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TERMS OF USE

THIS DOCUMENT IS AN ELECTRONIC RECORD AND IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

Welcome to https://eventcrm.io/ (“Platform”) along with its associated mobile applications, sub-domains, sites, services and tools (as applicable), owned by IBEC Consulting Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office address at C-539, SFS Flats, Sheikh Sarai Phase I, New Delhi – 110017 (“EventCRM”).

Please read these terms of use (“Terms”) carefully, as it contains the terms and conditions governing the use of the Platform, any content such as text, data, information, software, graphics, audio, video or photographs that EventCRM may make available through the Platform and any services that EventCRM may provide through the Platform. In order to use the Platform, the User (defined below) must first agree to these Terms. By performing an affirmative action and thereafter, accessing the Platform, the User agrees and undertakes that the User is giving a free, specific, informed, unconditional and unambiguous consent to EventCRM, agreeing to these Terms and concluding a legally binding contract with EventCRM for the purposes specified herein. Please do not access or use the Platform if you do not agree with any of the terms provided herein or are unable to be bound by them. As a condition of the User’s access to and use of the Platform, the User hereby agrees that the User will comply with all applicable laws and regulations when using the Platform.

EventCRM reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time and will notify the User periodically, or whenever there is a change in these Terms, as the case may be, by email or by posting a conspicuous notice on the Platform in the event of any material revisions to these Terms. The User’s acceptance of the revised terms of use and thereafter, use of the Platform following the posting of changes shall be deemed to mean that the User accepts and agrees to the revisions made to these Terms. As long as the User complies with these Terms, EventCRM grants the User a personal, revocable, non-exclusive, non-transferable, non-sub-licensable and limited license to access and use the Platform.

The User should read these Terms and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to the User as a user of the Platform. Such linked information including but not limited to EventCRM’s privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms.

If the User is unwilling or unable to be legally bound by these Terms, please do not give your consent or use the Platform. The User cannot accept these Terms if: (a) the User is not lawfully entitled to use the Platform; or (b) if the User is less than legal age as applicable in their respective jurisdictions.

TERMS OF USE

In these Terms, unless the context or meaning otherwise requires all capitalised words and expressions defined by inclusion in quotation and/or parenthesis anywhere in these Terms, have the same meanings as ascribed to such words and expressions.

1. MEMBERSHIP ELIGIBILITY

Use of the Platform is available only to natural persons who can enter into legally binding contracts under the laws applicable in their respective jurisdictions. Persons who are “incompetent to contract” within the meaning of the laws applicable in their respective jurisdictions including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform. Any person under the legal age as applicable in their respective jurisdictions or with disability shall not register on the Platform and shall not transact on or use the Platform. If a minor or person with disability wishes to use or transact on the Platform, such use or transaction may be made by a verifiable consent by the minor/person with disability’ legal guardian or parents on the Platform. Any minor or person with disability accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and EventCRM shall not be responsible or liable for any activities or interactions of such minor or person with disability on the Platform. EventCRM reserves the right to terminate any User’s membership and/or refuse to provide such User with access to the Platform if it is brought to the notice of EventCRM or if EventCRM discovers for itself that such User is not eligible to use the Platform.

2. ACCEPTANCE OF TERMS

  • 2.1

    In order to use the Platform, any individual who visits and/or uses the Platform (“User”) must first agree to these Terms. The User can accept these Terms by:

    1. 2.1.1

      Actual usage of the Platform;

    2. 2.1.2

      Enrolling with EventCRM as a ‘Customer’ and clicking to accept these Terms, when prompted on the Platform;

    3. 2.1.3

      Logging onto the Platform by using the Login Credentials or such other credentials as may be communicated to the User by EventCRM from time to time. In this case, the User understands and agrees that the earlier affirmative consent given by him/her on the Platform shall be treated by EventCRM as a continued acceptance of these Terms; or

    4. 2.1.4

      By clicking to accept these Terms, if and when prompted on the Platform.

3. OPENING AN ACCOUNT

  • 3.1

    Registration by the User as a ‘Customer” is mandatory in order to avail the Services provided by EventCRM. The User understands that registration on the Platform is not available to the general public, and the User may only proceed with the registration as provided in these Terms upon sending a request to EventCRM or being invited for registration on the Platform in a manner deem fit by EventCRM.

