Terms and Conditions
Terms and Conditions (“Terms”)
Last updated:01/07/2023
Please read these Terms and Conditions (“Terms”,”Terms and Conditions”) carefully before using https://www.storyexp.com/india/ (“website”). These terms will act as an Agreement from place to place and meanings, legal implications should be construed accordingly. Pursuant to You using the website You will be deemed to have agreed to these terms and You shall become bound by them akin to an agreement. The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose. “We” “Us” “Event Manager” “Story” shall mean Story Experiences Pvt. Ltd. or its affiliates.
Further, by subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of services on or using the Web Site or any of its Services in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted this Agreement.
Your access to and use of the services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, User(s) and others who access or use the website or its services.
If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the website in any manner.
These Terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures under the Information Technology Act, 2000.
1. DISCLAIMER
You acknowledge and undertake that You are accessing the goods & services available on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of third-party vendors nor any breach of conditions, representations or warranties by the third-party vendors. We hereby expressly disclaim all and any responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You, agent and the third-party vendors or sellers or manufacturers of the products present at the event.
While We have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.
2. PERMISSIONS
You confirm that the Event Manager is given the right and permission to use any and all images, both photographic prints and digital images and/or videos or other recording media, in their advertising, studio, literature, event, exhibitions, editorial, trade etc, in any manner and medium. You release the Event Manager and its legal representatives and assignees from all claims and liability relating to said photographs, videos or other recording media. It is agreed that the Event Manager may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by the Event Manager. You acknowledge that this is for promotional purposes only and does not expect any compensation of any kind. The said permission shall persist even after the expiration of your contract with the Event Manager.
You agree to extend positive cooperation and communication for the best possible results. The Event Manager is not responsible for the acts and omissions of key individuals or their failure to be present or to cooperate during the Event.
3. CANCELLATION
Whether or not payment has been made, if the User cancels within 4 weeks of the event there is a 100% cancellation fee. Cancellation between 4 weeks and 8 weeks from the event incurs a 50% cancellation fee.
Cancellation more than 8 weeks from the event incurs a 15% cancellation
fee.
4. CHANGE OF DATES, VENUE OR TIMING OF EVENT.
You shall not change the date, time and/or location of the Event (“Event Details”) as listed in the quotation/proposal without first contacting and advising the Event Manager of said change so as to determine the Event Manager’s availability. In case You change the Event Details, subject to the availability of the Event Manager, every effort will be made by Event Manager and staff to transfer location reservations, sub-contractors and support to the new date. In such an event, You agree that any expenses including but not limited to deposits, extra costs incurred, cancellation fee and other fees that are non-refundable and non-transferable, are your sole responsibility and shall be borne by You. Further, there may also be
additional charges for the services of the Event Manager. The Event Manager is not responsible for these compromises in quality in the event of last-minute changes. If You change the Event Details and the Event Manager is unavailable to provide services or You fail to give notice of at least 14 working days, then the Event Manager is released from all contractual obligations, and shall in no way be held responsible or liable in any manner whatsoever for non-performance. You shall also forfeit the deposit paid for non-compliance with these terms and conditions.
5. FORCE MAJEURE
The services provided by the Event Manager are subject to force majeure events/circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God, pandemic/epidemic or any circumstance beyond the reasonable control of Organizer’s (“Force Majeure Event”). The Event Manager shall not be liable for any delay or cancellation as a result of a Force Majeure Event. The Event Manager shall intimate the suspension of the event caused as a result of such Force Majeure Event to the Guests.
6. LIMITATION OF LIABILITY
The Event Manager warrants and declares that every effort will be made to provide high quality services. You fully understand and agree that the Event Manager shall not be responsible or held liable in the event the
Event Manager is prohibited from providing services due to illness, hospitalization, auto accident, strikes, pandemics, riots, natural disasters, transportation breakdown/disruption, traffic difficulties, acts of God such as inclement weather or other unforeseen incapacitation or other cause of non-arrival on the day of the Event. The Event Manager will make every attempt to notify you and to provide for a substitute Event Manager who can provide services if time and resources permit. In any event, the Event Manager, his agents and assigns shall NOT be held liable for any compensation or any damages (including punitive) due to non-performance of any services resulting from such incapacitations, non-arrival, errors and/or omissions of any type.
In no event shall the Event Manager (and/or its related entities), officers, directors, employees, or agents, be liable to you for any damages howsoever resulting from any errors or omissions in any content or for any loss or damage or claims of any kind incurred as a result of you engaging of the Event Manager or the acts or omissions of you and/or your family, friends, guests, contractors, workmen, other vendors, suppliers), whether based on warranty, contract, tort, or any other legal theory, and whether or not the Planner is advised of the possibility of such damages. Further, the Event Manager bears no liability whatsoever for any compensation or damages for any form of injuries, disputes, damages, damages to property, indirect loss, direct loss, consequential loss or deaths as a result of the acts and/or omissions of any individuals or entities and participation and/or attendance of any individuals or entities during, before, and after the Event. The Event Manager shall not be liable for any damages due and payable to the Venue for the losses caused by You or the guests to the Venue property or staff, before, during or after the event. The Foregoing Limitation of Liability Shall apply to the fullest extent permitted by applicable laws.
