THIS AGREEMENT IS BETWEEN YOU & ANY OTHER INDIVIDUAL OR ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (collectively “User”) AND www.CHKDIN.com (a unit of Harlalka Services India Pvt. Ltd.), ITS AFFILIATES AND SUBSIDIARIES (collectively “CHKDIN”):
The CHKDIN ‘Services’ are offered to you conditioned upon your acceptance without modification of the terms, conditions and notices contained herein (the “Agreement”). Your use of the CHKDIN ‘Services’ constitutes your acknowledgement and agreement to all such terms, conditions and notices, as set forth below and in all links to this Agreement. If you do not agree to accept the terms of this Agreement, you should not access or use the CHKDIN‘Services’.
The validity period of CHKDIN ‘Services’is for lifetime unless as modified or terminated by CHKDIN
Unless otherwise specified, the CHKDIN ‘Services’ are exclusively for: business use as it relates to your relationship to CHKDIN, and your personal and other non-commercial use. Unless expressly permitted by CHKDIN, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, solutions/products or services obtained from the CHKDIN‘Services’. Subject to any applicable terms in addition to this Agreement, you may download information, software, solutions/products or services obtained from the CHKDIN ‘Services’ only for business use as it related to your relationship with CHKDIN, your personal and other non-commercial use, provided you keep intact all copyright and other proprietary notices
CHKDIN makes no representations whatsoever about any other web site which you may access through the CHKDIN‘Services’. When you access a non-CHKDIN Web Site / service, even one that may contain the CHKDIN-logo or other CHKDIN trademark, service mark or trade name, please understand that it is independent from CHKDIN, and that CHKDIN has no control over the content on that web site. Additionally, the CHKDIN Web Sites may contain links to other web sites (“Linked Sites”). The Linked Sites may not be under the control of CHKDIN and CHKDIN is not responsible for the contents of any Linked Site not under CHKDIN control, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CHKDIN is not responsible for any form of transmission received from any Linked Site. CHKDIN makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Linked Sites and shall have no liability for any damages or injuries of any kind arising from such content or information. CHKDIN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CHKDIN of the site or any association with its operators. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature
As a condition of your use of the CHKDIN ‘Services’, you warrant to CHKDIN that you will not use the CHKDIN ‘Services’ for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CHKDIN ‘Services’ in any manner which could damage, disable, overburden, or impair the CHKDIN ‘Services’ or interfere with any other party’s use of the CHKDIN‘Services’. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the CHKDIN‘Services’
1. Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by CHKDIN in connection with the ‘Services’ (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. CHKDIN may own the Site Content or portions of the Site Content may be made available to CHKDIN through arrangements with third parties. Except as expressly authorized by CHKDIN in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content or post any Site Content on any other web site or in a networked computer environment for any purpose whatsoever. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of CHKDIN. You shall only use the Site Content for purposes that are permitted by these Agreement and as permitted by all applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
b. Your Content.
Please note that any information or material sent to CHKDIN that is not covered by the CHKDIN’s Privacy Policies, whether by post, upload, input or submission to the CHKDIN ‘Services’ or their associated services will be deemed NOT to be confidential and CHKDIN shall have no obligation of any kind with respect to such your Content or any underlying information. You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”), you hereby grant to CHKDIN a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party and (ii) complies with all applicable laws and regulations (foreign and domestic). CHKDIN reserves the right to remove, in its sole and exclusive discretion, any of Your Content from the ‘Services’ at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content). In addition, if you are an Organiser, you agree that CHKDIN may use your name and logo (whether or not you have made it available through the ‘Services’) for the purpose of identifying you as an existing or past customer of CHKDIN both on the Site and in marketing and promotional materials.
c. Certain Restrictions.