    3.2

    In order to use the Platform, the User will have to create an account (“Account”) by signing up on the Platform which can be done by providing/using the following: (a) cell phone number of the User with password; (b) email address with password; or (c) such other login credentials that are adopted by EventCRM from time to time and duly intimated to the User, for setting up an Account on the Platform. Upon entering the required details, the User may either receive a One Time Password (OTP) for the purpose of verification of the Account or the Account may be verified by such other verification process adopted by EventCRM from time to time and duly intimated to the User, and upon completion of verification and other onboarding processes as may be indicated by EventCRM from time to time, the Account will be created and ready for use. The User agrees that, even if the User has been shortlisted and invited to register on the Platform, EventCRM reserves the right to withdraw its invite or decline to register the User on the Platform at its sole discretion. At no point of time can the User challenge the decision of EventCRM to not allow the User and/or the employees, and other identified third parties of the User (“Authorized Users”) (as the case may be) to avail Services (defined below) through the Platform.

    3.3

    In the event of use of the Platform by the Authorized Users, the User shall be responsible for the Authorized Users’ compliance with these Terms. Notwithstanding anything to the contrary contained in these Terms, the User agrees and acknowledges that EventCRM shall be entitled to reach out to such Authorized Users directly.

    3.4

    While signing-up on the Platform, the User shall not:

    1. (a)

      create an Account for anyone other than the User itself unless such person’s prior permission has been obtained;

    2. (b)

      use an Account that is in the name of another person with the intent to impersonate that person;

    3. (c)

      use a name for the Account on the Platform that the User is not legally authorized to use; and

    4. (d)

      create more than one Account on the Platform.

    3.5

    EventCRM cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this provision.

4. USERNAME AND PASSWORD

  • 4.1

    Once registered, in order to log into the Account on the Platform, the User and/or the Authorized User (as the case may be) will be required to provide the following: (a) the registered cell phone number with password or One Time Password (OTP); (b) the registered email address with password or One Time Password (OTP); or (c) such other login credentials that are adopted by EventCRM from time to time and duly intimated to the User for logging into the Account on the Platform, at the time of signing-up (“Login Credentials”). The Login Credentials shall be unique and shall remain unchanged throughout the term of use of the Platform. Upon being successfully registered on the Platform, the User will be provided access to a dashboard which shall enable the User to facilitate performance of Services offered by EventCRM on the Platform.

  • 4.2

    The access to a dashboard under the Account is provided to the User by EventCRM for viewing details of (a) all Services undertaken by EventCRM for the User; and (b) all other transactions undertaken in relation to the Account through the Platform.

  • 4.3

    The User shall be solely responsible for maintaining confidentiality of the Login Credentials, and to the extent allowed by law, the User hereby accepts responsibility for all activities on the Account authenticated through the Login Credentials, whether authorized or not. The User agrees to keep Login Credentials confidential and secure, and the User shall not give or make Login Credentials available, directly or indirectly, to any unauthorized individual. The User acknowledges and agrees that if the User allows, whether through action or inaction, a person to gain access to the Login Credentials, with or without permission, the User is authorizing that person to use the Platform through the Account, and the User shall be responsible for all actions that result from such access, even if the User did not want the actions performed, and even if they are unauthorized or fraudulent. EventCRM shall not be held liable in any manner whatsoever for lack of any such authorization whilst creating or using the Account.

  • 4.4

    EventCRM cannot and will not be liable for any loss or damage arising from or arising out of the User’s use of the Platform, theft of the Login Credentials, use of the Login Credentials or release of the Login Credentials to a third party or the User’s authorization to allow another person to access and use the Platform using the Account.

  • 4.5

    In case of any misappropriation or unauthorized access of the Account, the User agrees to communicate the same to EventCRM immediately. The User shall further ensure that the User exits/logouts from the Account at the end of each session. EventCRM shall not be liable for any loss or damage arising from the User’s failure to comply with this provision. The User may be held liable for losses incurred by EventCRM or any user or visitor of the Platform and/or the Authorized Users due to authorised or unauthorized use of the Account, as a result of the User’s failure in keeping the Login Credentials confidential.

  • 4.6

    The User agrees that the information (including without limitation, the information provided during registration) provided by the User to EventCRM, at all times, will be true, accurate, up-to-date, and complete. The User further agree that if the User provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if EventCRM has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms and/or applicable law, EventCRM shall have the right to indefinitely suspend or terminate or block access to the Account on the Platform and refuse to provide the User and/or Authorized Users access to the Platform. The User is advised to use due caution when providing any information to EventCRM accordingly.

