytickets.in charges a commission fee for every ticket sold using Partytickets.in platforms, which includes the website and the mobile applications by Partytickets.in
4. CHANGE OF AN EVENT.
If an event for which tickets are sold or already have been sold via Partytickets.in shall be cancelled or changed (with respect to changes in date, time, venue, Artist, Unforeseen Circumstances or other important points) the organizer has to inform Partytickets.in immediately in writing once these circumstances have come to his attention.
5. CANCELLATION AND REFUNDS.
Under circumstances, for tickets for an event that have been sold via the Partytickets.in Platforms, and the event is cancelled for any reason, then Partytickets.in shall continue to be entitled to the convenience fees and commission/ticketing fees (Payment Gateway Fees, taxes, etc.,).
5.1 Refund to ticket buyer(s) will be provided:
a) If the event does not happen due to any unforeseen circumstances.
b) Event was interrupted due to any reason or unforeseen circumstances.
c) Event was conducted for less than half of the specified duration.
d) If an event is postpone/rescheduled to a future date, a full refund will be initiated to the ticket buyer provided the refund request was made by the ticket buyer.
If in case amount for the Ticket Sales has been disbursed to the Organizer’s Account, and the ticket needs to be refunded, the Organizer would be responsible for refunding the amount directly to the end user / ticket buyer or the Organizer would need to send the amount back to Partytickets.in and refund will be initiated from Partytickets.in to the ticket buyer. Upon such a situation arising, the Organizer needs to take responsibility and ensure the refund is completed with mutual co-ordination and co-operation with Partytickets.in
In any of the above situations or the ones not mentioned herein, provided refunds are initiated to customer(s); the commission, GST, Payment Gateway fees and taxes, etc., is required to be paid by Organizer to Partytickets.in.
In case if an event was not organized or conducted as per the promised standards and complaints are received from the ticket buyers, and it is found that these claims are true, then at the discretion of Partytickets.in a full/partial refund after consideration of the circumstances will be provided to the ticket buyers, after deduction of commission, GST, Payment Gateway fees and taxes, etc., owed to Partytickets.in.
5.2 Cancellation Protect Plan
In case of cancellation for bookings with cancellation protect in relation to an Event (as applicable), the buyer will be entitled to a refund of 100% of ticket price of ticket within the cancellation window. A cancellation protected booking needs to be cancelled at least 1 hour prior to the Event start time. A cancellation protected booking cannot be cancelled if you have entered the venue and have checked in for the event. Refunds under Cancellation Protect Plan are not applicable once the event has started. If a user has NOT purchased a Cancellation Protect Plan and wants to Cancel the ticket and get refund anytime before the event starts, the same will be considered as non refundable. It still however is sole discretion of Partytickets.in if the ticket needs to be refunded, before the event has started.
If a refund/cancellation request is made by the ticket buyer(s) for reasons besides the ones stated in section 5.1 and once the event has started, only then Partytickets.in will follow the cancellation policy provided by The Organizer.
6. GENERAL PROVISIONS.
a. Event Checklist Form:
In order to setup an event, event organizers are required to fill up the details about their event such as ticket price, location, ticket inventory, attendee registration information collection and other such information requested in the Event listing form which is mentioned in the ‘List My Event’ tab / page on the Partytickets.in platforms
b. Force Majeure:
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which events and/or circumstances are hereinafter referred to as “Force Majeure”), to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet services, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion; Force Majeure shall not include the novel coronavirus Covid-19 pandemic which is ongoing as of the date of the execution of this agreement.
For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in the market prices or conditions, or (c) a party’s financial inability to perform its obligations hereunder.
7. ACCOUNTING.
The organizer has options of various payment method(s) (i.e., credit card, debit card, UPI payments, Net banking. Other payment methods may be added from time to time) to be offered to possible ticket buyers via Partytickets.in, In accordance to this choice, Partytickets.in undertakes accounting for the organizer and holds the money in a bank account on behalf of the organizer. The organizer authorizes Partytickets.in to do so.
Post event end date, Partytickets.in will transfer the Payout amount to the organizers’ provided bank account within one week.
Payout amount will be transferred to a bank account located within the country and can be issued via UPI, NEFT, IMPS (any additional charges for transfer will be borne by the organizer) only given in express written intent by the organizer,
The amount will be transferred only to the bank account details provided in the ‘Organizer Sign-up Form’.
