REVISION: [08-Aug-2023]
Please read this terms of service agreement carefully. By using this platform or ordering products and services from this platform you agree to be bound by all of the terms and conditions of this agreement.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.nishaenvent.in, its associated social media profiles, Nisha Events (“Nisha Events”) offer of products and services for purchase on this Platform, or your purchase of products and services available on this Platform. This Agreement includes, and corporates by this reference, the policies and guidelines referenced below. Nisha Events reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Platform. Nisha Events will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Platform. Your use of the Platform following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Nisha Events encourages you to review this Agreement whenever you visit the Platform to make sure that you understand the terms and conditions governing the use of the Platform. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Nisha Events for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Platform.
1. Membership Eligibility
Use of Nisha Events Platform is only for those individuals or legal entities who can form legally binding contracts under the applicable law. Therefore, if you are a minor, that is below 18 years of age, you are not eligible to use or transact on this Platform.
2. Products and Services
Terms of Offer.
Nisha Events is an online marketplace for providing Experiences. “Experiences” are certain products and services package together, and marketed, sold via the Platform. In order to provide a comprehensive choice of Experiences, it has tied up with many vendors and service providers. By placing an order for Experiences or surprises through Nisha Events, you agree to the terms set forth in this Agreement.
Communication. If you the Platform or send emails or other data, information or communication to the Platform, you consent to receive communication from the Platform and its employees and shareholders by email, SMS, electronic alert and call to provide you with, but not limited to, updates, reminders and feedback requests.
Customer Solicitation: Unless you notify Nisha Events sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails, notifications, messages and call solicitations from Nisha Events and its designated in-house or third party call and message team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations.
- You may use the opt-out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email to Nisha Events on the contact email mentioned on our website Proprietary Rights. Nisha Events has proprietary rights and trade secrets in the Experiences. You may not copy, reproduce, resell or redistribute any Experiences manufactured and/or distributed by Nisha Events. Nisha Events also has rights to all trademarks and trade dress and specific layouts of this site, including calls to action, text placement, images and other information. Goods & Service Tax: If you purchase any Experiences, you will be responsible for paying any applicable sales tax and service tax.
- In case of damage or loss to/of any person or material property during the event organised by the company, Nisha Events won’t be responsible.
- In case of damage or loss of/due to Addons (included in the package) such as photographs, cake, etc. provided by Nisha Events,an appropriate refund(equivalent to the cost of damaged Addon) may be claimed at a later date.
- Nisha Events won’t be responsible for any accident or loss of life occurred during any event organised.
3. Platform
Content; Intellectual Property; Third Party Links. In addition to making Experiences available, this Platform also offers information and marketing materials. This Platform also offers information, both directly and through indirect links to third-party websites. Nisha Events does not always create the information offered on this Platform; instead, the information is often gathered from other sources. To the extent that Nisha Events does create the content on this Platform, such content is protected by intellectual property laws of the Indian, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Platform is for personal, non-commercial use. Any links to third-party websites are Nisha Events provided solely as a convenience to you. Nisha Events does not endorse the contents on any such third-party websites. Nisha Events is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. Use of Platform; Nisha Events is not responsible for any damages resulting from the use of this Platform by anyone. You will not use the Platform for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Platform (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Platform by other users, (3) not resell material on the Platform, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Platform License. By using this Platform, you are granted a limited, non-exclusive,non-transferable right to use the content and materials on the Platform in connection with your normal, non-commercial,use of the Platform. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Nisha Events or the applicable third party (if third party content is at issue). Posting. By posting, storing, or transmitting any content on the Platform,you hereby grant Nisha Events a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and licenseto use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assignsuch content in any form, in all media now known or hereinafter created, anywhere in the world. Nisha Events doesnot have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post. Nisha Events is not liable for any damage or harm resulting from any posts by or interactions between users. Nisha Events reservesthe right, but has no obligation, to monitor interactions between and among users of the Platform and to removeany content Nisha Events allow objectionable, at its sole attention. User Accounts; Promotions. Nisha Events reservesthe right to collect user data including name, contact information, location-based information provided by telecommunication companies or personal devices and other details to facilitate Experiences or use of the Platform. All information collected from the user are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of your services or the use of the platform without priornotice. Your accounts bearing contact number and email IDs are created and owned by Nisha Events. Any promotional discounts, offers, and reward point accumulated can be revoked without prior notice in the event of suspicious account activity or your mollified intent. In the case the Platform is unable to establish your unique identity against a valid mobile number or e-mail ID, your account shall be indefinitely suspended and Nisha Events doesnot have the liability to share any account information whatsoever. Experiences. The Company shall be entitled at any time without giving any reason to terminate the booking of your Experience(s). Further, Nisha Events encourages all its customers to take full responsibility for his/her items. In the case of lost items during an Experience, Nisha Events will try to locate the items on a “best-effort” basis but is not responsible for the same in the case of loss or damage to the same. Payment. Using any of the payment method/s on the Platform, Nisha Events will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: lack of authorization for any transaction/s, or exceeding the limit mutually agreed by You and between “Bank/s”, or any payment issues arising out of the transaction, or decline of transactionfor any other reasons. By making the Payment to Nisha Events, you understand that Nisha Eventsis neither a banking nor financial service, but only a facilitator providing electronic, automated online payments. Through providing payment facility, Nisha Events is not assuming any fiduciary responsibility or acting as trustee for the concernedtransaction.