5. SERVICES

  • 5.1

    Upon being successfully registered on the Platform, the User shall be entitled to use event management and planning services that EventCRM may provide from time to time on the Platform (“Services”).

  • 5.2

    Additionally, EventCRM shall provide bug fixes, corrections, modifications, enhancements, upgrades and new releases to the Services, from time to time, to ensure the functionality of the Services is available to the User and the Authorized Users. Any such modified features or enhancements added to or augmenting or otherwise modifying the Services will also be subject to these Terms. EventCRM is entitled to deploy updates at any time

  • 5.3

    EventCRM shall use commercially reasonable efforts to notify the User in advance of all non-emergency maintenance, for instance, planned downtime for upgrades and maintenance (“Planned Downtime”), to be performed on the Services. EventCRM shall endeavour to schedule such Planned Downtime during weekends and other off-peak hours. The User agrees that EventCRM shall not be held responsible for the User’s inability to use the Services or access the Platform, if such lack of access results from Planned Downtime.

  • 5.4

    The User further acknowledges, understands and agrees that:

    1. (a)

      EventCRM merely provides an infrastructure that enables the User to avail the Services, including without limitation, a technology platform that facilitates provision of services under the Account.

    2. (b)

      The provision of Services to the User on the Platform may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures, or reasons attributable to third-party service providers. EventCRM strives to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and EventCRM isn’t liable for any disruption or loss the User may suffer as a result.

    3. (c)

      EventCRM may discontinue some or all of the Services provided on the Platform, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.

  • 5.5

    The User shall avoid deceptive, misleading or unethical practices that are or might be detrimental to EventCRM or the public, including, but not limited to, disparagement of the Platform and the Services or any other contract or commit any other violation of applicable laws.

  • 5.6

    he User agrees and acknowledges that (a) the Platform is owned by EventCRM; (b) the permission granted by EventCRM to use the Platform is on a non-exclusive basis; (c) EventCRM reserves the right to deny access to the Account on the Platform; and (d) all data derived as a result of the provision of Services will be owned by EventCRM

  • 5.7

    The Services will not be considered unavailable for any outage due to (a) acts or omissions of the User and/or Authorized Users; (b) failures of the User’s equipment, network unavailability or bandwidth limitations; or (c) issues arising from bugs or other problems in the User’s software, firmware or hardware and/or any third-party service providers.

6. USE OF THE PLATFORM

  • 6.1

    The User agrees, undertakes and covenants that, during the use of the Platform, the User shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

    1. 6.1.1

      belongs to another person or entity and to which the User does not have any right.

    2. 6.1.2.

      is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person’s privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever.

    3. 6.1.3

      is misleading in any way.

    4. 6.1.4

      is harmful to minors.

    5. 6.1.5

      involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”.

    6. 6.1.6

      infringes upon or violates any third party’s rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number).

    7. 6.1.7

      provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses.

    8. 6.1.8

      tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, Account information or information of other Users/visitors of the Platform, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other Users/visitors of the Platform.

    9. 6.1.9

      engages in commercial activities without EventCRM’ prior written consent such as engages in contests, sweepstakes, barter, advertising, etc.

    10. 6.1.10

      interferes with another User/visitor’s use of the Platform.

    11. 6.1.11

      impersonates another person.

    12. 6.1.12

      threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states.

    13. 6.1.13

      refers to any website or URL that, in EventCRM’ sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms.

    14. 6.1.14

      deceives or misleads the addressee/users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.

    15. 6.1.15

      is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

    16. 6.1.16

      contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or Personal Information of another User/visitor.

    17. 6.1.17

      is in the nature of an online game that is not verified as a permissible online game.

    18. 6.1.18

      is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.

    19. 6.1.19

      violates any applicable law for the time being in force.

    6.2

    The User agrees and acknowledges that (a) User shall not use the Platform for any illegal or unauthorized purpose; and (b) User’s use of any information or materials on the Platform is entirely at the User’s own risk, for which EventCRM shall not be liable. The User agrees to comply with all laws, rules and regulations applicable to the use of the Platform.

    6.3

    EventCRM shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure the User’s compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.