You understand that you are solely liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services. You agree not to use the ‘Services’ to: (i) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes which shall be conducted in a manner that complies with all applicable and governing laws and regulations; (iv) impersonate any person or entity, including, but not limited to, a CHKDIN representative or otherwise misrepresent your affiliation with any person or entity; (v) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; (vii) upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the ‘Services’ in a manner not permitted by this Agreement or expressly authorised by CHKDIN; (viii) interfere with or disrupt the Services or servers or networks connected to the ‘Services’, or disobey any requirements, procedures, policies or regulations of networks connected to the ‘Services’; or (ix) intentionally or unintentionally violate any applicable law or regulation (foreign or domestic).
d. You acknowledge that CHKDIN does not always pre-screen all Content provided or made available by you or any third party in connection with the ‘Services’, but that CHKDIN and its designees shall have the right (but not the obligation) in their sole and exclusive discretion to (i) monitor, alter or remove any of your Content, in whole or in part and/or (ii) rescind and terminate your right to use the ‘Services’ at any time (with or without notice) for any reason or no reason. You acknowledge and agree that CHKDIN may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Agreement; (iii) respond to claims that any of your Content violates the rights of third parties and/or (iv) protect the rights, property, or personal safety of CHKDIN, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
a. Any software that is made available to download from the CHKDIN Web Sites, is the copyrighted work of CHKDIN and/or its suppliers (“Software”). Any hardware or services ordered through the CHKDIN Web Sites and your use of the Software is governed by the terms of the business agreement or end user agreement, if any, which accompanies or is included with the Software (“License Agreement”) or the agreement which either you or your employer currently has with CHKDIN. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
All contents of the CHKDIN ‘Services’ are: Copyright 2016 – ChkdIn. All rights reserved. The software and documentation are protected by copyright laws as well as international copyright treaties. Material found on the CHKDINWebsites contains the valuable properties of CHKDIN, embodying substantial creative efforts, no part of which may be reproduced or transmitted in any form or by any means, or retained in any storage or retrieval system, without the express written permission of CHKDIN. The use or misuse of these trademarks, service marks, trade names, copyrights, or other materials (collectively “Intellectual Property”), except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, communications regulations and statutes, and other laws, statutes and/or regulations. CHKDIN For information about referencing or using CHKDIN Marks (trademarks, service marks and trade names), please contact CHKDIN directly.
CHKDIN will respond expeditiously to claims of copyright infringement committed at the CHKDIN ‘Services’ or at a location to which CHKDIN provides a link, that are reported to the individual designated below. If you are a copyright owner, or are authorized to act on behalf of an owner of any exclusive right under copyright, and you believe that your work has been copied in a way that constitutes copyright infringement by CHKDIN or a user, you may submit a notice of infringement to the individual designated below. CHKDIN may, in appropriate circumstances, terminate a CHKDIN ‘Services’ user if he or she is a repeat infringer. If you believe that a CHKDIN Web Site user is a repeat infringer, please follow the instructions below to contact CHKDIN’s designated agent and provide information sufficient for CHKDIN to verify that the user is a repeat infringer.
a. You agree to indemnify, defend and hold harmless CHKDIN, its officers, directors, employees, agents, information providers and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement or any activity related to your use of the CHKDIN ‘services’ and any account you might have (including infringement of third parties’ worldwide intellectual property rights, misappropriation of trade secrets or other proprietary rights or negligent or wrongful conduct). b. You agree to indemnify, defend and hold harmless CHKDIN, its officers, directors, employees, agents, information providers and suppliers from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from uploading of incorrect information / data / records in CHKDIN ‘services’ by you or any third party.
You hereby release and forever waive any and all claims you may have against CHKDIN, its officers, directors, employees, agents, information providers or suppliers for losses or damages you sustain in connection with your use of the CHKDIN ‘Services’. This section will not apply to claims arising from gross negligence or wilful misconduct by CHKDIN or any other claims in respect of liability that cannot be lawfully excluded or limited.
Either you or CHKDIN may terminate your right to use the CHKDIN ‘Services’ at any time, with or without cause, upon notice. In addition, CHKDIN may withdraw, suspend or discontinue any functionality or feature of the CHKDIN‘Services’; provided, however, that if your agreement with CHKDIN provides for the continued use of any functionality or feature, CHKDIN will continue to provide that respective functionality or feature to you subject to the provisions of such agreement. The provisions concerning Copyrights, Indemnification, Waiver, Release and Limitation of Liability, and General shall survive any termination of this Agreement.