That the Event Manager carries out various online events and loyalty programs for brands. It is made clear that the Event Manager is not liable for the content broadcasted, viewed, discussed or displayed during such events, in the case the same is found to be illegal or controversial in any manner. The Event Manager shall not bear any liability, whatsoever, for any damage, data leaks, hacking or interruptions caused by any computer viruses, malware attacks or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. Further, the Event Manager shall not bear liability for any lags caused during the event due to internet shutdown or blackouts, that are not in control of the Event Manager.
In no event shall, We or any of our associates/affiliates/organizer etc. be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
1. Unauthorized use or inability to use the Services or Products.
2. Unauthorized access to or alteration of the user’s transmission or data.
3. Breach of condition, representations or warranties by manufacturers or agents.
4. 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 of performance of the Platform or Website. We shall not be held responsible for non-availability due to periodic maintenance operations or any unplanned suspension of access to the Website. You understand and agree that any material and/or data downloaded at the Website is done entirely at Your own discretion and risk and You will be solely responsible for any damage to your mobile or loss of data that results from download of such material and/or data. To the maximum extent that is permissible under law, Our Organizers affiliates/ associates/ agents and/or any otherentity’s liability shall be limited to the price of the award won by such contestant or the price of the highest product offered as price, whichever may be less. We shall not be liable for any dispute or disagreement betweenParticipants(s).
5. INDEMNITY
You shall indemnify and hold the Event Manager harmless against and all actions, proceedings, demands, claims, liabilities or damages, costs or expenses claimed by third-party or howsoever arising as a result of: (a) any omission, breach or non-compliance by you of these terms and conditions; and (b) any act or omission by your guests for the Event and/or any individuals or entities participating in or attending the Event and any form of injuries, disputes, damages, damages to property, indirect loss, direct loss, consequential loss or deaths arising or resulting therefrom during, before, and after the said Event; including without limitation, those arising from or in connection with third party claims for breach of contract, personal injury, damage and/or loss, defamation, failure to obtain the relevant licenses, the infringement of any patent, trademark, copyright or other intellectual
property rights.
6. RULES OF THE VENUE
You undertake that You and your guests shall follow and uphold the guidelines and rules set up by the Venue (as per permissions) such as with respect to serving and consumption of alcoholic beverages, permissions for timings to play loud music, carrying weapons/harmful objects, carrying outside food and beverages (alcoholic and non-alcoholic) etc. That in event of damages or penalty imposed by the Venue as a result of violation of such rules, the Event Manager shall not be liable and You shall bear the costs of the same.
7. MANNER OF USE
The Event Manager conducts various online events and loyalty programs for companies and brands. You must not use the website and online events in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not Story, is responsible for all electronic communications and content sent from your computer to Us and You must use the website for lawful purposes only. You must not use the website or the online event for any of the following things:
for fraudulent purposes, or in connection with a criminal offense or other unlawful activity.
to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam.
to cause annoyance, inconvenience or needless anxiety to theviewers.
Infringes User’s use and enjoyment of the Platform or any other individual’s user and enjoyment of similar services.
Threatens the unity, integrity, defence, security, sovereignty of India, friendly relations with foreign states or public order or causes incitement of commission of any offence etc.
Violates any other law for the time being in force.
Hurt the religious sentiments of any community.
8. PRIVACY
Please review our Privacy Policy, which also governs your visit to our website, to understand our practices. The personal information / data provided to Us by You during the course of usage of https://www.storyexp.com/india/ will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations.
9. INTELLECTUAL PROPERTY RIGHTS
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Story, its affiliates or its content suppliers and is protected by Indian and international copyright, authors' rights, moral rights and database right laws. The compilation of all content on this website is the exclusive property of Story and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Story its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the website without Story’s and/or its affiliates (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Story’s and / or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg. prices and product listings) parts of this website without Story’s and / or its affiliates (as may be applicable) express written consent.
Story also respects the Intellectual Property of others. All the participants on the website must ensure that the services sold do not infringe upon the IP of any other entity/person. Story bears no responsibility for any services being offered for sale which may infringe the IP of any other entity/person etc. If you believe that your Intellectual Property Rights have been used in a way that gives rise to concerns of infringement, please get in touch with us at legal@storyexp.com.
10. GOVERNING LAW & JURISDICTION
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at New Delhi only. In case of dispute an attempt to amicably decide the dispute may be made via conciliation, mediation etc. Thereafter the matter shall be referred for Arbitration conducted by a single Arbitrator to be appointed mutually by both parties. Arbitration shall be governed by rules of the Indian Arbitration Act, 1996 and seat of Arbitration shall be New Delhi.
11. GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are as follows:
Name:
Designation:
Address:
Email:
Contact No.:
Timings:
12. Contact Us
If you have any questions about these Terms, please contact us at
legal@storyexp.in.