7. AGREEMENT TO RECEIVE COMMUNICATION

The User hereby by way of accepting these Terms consents to the receipt of communication from EventCRM by way of Short Message Service (SMS) messages, WhatsApp messages, voice messages, e-mails, promotional, and marketing calls, newsletters and any other form of communication that EventCRM deems fit. These emails could relate to the usage of the Services on the Platform and/or any promotions that are undertaken by EventCRM, services by EventCRM and its third-party partners.

8. LINKS TO THIRD PARTY WEBSITES

The Platform may contain links and interactive functionality interacting with the websites of third parties for the purpose of marketing and promotions. EventCRM is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, EventCRM strongly recommends that the User reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

9. PAYMENT FACILITY

  • 9.1

    The User understands that pursuant to the use and access to the Platform and the provision of Services, the User may be required to pay such charges as may be agreed between the User and EventCRM from time to time in the manner agreed between the User and EventCRM.

    9.2

    The Platform permits payment of the charges communicated to the User via. various modes including online payments through debit/credit cards, internet banking, cheques, early days bank transfer, any payment aggregators integrated in the Platform for the purpose of carrying out such payment services and/or any other legit payment option as EventCRM may deem fit.

    9.3

    While availing any of the payment method/s available on the Platform, EventCRM will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

    1. (a)

      Lack of authorization for any transaction(s), or

    2. (b)

      Exceeding the preset limit mutually agreed between the User and bank/s, or

    3. (c)

      Any payment issues arising out of the transaction, or

    4. (d)

      Rejection of transaction for any other reason(s) whatsoever.

  • 9.4All payments made by the User for availing the Services on the Platform shall be compulsorily in the form of currency accepted in their respective jurisdiction. It is expressly clarified that EventCRM will not facilitate transaction with respect to any other form of currency with respect to the transactions made on the Platform.
  • 9.5.The User acknowledges that EventCRM will not be liable for any damages, interests or claims, losses resulting from or suffered on Account for not processing a transaction/transaction amount or any delay in processing a transaction/transaction amount which is beyond the control of EventCRM

10. REFUND POLICY AND CANCELLATION POLICY

Once the payment is made, no refund requests shall be accepted by EventCRM.

11. TERMINATION OF ACCESS TO THE PLATFORM

  • 11.1

    The Account can be terminated at any time by:

    1. (a)

      The User, by ceasing to use the Platform.

    2. (b)

      EventCRM, in its sole discretion for any reason or no reason, including the violation of these Terms by the User or lack of use of Platform or the expiration/termination of the User’s relationship with EventCRM. The User acknowledges that the termination of access to the Platform may be affected without any prior notice, and EventCRM may immediately deactivate or delete the Account and/or accounts of the Authorized Users and all related information and/or bar any further access to the Account and/or the relevant Authorized User accounts or the Services, subject to applicable law.

  • 11.2The information saved under the Account in relation to the Services shall remain accessible for a period of 90 (Ninety) days upon termination, subject to applicable laws. This information may be recovered by the User within such limited period of time, once the Account is terminated. EventCRM reserves the right to delete all such information in the normal course of operation after expiration of 90 (Ninety) days and the User hereby acknowledges and agrees that all such information once deleted by EventCRM, cannot be recovered and that EventCRM shall not be liable for any loss of data in such circumstances.
  • 11.3The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

12. RIGHTS & RESERVATIONS

  • EventCRM reserves the right to:

    1. (a)

      Make all decisions in relation to inter alia the registration of the User with EventCRM;

    2. (b)

      Request additional documents and additional information from the User for the purpose of registration of the User as a customer with the Platform; and

    3. (c)

      Deny access to the Platform or any portion thereof without notice for the following reasons (i) any unauthorized access or use by the User; (ii) attempt(s) to assign or transfer any rights granted to the User under these Terms; or (iii) violation of any of the provisions of these Terms or any applicable laws.

13. REPRESENTATIONS

The User hereby represents and warrants that the User have validly entered into these Terms and have the legal power to do so. The User further represents and warrants that the User shall be solely responsible for the due compliance with these Terms.

14. THE USER POSTS AND REVIEWS

  • 14.1

    The Platform may allow the User to post certain content, data or information belonging to the User, such as reviewing and allowing the User to share the User’s experience and views about a particular service, and rate service, post the User’s comments and reviews in relation to the service on the Platform on specific pages of the Platform, as well as submit/post any suggestions, comments, questions or other information to EventCRM using the Platform (collectively referred to “User Content“).