CHKDIN may deliver notice to you under this Agreement by means of electronic mail or a general notice on the CHKDIN‘Services’. You may give notice to CHKDIN at any time via electronic mail to firstname.lastname@example.org. Legal. Information on the CHKDIN‘Services’ may be changed or updated without notice. CHKDIN may also make improvements and/or changes in the solutions and/or the services described on the CHKDIN‘Services’ at any time without notice. In the event of any conflict between the terms of this Agreement and the terms and conditions of a dually-executed agreement between CHKDIN and User, the terms of the dually-executed agreement between CHKDIN and User shall have precedence.
CHKDIN makes no representations that the information on the CHKDIN ‘Services’ is appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited. Those who choose to access the CHKDIN ‘Services’ from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Information CHKDIN publishes on the World Wide Web may contain references or cross references to CHKDIN solutions, programs and services that are not announced or available in your country. Such references do not imply that CHKDIN intends to announce such solutions, programs or services in your country.
1. Acceptance of Terms
The ChkdIn Application ("Application") is an internet based entertainment ticketing portal owned and operated by Harlalka Services India Private Limited (HSIPL), a company incorporated under the laws of India, with its registered office at 504, Ambe Residency, Somasunderapallya, HSR Layout Sector - 2, Bangalore, 560102, Karnataka, India. Through the Application, HSIPL shall provide you ("User") entertainment-related information, pricing, availability and reservations for ticket for plays, concerts, sports events across cities and rural areas throughout India ("Service"), as more particularly described and defined in the terms of service ("TOS") relating to such Service, This Service may be availed by the User, his family members, friends. This User Agreement ("Agreement") sets out the terms and conditions on which HSIPL shall provide the Services to the User through the Application. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant TOS for such Service, which may be updated or modified by HSIPL from time to time. Such TOS shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. Use of the Application is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Application from time to time. For the removal of doubts, it is clarified that use of the Application by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. Additionally, the Service Provider may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, event tickets, gift vouchers, Combos, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers. In the event that any of the terms, conditions and notices contained in this Agreement or the TOS conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail
2. Modification of Terms
HSIPL reserves the right to change the terms, conditions and notices under which the Services are offered through the Application, including but not limited to the charges for the Services provided through the Application. The User shall be responsible for regularly reviewing these terms and conditions.
4. Limited Users
The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Application is not for commercial use but is specifically meant for personal use only. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Application. Limited reproduction and copying of the content of the Application is permitted provided that the HSIPL's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Application is not permitted
5. Disclaimer of Warranties/Limitation of Liabilities
HSIPL has endeavoured to ensure that all the information on the Application is correct, but HSIPL neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. HSIPL makes no warranty, express or implied, concerning the Application and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the Application. Since HSIPL acts only as a booking agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall HSIPL be liable for the services provided by the service provider. Although HSIPL makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the Application is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, HSIPL is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided byHSIPL does not endorse any advertiser on its Application in any manner.The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. In no event shall HSIPL be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Application. Neither shall HSIPL be responsible for the delay or inability to use the Application or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Application, or otherwise arising out of the use of the Application, whether based on contract, tort, negligence, strict liability or otherwise. further, HSIPL shall not be held responsible for non-availability of the Application during periodic maintenance operations or any unplanned suspension of access to the Application that may occur due to technical reasons or for any reason beyond HSIPL's control. the user understands and agrees that any material and/or data downloaded or otherwise obtained through the Application is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.the maximum liability on part of HSIPL arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. in no case the liability shall include any consequential loss, damage or additional expense whatsoever.
6. Link to third party sites
The Application may contain links to other Applications ("Linked Sites"). The Linked Sites are not under the control of HSIPL or the Application and HSIPL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HSIPL is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. HSIPL is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by HSIPL or the Application of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. HSIPL is not responsible for any errors, omissions or representations on any Linked Site. HSIPL does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
7. Prohibition against unlawful use
As a condition of the use of the Application, the User warrants that they will not use the Application for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Application shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Application. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Application.