8. EVENT ORGANIZER TERMS:
Partytickets.in only offers organizers a web-based solution to sell tickets via the Partytickets.in, for events of the organizer to ticket buyers by using Partytickets.in to take on the payment process. Partytickets.in provides the following services to the organizer (each an “Partytickets.in-Service”): A web-based portal on the Partytickets.in platforms to organize events and to sell tickets of the organizer for these events to ticket buyers.
Partytickets.in only acts as a sales agent for the organizer of an event by order and for account of this organizer.
It is the organizers’ duty to advise and instruct the ticket buyers of their eventually existing right of objection according to the legal guidelines.
The organizer authorizes Partytickets.in hereby as per this agreement to act as an agent by order and for account of the organizer, to sell tickets to the public for events offered or listed by the organizer on the Partytickets.in platforms, to undertake the payment process with the ticket buyers and/or their banks and to e- mail(digitally) the tickets to the ticket buyers.
This authorization also contains the right of Partytickets.in to send payment reminders to the ticket buyers. By agreeing to these terms and conditions, You, as the Organizer and Signee of this contract agree that:
a. Partytickets.in is simply your ticketing partner and portal through which you are providing e-ticket selling services.
b. The organizer takes due responsibility for obtaining all necessary approvals, permissions, licenses, no- objections, clearances etc. from the relevant governmental/private bodies/authorities as may be required, to hold the event/activity in accordance with law and availing the services. In case of failing to do so, the venue/organizer will be liable to compensate for the damages and will be subjected to punitive measures if required and under no circumstances will Partytickets.in be held liable for any of the consequences that arise out of such a situation.
c. Partytickets.in is in no way responsible or liable for what occurs at the venue and will not be held responsible for anything that occurs at the venue or any illegal activity that is conducted at the venue. You agree, that Partytickets.in is only the ticketing partner, and their role in the event ends at that.
d. In any situation where Partytickets.in is intimidated that the event was an illegal one and proper permissions were not procured and we (Partytickets.in) were led to believe otherwise, a full refund would be initiated to the ticket buyer(s) after deducting the fees or commissions liable to be paid for our services including any Payment Gateway fees and taxes.
e. In the event of the cancellation of an event or under any circumstances that an organizer requests that a refund is to be made to the ticket buyers, the organizer takes full responsibility to pay Partytickets.in for their services including all commissions, taxes and Payment Gateway fees and taxes, and any charges that maybe incurred that are not specified herein.
f. You will not manipulate or try to bend or break the terms through any means, shifty tactics or twisting wordings.
g. Once agreed, you (organizer), agrees to understand the terms of these contracts in its entirety are understood by you as implied by Partytickets.in understanding and in case of any legal action. You as the Organizer, will not attempt or try to manipulate or try to bend or break the terms through shifty tactics or twisting wordings or not understanding what a particular paragraph, sentence or words meant. You agree not to copy, sell, resell, duplicate any part of Partytickets.in platforms for any purpose.
h. You are only authorized to use the Partytickets.in platforms (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
i. Partytickets.in will not be responsible for any costs, consequences or damages caused to any persons
or entities due to any unauthorized use of the services offered by Partytickets.in.
9. WARRANTY OF THE ORGANIZER:
The organizer warrants to Partytickets.in, that there is no disagreement between the organizer listing events and the venue, or the owner or user of a venue, or a third party, which affects the organizers’ use of the Partytickets.in platforms in accordance with the terms mentioned throughout this agreement. The organizer is allowed and authorized to enter into this agreement with Partytickets.in, including the right to authorize Partytickets.in platforms in accordance to these terms to act as an agent and to sell tickets for events of the organizer.
10. DUTIES OF THE ORGANIZER:
While we try to keep everything functioning and running smooth, we cannot guarantee that the website or the platforms will remain seamless throughout and minor bugs, maintenance, fixes maybe required from time to time, which may result in down-time of the Partytickets.in platforms.
i.) The organizer has the duty in their own best interest to inform Partytickets.in immediately about unavailability or malfunctions of the Partytickets.in platforms.
ii.) The organizer has the obligation to inform Partytickets.in immediately about every change of his/her name, company name, address, legal form or bank details in written form or via E-Mail.
iii.) The organizer shall not use the Partytickets.in platforms for illegal events.
iv.) The organizer shall not use the Partytickets.in platforms to upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
v.) The organizer and/or organizer’s event will not contain and/or promote any sexually explicit or sexually suggestive content, including pornographic material, “adult friend finders” or dating sites with a sexual emphasis, “adult” toys or sexually explicit videos.
vi.) The organizer and/or organizer’s event will not contain and/or promote any way of provision or selling of drugs, weapons or prohibitive substances.
vii.) The organizer shall not use the Partytickets.in Platforms to harm minors in any way.