    14.2

    The User, being the originator of the User Content, is responsible for the User Content that the User may upload, post, publish, transmit or otherwise make available on the Platform. The User represents and covenants that the User has obtained all relevant consents and approvals in order to post any User Content and shall not post any content relating to or owned by a third party for the promotion or sale of products/services of such third party. The User further represents that all such User Content will be in accordance with applicable laws. The User acknowledges that EventCRM does not endorse any User Content on the Platform and is not responsible or liable for any User Content. EventCRM reserves the right to remove any third-party marketing material and disable access to the User Content on the Platform.

    14.3

    The User hereby grants EventCRM a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. The User represents and warrants that the User owns or otherwise controls all of the rights to the User Content that the User posts or that the User otherwise provides on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (a) the User Content is accurate; (b) use of the User Content does not breach these Terms; and (c) that such User Content is lawful.

    14.4

    The User further represents and warrants that while posting any User Content on the Platform, the User shall not use any offensive, libelous, derogatory, hateful or racially or ethnically objectionable language. Further, the User shall not post any content on the Platform that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

15. PUBLICITIY

Until the Account is terminated, EventCRM shall have the right to use the name and/or trademark/logo of the User in any sales or marketing materials, communication or advertisement, whether on the Platform or otherwise and the User accordingly grants EventCRM a royalty-free, fully paid-up, worldwide, and non-exclusive license to use the same for the purposes identified hereinabove.

16. LIMITATION OF LIABILITY

  • 16.1 The User hereby acknowledges that EventCRM shall not be held liable to the User for any claims, liabilities, losses, costs or damages including but not limited to special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues.
    16.2 EventCRM shall also not be liable under any circumstance for damages arising out or related in any way to (a) any errors, mistakes, or inaccuracies of Content (defined below); (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the services on the Platform or the failure of the services to remain operational for any period of time; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party; (e) any loss of the User data arising from any use of or inability to use any content provided on the Platform or other parts of the Platform; (f) the User’s failure to keep Login Credentials or Account details secure and confidential; (g) any loss of the User’s data arising from any use of or inability to use any parts of the Platform; and/or (h) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not EventCRM is advised of the possibility of such damages.
    16.3 In no event, shall EventCRM be liable to the User for a monetary amount greater than the amount received by EventCRM from the User for the immediately preceding 12 (Twelve) months of engagement of the User on the Platform.

17. DISCLAIMERS

  • 17.1 THE CONTENT (AVAILABLE ON THE PLATFORM OR COMMUNICATED BY EVENTCRM THROUGH OTHER MODES) ARE SOLELY FOR GENERAL INFORMATIONAL PURPOSES AND DOES NOT AMOUNT TO ANY LEGAL, REGULATORY, INVESTMENT, ACCOUNTING, TAX OR OTHER SUCH ADVICE. USERS SHALL BE SOLELEY RESPONSIBLE FOR ANY DECISIONS TAKEN BASED ON ANY CONTENT AVAILABLE ON THE PLATFORM. EVENTCRM SHALL NOT BE LIABLE FOR SUCH CONTENT OR ANY DIRECT OR INDIRECT CONSEQUENCES THEREOF.
    17.2 THE USER ACKNOWLEDGES THAT THE (A) CONTENT ON THE PLATFORM HAS BEEN MADE AVAILABLE TO THE USER ON THE BASIS OF INFORMATION PROVIDED BY THE USER TO EVENTCRM; AND (B) EVENTCRM MAY OBTAIN DATA FROM THIRD PARTIES FOR PROVIDING THE SERVICES, THE ACCURACY OF WHICH HAS NOT BEEN INDEPENDENTLY VERIFIED BY EVENTCRM AND EVENTCRM IS NOT LIABLE FOR THE SAME.
    17.3

    THE PLATFORM AND ALL INFORMATION, CONTENT AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORM (COLLECTIVELY, THE “CONTENTS“) ARE PROVIDED BY EVENTCRM ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. EVENTCRM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. EVENTCRM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT THE USER’S SOLE RISK. EVENTCRM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, EVENTCRM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

    17.4 THE USER ACKNOWLEDGES THAT EVENTCRM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND THE USER FURTHER ACKNOWLEDGES THAT EVENTCRM DOES NOT WARRANT THAT THE ACCESS TO THE SERVICES, WHICH IS PROVIDED OVER INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND EVENTCRM’S CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE. EVENTCRM DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY SOFTWARE OR ANY CONTENT THEREIN OR GENERATED THEREWITH OR THAT: (A) THE SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATE; OR (B) THE SOFTWARE (OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SOFTWARE) WILL MEET THE USER’S BUSINESS OR OTHER REQUIREMENTS OR EXPECTATIONS.

