Terms and Conditions


INTRODUCTION

This website, www.festplanner.com (the “Site” or “festplanner” or “we” or “our” or “us”) is published and maintained by Oriana IT Solutions Pvt Ltd, a company incorporated and existing in accordance with the laws of Republic of India. Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms"). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us", "our" and “festplanner” shall mean Oriana IT Solutions Pvt Ltd, its franchisor, affiliates and partners. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

SITE CONTENT

This Site is only for your personal use. You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with these Terms and Conditions of Use, festplanner grants you a non-exclusive, non-transferable, limited right to enter, view and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions. Answers to such questions may be mandatory and/or optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

THIRD PARTY CONTENT

FestPlanner is a distributor and not a publisher of Content supplied by third parties and Users. Any opinions, advice, statements, services, offers, or other information that constitute part of the Content are those of the respective authors or distributors and not of festplanner, unless expressly stated otherwise. User Created Content (as defined below) does not reflect the views of festplanner. Although we employ reasonable steps to ensure that the information in our venue listings is current and accurate, festplanner makes no representation, warranty or guarantee regarding the accuracy, completeness, or usefulness of such listings or of any Site Content unless otherwise expressly stated on the Site. In many instances, the Content represents the opinions and judgments of the third party that provides such Content. Under no circumstances shall festplanner be liable for any inaccuracy in the Content or for any loss, damage or harm caused by a User’s reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content (as defined below), available through the Site.

USER CREATED CONTENT

FestPlanner enables Users to post information and other material that will be visible to other Users, such as reviews or comments on venues they have used or interacted with (“User Created Content”). You may only upload to or otherwise submit to festplanner for distribution on the Site User Created Content that you own or that you have full rights to distribute over the Internet. You understand that any User Created Content that you provide to us will not be kept confidential. You further understand that you are solely responsible for your own User Created Content and the consequences of posting or publishing such Content. By uploading or otherwise making your User Created Content available to festplanner for inclusion on the Site, you represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to use and authorize Us to, and You also grant festplanner an irrevocable, perpetual, worldwide, royalty-free and non-exclusive right and license, with full rights to sublicense to, use, distribute, reproduce, modify, adapt, publicly perform, publicly display and otherwise transmit such User Created Content on the Site, any syndicated versions of the Site and in marketing and other materials related to festplanner‘s business in any media formats and through any media channels. You agree to indemnify Us for any claim arising out of your User Created Content. You further agree to ensure that all your User Created Content complies with the requirements listed below under “Content Rules.” You acknowledge that festplanner shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Site, including without limitation, your User Created Content, with or without notice for any reason, including without limitation that such Content violates these Terms. Notwithstanding the above, festplanner assumes no responsibility for ongoing monitoring or editing of any User Created Content, even after receiving notice that such Content is objectionable.

CONTENT RULES

You agree that any User Created Content that you post or otherwise provide to festplanner will not:

  • Be inaccurate
  • Be offensive, harmful and/or abusive to any person or entity, including but not limited to, attacks any particular person or entity, images depicting or language containing profanities, obscenities, harassment, vulgarities, sexually explicit material or material that promotes bigotry or discrimination against any particular classes.
  • Violate or infringe the intellectual property right, publicity right, privacy right or other proprietary right or any person or entity.
  • Violate any law or regulation or contain defamatory or libelous material.
  • Be a deceptive advertisement or cause, or be the result of, a conflict of interest.
  • Be inappropriate based on the applicable subject matter.
  • Contain personally identifiable information regarding individuals such as names, e-mails or phone numbers.
  • Impersonate others.
  • Be in a language other than English, be encrypted, contain viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
  • Assert or imply that your User Created Content is sponsored or endorsed by festplanner.

TERMINATION OF YOUR ACCESS

We may indefinitely suspend or terminate your (or any User’s) right to use or access all or any part of the Site, without notice, for any reason in our sole discretion, including without limitation, your violation of these Terms or our belief that such access would violate applicable law or be harmful to us or another User. You understand that if You are a registered User, such suspension or termination would include termination of your account in which case we must reserve the right to delete your account and all related information and files in your account, and bar any further access to such files or the Site. You understand and agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

FEEDBACK

FestPlanner welcomes your feedback, however, you understand and agree that by submitting ideas, suggestions, and feedback to festplanner regarding the features or functionality or Content of our Site, (“Feedback“), you are granting Us an irrevocable right to use and exploit such Feedback in whatever manner we deem fit without any obligation to you, monetary or otherwise.

ACCOUNT INFORMATION

You acknowledge, consent and agree that We may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  • Comply with legal process;
  • Enforce these Terms;
  • Respond to claims that any User Created Content violates the rights of any third party;
  • Respond to your requests for customer service; or
  • Protect the rights, property or personal safety of festplanner, its users or the public.

DISCLAIMER

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHERWISE USED TO PROVIDE THE SITE (COLLECTIVELY, “SITE MATERIALS”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPRESSLY SPECIFIED IN WRITING BY THE OWNER OR PROVIDER OF SUCH SITE MATERIALS. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, BUILDMYEVENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE ACCURACY OR RELIABILTY OF ANY SITE CONTENT, INCLUDING WITHOUT LIMITATION ANY USER CREATED CONTENT, (II) AS TO THE QUALITY OF ANY PRODUCTS, SERVICES OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, (III) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (IV) THAT THE SITE OR YOUR ACCESS THERETO WILL BE UNINTERRUPTED OR ERROR-FREE, OR (V) THAT THE SITE WILL BE FREE FROM VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL CODE OR COMPONENTS. BUILDMYEVENT DISCLAIMS ANY AND ALL LIAIBLITY FOR THE ACTS, OMISSIONS AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING VENUES AND OTHER USERS. BUILDMYEVENT IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURES TO ACT OF ANY THIRD PARTY REFERENCED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BUILDMYEVENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS ON WARRANTIES MAY NOT APPLY TO YOU. The material in this Site could include technical inaccuracies or typographical errors. Festplanner may make changes or improvements at any time. You acknowledge that uninterrupted access or use of this Website on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. Festplanner does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless buildmyevent.com 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 buildmyevent.com 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 you pursuant to these Terms.

LAW AND JURISDICTION

These terms shall be interpreted pursuant to the laws of the Republic of India. You expressly agree that the jurisdiction and venue for any litigation or arbitration brought to enforce any term mentioned here shall be in state court in Udaipur, Rajasthan.

GENERAL PROVISIONS

FestPlanner reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. We shall have no obligation to take the needs of any User into consideration in connection therewith. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third–party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, in your forfeiting any monies paid for such reservation(s), and/or in festplanner debiting your account for any costs we incur as a result of such violation. No waiver by festplannerof any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.