4. Disclaimer of Warranties
Your use of this platform and/or experiences are at your sole risk. The platform and experiences are offered on an “as-is” and “as-available” basis. Nisha Events expressly disclaims all warranties of any kind, whether expressor implied, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose and no infringement with respect to the experiences or platform content, or any reliance upon or useof the platform content or experiences. (including trial experiences) without limiting the generality of theforegoing, Nisha Events makes no warranty: that the information provided on this platform is accurate, reliable,complete, or timely. That the links to third-party websites are to information that is accurate, reliable, complete, or timely. No advice or information, whether oral or written, obtained by you from this platformwill create any warranty not expressly stated herein. As to the quality of the experiences or unintended effectsof or accidents during the experiences. Regarding any experiences purchased or obtained through the platform.Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may notapply to you.
5. Limitation of Liability
Nisha Events entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the platform content and experiences and/or for any breach of this agreement is solely limited to the commission earnedby the platform, less shipping, and handling, for experiences purchased via the platform. Commission earnedis the difference between the amount you paid, less the amount Nisha Events damages in connection with this agreement or the experiences in any manner, includingliabilities resulting from (1) the use or the inability to use the platform content or experiences; (2) thecost of procuring substitute experiences or content; (3) any experiences purchased or obtained or transactionsentered into through the platform; or (4) any lost profits you allege. Some jurisdictions do not allow thelimitation or exclusion of liability for incidental or consequential damages so some of the above limitationsmay not apply to you.
6. Indemnification
You will release, indemnify, defend and hold harmless Nisha Events, and any of its contractors, agents, employees, officers, directors, partners, shareholders, affiliates and assigns from all liabilities, claims, damages, costs andexpenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of(1) this Agreement or the breach of your warranties, representations and obligations under this Agreement;(2) the Platform content or your use of the Platform content; (3) the Experiences or your use of the Experiences(including Trial Experiences); (4) any intellectual property or other proprietary right of any person or entity;(5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Nisha Events. When Nisha Events is threatened with suit by a third party, it may seek written assurances from you concerning your promise to indemnify; your failure to provide such assurances may be considered by Nisha Events to be a materialbreach of this Agreement. Nisha Events will have the right to participate in any defense by you of a third-partyclaim related to your use of any of the Platform content or Experiences, with counsel of our choice at itsexpense. We will reasonably cooperate in any defense by you of a third-party claim at your request and expense.You will have sole responsibility to defend Nisha Events against any claim, but you must receive prior writtenconsent regarding any related settlement. The terms of this provision will survive any termination or cancellationof this Agreement or your use of the Platform or Experiences.
7. Privacy
Nisha Events believes strongly in protecting user privacy and providing you with notice of Nisha Events use of data. Please refer to Nisha Events privacy policy, incorporated by reference herein that is posted on the Platform.
8. General
Nisha Events will not be deemed in default here under or held responsible for any interruption or delay in the performance of its obligations here under due to earthquake, flood, fire, storm, natural disaster, the act of God, war,terrorism, armed conflict, labor strike, lockout, or boycott. Nisha Events may at any time, in its sole attentionand without advance notice to you, cease operation of the Platform and distribution of the Experiences. Thiscomprises the entire agreement between you and Nisha Events and overrule any prior agreements pertaining to thesubject matter contained herein. The failure of Nisha Events to exercise or enforce any right or provision ofthis Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the courtshould endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Governing Law; India. This Platform originates from NewDelhi. This Agreement will be governed by the laws of the State of New Delhi without regard to its conflictof law principles to the contrary. Neither you nor Nisha Events will commence or prosecute any suit, proceedingor claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement,or otherwise arising under or by reason of this Agreement, other than in courts located in State of New Delhi.By using this Platform or ordering Experiences, you consent to the jurisdiction and venue of such courts inconnection with any action, suit, proceeding or claim to arise under or by reason of this Agreement. You herebywaive any right to trial by jury arising out of this Agreement and any related documents. You agree that regardlessof any statute or law to the contrary, any claim or cause of action arising out of or related to use of thePlatform or Experiences or this Agreement must be filed within one (1) year after such claim or cause of actionarose or be forever barred. Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocablywaive any right you may have to join claims with those of other in the form of a class action or similar proceduraldevice. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
9. Termination
Nisha Events reserves the right to terminate your access to the Platform if it reasonably believes, in its sole wisdom, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Platform and we may cancel any outstanding orders without advance notice to you. When your access to the Platform is terminated, Nisha Events reserves the right to exercise whatever it allownecessary to prevent unauthorized access to the Platform. This Agreement will survive indefinitely unless and until Nisha Events chooses, in its sole attention and without advance to you, to terminate it. Nisha Events makes no representation that the Platform or Experiences are appropriate or available for use in locations outside India. Users who access the Platform from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rightsand obligations under this Agreement to anyone. Nisha Events may assign its rights and obligations under this Agreement in its sole attention and without advance notice to you.
10. Cancellation
Bookings once confirmed can be cancelled before 72 hours of the booking date for refund of 100% in the bank account or credited to payment source account in 7-10 days. Reschedule can be done 24 working hours before delivery time. Last minute modifications i.e 12 hours before the delivery time shall not be entertained. No cancellations would be accepted for the booking on 13th and 14th February.
