1. Acceptance of Terms
2. Modifications, Suspension & Discontinuance
3. The Website
5. Limited Use
7. Unauthorized Access
8. Intellectual Property
9.Third-Party Links and Services
10. Third Party Accounts
12. Fee and Billing
14. Disclaimer of Warranty and Limitation of Liability
16. Governing Law and Jurisdiction
18. No Waiver
19. Entire Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BEFORE USING GROUPLE. IF YOU DO NOT AGREE OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS DO NOT CLICK AGREE/ACCEPT/TICK OR CHECK MARK BUTTON
www.grouple.in is an internet based resource operated by Ghosh Technology Private Limited, a private limited company incorporated under the Companies Act, 2013 (hereinafter referred to as “Company”, “we”, “us” or “our” as the context may require).
Each User, by accessing or otherwise using the Website, represents and warrants that they are of legal age to enter into a binding contract, is deemed to have carefully read and understood the Agreement, and agrees to be bound by and comply with the Agreement, which may be revised, modified, or replaced in their entirety, from time to time, without prior notice. Each User acknowledges and agrees to review the most current version of the Agreement each time, prior to accessing, or otherwise using, the Website, as each User will be deemed to have acknowledged, accepted and agreed to be bound by any variations thereto if such User continues to access, or otherwise use, the Website after such variations have been posted on the Website.
If you are using the Website on behalf of any other person or entity, you represent and warrant that you are authorized to accept the Agreement on such person’s or entity’s behalf, and that such person or entity agrees to indemnify Grouple for violations of the Agreement. You agree that you shall not be obscene, blasphemous, defamatory of/or towards any person whether deceased or alive during the course of availing the Services.
Please also note that the terms and conditions of the Agreement are in addition to any other agreements between you and the owners or any other persons in control of, or responsible for operating, maintaining, updating or otherwise administering, the Website (such persons and their agents, representatives or assigns, collectively, Grouple” and referred to herein as “we”, “our”, “us” or other similar pronouns), including, but not limited to, any other customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Website.
Grouple reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve, correct or otherwise modify, suspend or discontinue any feature, service, database, information, materials and descriptions on the Website and/or to suspend and/or deny access to all or any parts of the Website for scheduled or unscheduled maintenance, upgrades, improvements, corrections or modifications, or permanently and/or charge, modify or waive any fees required to use the Website.
The information and materials on the Website may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Grouple does not undertake any obligation or responsibility to update or amend any such information. Grouple may discontinue or change any product or service described in or offered on the Website at any time without prior notice. Grouple further reserves the right, in its sole discretion, to impose limits on, or block or otherwise discontinue, your access and use of all or any parts of the Website at any time and for any reason. You agree that Grouple will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The Website is a resource for availing the Service which includes booking events, performances and experiences (“Experience”) only, and Grouple is not responsible for the content of any such performance, experience or event. The Experience description is for informational purposes only and is not promised, represented, warranted or guaranteed in any manner, express or implicit, to be accurate, adequate, appropriate, up-to-date or complete.
Unless otherwise explicitly specified, all Experiences except for Experiences marked as “Grouple Originals” have been provided by, or derived from, third parties, including, but not limited to, the individual performers providing Experience services (“Performers”) and have not been independently verified by Grouple. Grouple expressly disclaims any liability, whether civil, criminal, tortious, financial or otherwise, whatsoever to any User resulting from any use of such Experience including any Experiences marked as “Grouple Originals”. It is clarified that the content of any Experience (including those identified as “Grouple Originals”) is not generated by Grouple and Grouple has no control over the content thereof and is not responsible for any damages suffered (whether tangible, intangible, reputational, monetary, or otherwise either directly or indirectly) arising out of or relating to the content of any Experience including any actions or claims related to obscenity, defamatory, hurting the religious sentiments of any User, third party, or a particular community (deceased or alive).
The User agrees and undertakes not to use, sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the avoidance of doubt, it is clarified that the Website is not intended for commercial use for the Users but is meant for personal use of the Users 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 including any part of the performances/Experiences obtained from the Website and/or the Performer. 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 Website, or forming part of the Experience is not permitted.
All information accessed through, or obtained from, the Website and all information disclosed to any User by any representative of Grouple, other than (i) information that was known to such User prior to such disclosure and (ii) information that is in the public domain at the time of disclosure to such User, is confidential in nature and may not be shared by such User with any other party or used for any purpose other than for evaluation purposes, for seeking introductions through Grouple, or any other explicitly stated purpose for which such information is being disclosed without prior written consent from Grouple (such information, “Confidential Information”); provided that, (i) a User may share Confidential Information obtained from the Site with their legal, tax or other professional advisors to the extent that such advisors have been notified of the confidential nature of such information, and (ii) a User shall be permitted to disclose Confidential Information to governmental, supervisory or regulatory authority if required under applicable law and upon request of such authority; provided that, to the extent permitted, User provides Grouple with a prior written notice of such request and disclosure.