18. INDEMNIFICATION

The User shall indemnify and hold harmless EventCRM, its affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

19. FORCE MAJEURE

EventCRM shall not liable or deemed to be in breach for a delay or failure in performance of these Terms or interruption of Services resulting from acts of God, civil or military authority, war, riots, civil disturbances, accidents, fire, earthquake, floods, strikes, lock-outs, epidemic, pandemic, quarantine restrictions, labor disturbances, foreign or governmental order. It is expressly understood and agreed that for the purpose of provision of the Services, “conditions beyond reasonable control” or “force majeure event” shall include any break-down, non-availability/partial availability of data or any technical errors in the Platform or other dysfunctionality of or where the underlying data has not been updated or if there is a slow-down in real time updates or updates are unavailable, erroneously updated or partially available, in any third party’s records, where such data is sourced from any websites hosted by such third party, non-retrievability of such data in the stipulated time frame due to the servers of such website(s) being down and/or slow (due to increase in traffic or for any other reason); or in the event the website is shut down/dysfunctional or discontinues services or for any other reason whatsoever, which may in any way prevent, restrict or interfere with or otherwise adversely affect, the provision of the Services by EventCRM as required herein. It is further agreed and understood by the User that in the event of disagreement as to what would constitute “conditions beyond reasonable control”, the decision of EventCRM shall be final and conclusive in this regard.

20. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

  • 20.1

    Other than the trademarks, logos and service marks displayed on the Platform that are the property of other third parties, EventCRM solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with EventCRM’ services provided on the Platform and Contents (collectively, “Platform Content”) and is protected under Indian law.

    20.2

    Through the User’s use of the Platform, by no means are any rights impliedly or expressly granted to the User in respect of such Platform Content. EventCRM reserves the right to change or modify the services and/or the Platform Content (as the case may be) from time to time at its sole discretion.

    20.3

    The User hereby acknowledges that the Platform Content constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by EventCRM and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of EventCRM and such others. The User thereby agrees to protect the proprietary rights of EventCRM and such others during and after the term of these Terms. The User may not selectively download portions of the Platform without retaining the copyright notices. The User may download material from the Platform only for the User’s own personal use and for no commercial purposes whatsoever.

    20.4

    The User hereby acknowledges that the Platform Content constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by EventCRM and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of EventCRM and such others. The User thereby agrees to protect the proprietary rights of EventCRM and such others during and after the term of these Terms. The User may not selectively download portions of the Platform without retaining the copyright notices. The User may download material from the Platform only for the User’s own personal use and for no commercial purposes whatsoever.

    20.5

    Any infringement shall lead to appropriate legal proceedings against the User at appropriate forum for seeking all available remedies under applicable laws of the country.

21. PRIVACY POLICY

The personal information/data provided by the User to EventCRM during the course of usage of the Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If the User objects to his/her information being transferred or used, the User is advised not to use the Platform.

22. SEVERABILITY AND WAIVER

These Terms, the Privacy Policy, and any other referenced material on the Platform are the entire agreement between the User and EventCRM with respect to the use of the Platform and shall govern the future relationship and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between the User and EventCRM with respect thereto. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

23. ASSIGNMENT

It is expressly agreed by the parties that EventCRM may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the User, except to the extent provided by law.

24. GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The venue and seat of arbitration shall be Mumbai.

25. GRIEVANCE REDRESSAL MECHANISM

For registering any concerns, complaint or grievances, please write to the below mentioned designated officer of EventCRM at the below-mentioned email address in relation to any violation of these Terms or the applicable laws. The designated officer shall redress the concerns, complaint or grievances in accordance with the applicable laws.

Name:

—

Address:

—

Mobile No:

—

Email:

—

26. HOW TO CONTACT US

If the User has questions or concerns about these Terms, the User may contact EventCRM at the following mail address: [—] or by calling on the following number: [—]

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