Viii.) The organizer shall not impersonate any person or entity, including, but not limited to, an Partytickets.in platform’s representative, or falsely state or otherwise misrepresent its affiliation with a person or entity.
ix.) The organizer shall not forge any content by Partytickets.in or headers/footers or otherwise manipulate identifiers to disguise the origin of any Information transmitted through the Service.
11. ORGANIZER PRIVACY POLICY
At no point in time Partytickets.in divulge or share the information of its ticket buyers with the organizer(s) beyond what is required. Partytickets.in does not sell it’s users database to third parties. For completely privacy policy and Terms of use as well as Terms and Conditions for how platforms for Partytickets.in, kindly visit the website and check for the Privacy Policy and Terms and Conditions mentioned on Partytickets.in and it’s platforms. Signing this agreement also means that you have read the Privacy Policy and Terms and Conditions mentioned on the Website or mobile apps of Partytickets.in and you agree to respect it and will co-operate with partytickets.in to abide by the same.
12. TERMINATION OF SERVICES:
a. Either Partytickets.in or Organizer(s) may terminate this Agreement and a Service with or without cause at any time to be effective immediately with a written information exchange between each other via email.
b. This Agreement may be terminated by either Partytickets.in or Organizer(s) through a written notice to the other.
c. If you desire to cancel your services, please email partytickets.in@gmail.com from your registered authorized email id. No cancellation fee will be charged.
d. Once your account is cancelled, your Content will not be recovered.
e. Any past dues/fees, taxes, etc. will be recovered prior to closing the account and may take up to 30 days for the complete closure of your account.
f. Failure to pay any dues by the Organizer to Partytickets.in may result in legal action for recovery of such amounts.
13. CREATIVE CONTENT:
Advertising/creative material – Partytickets.in would not be held liable for any inappropriateness of the advertisement contents due to the dynamic nature of web, invisible/hidden contents, error, omission or inaccuracy in printed or digital form.
Partytickets.in reserves the right to remove and/or reposition the advertising/creative material.
14. INTELLECTUAL PROPERTY RIGHTS:
You agree that Partytickets.in owns all rights, databases, visual-design and layout of the Partytickets.in platforms. Partytickets.in claims no intellectual property rights over the material you provide while listing your event or otherwise. Your profile and materials uploaded remain yours and you are solely responsible for the content you upload to Partytickets.in platforms.
You may not use any robot, spider, other automated device, or any other Artificial Intelligence, Automated, Bots or manual process to monitor or copy any Content from the Service.
You may not resell, duplicate or reproduce or exploit any part of the services provided by the Partytickets.in platforms without the written consent permission of Partytickets.in.
You may not duplicate, copy, or reuse any portion of the visual design or layout of the Partytickets.in platforms without the prior written permission of Partytickets.in.
15. LIMITATION OF LIABILITY:
You agree that Partytickets.in shall, in no event, be liable for any consequential, incidental, indirect, special, punitive or other loss or damage whatsoever or for the loss of business profits, business interruptions, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use this website, even if Partytickets.in has been advised of the possibility of such damage.
Partytickets.in makes no representations or warranties as to the completeness or accuracy of Information contained on the website, any inaccuracies shall keep updating in time and it is also required by the Organizer(s) to let us know if they find anything that needs to be reviewed and updated, this also helps safeguard their own goodwill.
The service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain.
Therefore, you agree that Partytickets.in shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Partytickets.in.
You further acknowledge that Partytickets.in liability for its own negligence may not in any event exceed an amount equivalent to commission being charged on tickets during the period in which damages occurred.
In no event shall Partytickets.in be liable for any special or consequential damages, loss or injury.
16. INDEMNITY:
You agree to indemnify and hold Partytickets.in platforms, and their owner, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including any attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the website (including through the Share Services like WhatsApp, Facebook, Instagram, Telegram, Customer Support Chat, or any medium through which information has been shared by you with Partytickets.in), your use of this website, your conduct in connection with this website or with other users of the website, or any violation of this Agreement or of any law or the rights of any third party.
17. MODIFICATIONS:
Partytickets.in reserves the right, at our discretion, to change, alter, modify, amend the terms and conditions of this agreement at any point in time of the contract needing no prior notice. When we do, we will notify you by email. It is, therefore, very important that you confirm the acceptance of any new changes in the Agreement via email. No additional signatures will be required, the changes/modification will supersede the initial agreement on receiving confirmation from you (The Organizer) via the official email ID mentioned by you while signing up for using services by Partytickets.in platforms.