Each User acknowledges and accepts that Grouple will suffer irreparable harm and damage if the confidentiality obligations hereunder are not specifically performed and carried out by such User and that Grouple would not have an adequate remedy under any applicable law in the event of an actual or threatened violation of such confidentiality obligations. Accordingly, the User acknowledges and agrees that Grouple shall be entitled, without protest from such User (claiming adequacy of damages or other such defense), to seek an injunction or any other appropriate decree of specific performance, and such other relief as may be just and proper, for any such actual or threatened violation or breaches of confidentiality obligations by the User, including but not limited to, the right to recover all losses or damages suffered by Grouple resulting from any such breach or threatened breach.
Some of our services, and certain pages of the Website, are available only to Users who have been authorized by us to access such services or pages. Such authorization may require completion of User profile(s) and other such requirements which may be set by Grouple.
Unauthorized use of any part of the Website and/or our systems, including, but not limited to, unauthorized entry into and/or any attempted access of any restricted areas of Website, misuse or sharing of passwords or any other Confidential Information, is strictly prohibited.
Each User agrees to not use the Website or any part thereof in any manner that could damage, disable, overburden, or impair the Website or any part thereof, or any services offered through the Website, or any other person’s access, use or enjoyment of the Website or any services offered through the Website.
Each User agrees to not attempt to gain, or gain unauthorized access to the Website or any part thereof, through hacking, password-mining or any other means, “screen-scrape”, “data-scrape”, “data-mine”, circumvent the navigational structure or presentation of the Website, and/or use any manual or automated means to acquire data and/or information from the Website, or engage in any activities that are contrary to the Agreement and/or any applicable law.
Each User agrees to, immediately upon becoming aware, notify Grouple in the event that they learn or suspect that the security of their login credentials may have been compromised and agrees that they are responsible for any unauthorized use of such login credentials that is made before they have notified Grouple has had a reasonable opportunity to act on such notice.
We reserve the right to suspend or cancel your login credentials, or terminate access to the Website and Service even without receiving such notice, if we suspect that they are being used in an unauthorized or fraudulent manner.
All content included on the Website, including, but not limited to, text, graphics, logos, images, as well as the compilation thereof, content of any Experience, and any software used on the Site (collectively, the “Website Content”), is the property of Grouple, the Users, or other third parties, as the case may be, and is protected by copyright and other applicable law that protects intellectual property and proprietary rights. Each User, agree to observe and abide by all such legal and contractual rights with respect to the Website Content, whether or not such Website Consent is marked with copyright or other proprietary notices or legends.
Each User is granted a non-exclusive, non-transferable, revocable, limited license to access and use the Website and the Website Content, strictly in accordance with the Agreement and in consideration whereof, each such User agrees to not modify, adapt, translate, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, delete or alter author attributes or copyright notices included in, or in any way exploit, or systematically download and/or store, the Website Content in whole or in part, or reverse engineer, decompile or disassemble, or frame or mirror any portion of the Website, without the prior written consent of Grouple.
Grouple reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights or contractual rights owned by others. If you believe that any material contained in the Website infringes your intellectual property, you should immediately notify Grouple of the alleged infringement.
The Website may contain links to other websites (“Third-Party Websites”). Third-Party Websites are not under the control of Grouple and Grouple is not responsible for the contents of any Third-Party Website, including, but not limited to, any link contained in a Third-Part Website, or any changes or updates to a Third-Party Website. Grouple provides links to Third-Party Websites to the Users only as a convenience, and the inclusion of any such link does not imply endorsement, approval, investigation, verification or monitoring by Grouple of such Third-Party Website or any association or affiliation with its owners, controllers, or operators.
Users will be able to connect their Grouple accounts to third-party accounts. By connecting your Grouple account to any such third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with privacy settings applicable to such third-party accounts). If you do not want information about you to be shared in this manner, do not use this feature.
Orders will be processed only after a billing address and billing information has been verified. In the event we receive incorrect billing or payment information for a ticket order, such order may be delayed. In these cases, Grouple may attempt to contact you. In the event Grouple is unable to confirm the order, Grouple reserves the right to cancel such User’s order and sell the tickets to another User.
Please check the censor warning before buying the tickets. Performers reserve the right to restrict the Experiences to specific age brackets or based on other demographic criterion, if any. Occasionally, Experiences may be cancelled/postponed. If such an event occurs, we will attempt to contact you and refund the booking amount as per the policy of the Performer. In case the User does not receive a confirmation number/voucher after completing payment, or if you encounter an error message or service interruption after submitting payment information, it is the User’s responsibility to confirm the order from the booking history page of the Website.
Grouple reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. Grouple has the right to alter any and all such payable fees and charges on the Website from time to time without notice. The User shall be liable for paying all applicable charges fees, duties, taxies, levies and assessments for availing the Services provided by Grouple.
We use third party payment gateways for processing all payments and communications to and from such third party payment gateway service provider’s site are encrypted. However, Grouple is not responsible for any damages suffered by the User from the use of such third party payment gateway.
We accept payment through Visa, MasterCard, American Express, select Debit Cards and Net Banking. Grouple reserves the right to add or remove payment methods at any time.
For the avoidance of doubt, it is clarified that Grouple is a platform which connects the Users with those who are promoting the Experiences for which you purchase tickets, and does not control inventory and pricing. When you purchase a ticket for an Experience, Grouple shall handle the transaction and collect payment for the Performer.