8. Use of Communication Services
The Application may contain services such as email, chat, bulletin board services, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application or another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters;download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service; violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Application contained elsewhere herein. HSIPL has no obligation to monitor the Communication Services. However, HSIPL reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. HSIPL reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever. HSIPL reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HSIPL's sole discretion. HSIPL does not control or endorse the content, messages or information found in any communication service and, therefore, HSIPL specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
9. Termination/Access Restriction
HSIPL reserves the right, in its sole discretion, to terminate the access to the Application and the related services or any portion thereof at any time, without notice. Fees Payment HSIPL reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the HSIPL Services. HSIPL further reserves the right to alter any and all fees from time to time, without notice. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the HSIPL Services
10.User’s Obligation and User account
In consideration of use of the Application, the User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from using the Application and/or receiving the Services under the laws of India or other applicable law. To avail a Service, the User has and must continue to maintain at his sole cost: (a) all the necessary equipment including a computer and modem etc. to access the Application/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User. The user also understands that the services may include certain communications from HSIPL as service announcements and administrative messages. the user understands and agrees that the services are provided on an "as is" basis and that HSIPL does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings. Registration of the User on the Application is optional. If the User opts to register himself on the Application, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password and for all transactions undertaken using your password through our service. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to HSIPL. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions you make using the HSIPL services. HSIPL will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details number for using HSIPL Services. The user also agrees and undertakes to immediately notify HSIPL of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the Application. HSIPL shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement. The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Application; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or HSIPL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HSIPL has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Application and/or any Service. Furthermore, the User grants HSIPL the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
Without prejudice to the other remedies available to HSIPL under this agreement, the TOS or under applicable law, HSIPL may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the Application if:
(a) the user is in breach of this agreement, the tos and/or the documents it incorporates by reference;
(b) HSIPL is unable to verify or authenticate any information provided by the user; or
(c) HSIPL believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the Application and/or HSIPL.
HSIPL may at any time in its sole discretion reinstate suspended users. once the user have been indefinitely suspended the user may not register or attempt to register with HSIPL or use the Application in any manner whatsoever until such time that the user is reinstated by HSIPL. notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, HSIPL reserves the right to recover any amounts due and owing by the user to HSIPL and/or the service provider and to take strict legal action as HSIPL deems necessary.
12. Propieratory Rights
HSIPL may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized byHSIPL and shall not copy, transmit or create derivative works of such material without express authorization from HSIPL. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Application that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Application with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Application by the User contained herein or any other section or pages of the Application and/or the Linked Sites, shall be deemed to constitute a partnership between the User and HSIPL and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Application, the User authorizes HSIPL and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed HSIPL and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Application by the User contained herein or any other section or pages of the Application or any Linked Sites in any manner whatsoever.
15. Interpretations of numbers and genders
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole
The User agrees to indemnify, defend and hold harmless HSIPL from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by HSIPL that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
18. Termination of Agreement and Services
Either the User or HSIPL may terminate this Agreement and a Service with or without cause at any time to be effective immediately. The User agrees that HSIPL may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Application/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services as specified in the applicable TOS. This Agreement may be terminated by either the User or HSIPL through a written notice to the other. HSIPL shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any TOS or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Application/Service; and (b) notify HSIPL of such discontinuance. Upon termination of the Service, User's right to use the Application/Services and software shall immediately cease. The User shall have no right and HSIPL shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Application may not be retrieved later.
All notices and communications (including those related to changes in the TOS, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: If to HSIPL, at contact@chkdIn.com or at the address posted on the Application. If to a non-registered User, at the communication and/or email address specified in the application form availing of a HSIPL Service. If to a registered User, at the communication and/or email address specified in the registration form. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
20. Governing Law
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Bangalore.
21. Purchase Policy
Payment method: ChkdIn accepts Visa, MasterCard, American Express, select Debit Cards and Net Banking. Other payment methods may be added from time to time. Who You Are Buying from: ChkdIn acts as the agent to those who are promoting the events for which you purchase tickets ("Event Organizer"). When you purchase a ticket for an event, ChkdIn will be handling the transaction and collecting payment for the organizer. Pricing and Availability: ChkdIn sells tickets on behalf of Event organizers and does not control the inventory or its availability and pricing. Internet Handling Fees and Other Processing Fees: Tickets purchased on ChkdIn are subject to a per ticket internet handling fee and a non-refundable per order processing fee. Amount of Tickets Per Customer or "Ticket Limits": When purchasing tickets on ChkdIn you are limited to a specified number of tickets for each event. Order Confirmation: If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the same form your booking history or with the Customer Service Department whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. ChkdIn will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. Refunds and Exchanges: Before purchasing tickets, carefully review your booking details. ChkdIn prohibits exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets. Billing Information Verification: Some Orders will be processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, ChkdIn customer service will attempt to contact you, using the information provided at the time of purchase. If ChkdIn is unable to reach you after its initial attempt, ChkdIn may cancel your order and may sell your tickets to another customer
ChkdIn offers multiple delivery options. The options may vary from for different events/movies. Currently the following delivery options are available: Email confirmation: Your booking confirmation will be sent via an email. This confirmation needs to be printed and shown at the ticket counter to get a physical ticket. SMS confirmation: Your booking confirmation will be sent via an SMS. The SMS details need to be shown at the ticket counter to get a physical ticket.In case you experience any problems please contactus at email@example.com. Delivery will be attempted twice before cancelling your transaction.
In all the cases you will need to produce the credit/debit card used to purchase the tickets for picking up the tickets at the venue. In case the credit/debit card user is not picking up the tickets, an authorization with the photocopy of this credit/debit card signed by the credit/debit card holder need to be produced at the time of picking up the tickets. Please note that signature on the card must match the signature used for authorization. Physical Tickets will be delivered to your address confirmed on the Application.
24. Pricing and Other Errors:
If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this web site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then: ChkdIn will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this web site.
25. Cancelled/Postponed Events
Occasionally, events are cancelled or postponed by the promoter. Should this occur, we will attempt to contact you and refund the amount as per the policy of the organizer.
26. Customer Care
If you need help regarding your order or any other issue, the best in the company is available. We guarantee a response time of one working day and you can reach our customer service department at contact@ChkdIn.com
27. Gift Vouchers
28. Buyer Beware
Read Through our Terms and Conditions Carefully.Accepting the Terms and conditions while booking a ticket online makes it a valid contract between you and us. Booking Id's generated only through in.ChkdIn.com shall be considered by us as a valid Booking Id. Ensure the personal details entered including the card details are accurate. Booking Id's once generated cannot be cancelled/refunded/exchanged. Ensure the Booking Id's are kept safe and always in your or such person's possession who is considered as your authorized/rightful holder of the same. Anybody in possession of the Booking Id shall be entitled to get the same exchanged for a valid Ticket without further security checks on the title of such holder. Ensure that the Booking Id's are not compromised or resold. Do not entertain any person who sells print outs or SMS of Booking Id's generated by us. If you come across any person undertaking such activity, immediately report the same to the local police station and to us at firstname.lastname@example.org. We never sell a Ticket at a price higher than the price mentioned in our Application. We will never ask for your Personal Identification Number (PIN) details over the phone or through any means except through the transaction page on the Application when you book online. Do not encourage any persons posing as our authorised representative/agent trying to sell you special offer voucher/gift vouchers/physically printed booking id's/win pins/voucher e-codes etc. Report the same immediately to us at 9620834903. Booking Id's generated by us entitles the holder to exchange it for a valid Ticket. The same does not constitute a valid Ticket in itself. We will never sell you Booking Id's as Tickets. Booking Id's generated entitled the holder thereof to a valid ticket. It is your responsibility to ensure that the holder is the rightful holder of the same. Do not compromise or misuse the Booking ID's.
29. Prohibited Electronics Equipment
Customers are advised to avoid carrying Laptops, HandyCams, iPads, Tablets and Digital Cameras to the events until and unless the Event Organizers allow you to.