Each User agrees to indemnify and hold Grouple, its affiliates, and employees, harmless from and against any suit, action, claim, demand, penalty or loss (including, but not limited to, legal costs), arising out of such User’s use of the Website, breach of the Agreement, or your violation of applicable law, regulation, order of any judicial, governmental or regulatory authority, or the contractual rights of a third party. Grouple reserves the right but not any obligation, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User, in which event such User agrees to fully cooperate with Grouple in asserting any available defenses.
THE INFORMATION, PRODUCTS AND SERVICES ON THE WEBSITE ARE PROVIDED ON A STRICTLY “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS. GROUPLE DOES NOT PROVIDE ANY WARRANTIES (EITHER EXPRESS OR IMPLIED) WITH RESPECT TO THE INFORMATION AND/OR SERVICES PROVIDED ON THE WEBSITE AND/OR YOUR USE OF WEBSITE GENERALLY, FOR ANY PARTICULAR PURPOSE AND GROUPLE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GROUPLE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE WEBSITE INCLUDING THE EXPERIENCES PROVIDED BY THE PERFORMERS. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, GROUPLE CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER GROUPLE, NOR ANY OF ITS AFFILIATES, OR EMPLOYEES, THE PERFORMERS, NOR ANY OTHER THIRD PARTY PROVIDERS OF CONTENT, SOFTWARE AND/OR TECHNOLOGY, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THE WEBSITE OR ANY PART THEREOF, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THE WEBSITE, THE DATA CONTAINED THEREIN OR THE PRODUCTS OR SERVICES OFFERED THEREFROM, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE OR THE INFORMATION, DOCUMENTS OR OTHER MATERIALS CONTAINED THEREIN, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF GROUPLE OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES.
Further, Grouple is not liable for matters beyond its reasonable control. We do not, inter alia, control telephones, third party communications networks (including, but not limited to, your internet service provider) or the Internet or the acts of third parties including the Performers and you agree that we can therefore not be held liable for any problem experienced by you on account of faults and failures in such systems.
You hereby agree that the aggregate amount of monetary claims of any kind assessed against Grouple or arising out of or relating to your use of the Website shall not, in any event, exceed the total amount you have paid to Grouple for the use of the Website, or any services thereof, during the previous 3 (3) months from the date on which such claim (and in the event of multiple claims, the date on which the latest claim) arose.
IN NO EVENT WILL GROUPLE OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY LOSS OF PROFITS, OR SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, EVEN IF GROUPLE OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES OR OTHER MALICIOUS PROGRAMS WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTIVITY PROBLEMS SUCH AS LACK OF ACCESS TO THE INTERNET SERVICE PROVIDER, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT. GROUPLE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.
Grouple is not responsible for and has no control over the content of the Experiences (including those titled/identified as “Grouple Originals”) provided as part of the Services and shall not be liable for, whether in contract or tort, any direct or indirect damages arising out of or relating thereof including but not limited to any tangible, intangible, reputational, monetary, or other losses or damages suffered by the User or any third parties.
The Agreement is effective until terminated. Grouple, in its sole discretion, may terminate your access to or use of the Website, any may suspend or cancel your login credentials and/or delete, destroy, or otherwise render inaccessible any files, information, documents or other material associated with your Grouple account, at any time and for any reason, including, if Grouple believes that you have violated or acted inconsistently with the Agreement. Upon any such termination, your right to access, or otherwise use, the Website will immediately cease. You agree that Grouple shall not be liable to you or any third party for any such termination of access to the Website or to any such information, documents or other material, and shall not be required to make such information, documents or other material available to you after any such termination.
The Website is controlled by Grouple from India; accordingly, Agreement is governed by Indian law, and not by the laws of any other country, territory or jurisdiction. Grouple does not represent or warrant that the Website, or any functionality or feature thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to download, access or use the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
Users from outside India acknowledge that the Agreement is subject to Indian law and that competent courts of Mumbai, India shall have exclusive jurisdiction in respect of all matters relating to or arising out of the Agreement.
If any provision of the Agreement is held to be invalid or unenforceable, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in the Agreement but without invalidating any of the remaining provisions of the Agreement.
The rights and remedies available under the Agreement may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies available under applicable law. Terms of the Agreement may be waived only in writing. Delay in exercising or non-exercise of any right or remedy does not constitute a waiver of such right or remedy, or any other right or remedy. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
The Agreement sets out the entire agreement and understanding between Grouple and each User with regard to the subject matter hereof, and supersedes all prior agreements, understandings or arrangements (whether oral or written), with respect to such subject matter in any way.
The Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee or agency relationship between you and Grouple.
You may not assign, transfer or sublicense any or all of your rights or obligations under the Agreement without our prior written consent. Any such attempted assignment, transfer or sublicense shall be void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Any heading, caption or section title contained herein is inserted only for convenience, and in no way defines or explains any section or provision hereof.
Notices to you may be made via posting to the Website, by e-mail, SMS, telephonic communication or by regular mail, in our discretion. Without limitation, you agree that a printed version of the Agreement and of any notice given hereunder in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form.