1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between service providers and buyers and the payment facility is merely used by service providers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Eventhike liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Platform.
2. You have specifically authorized Eventhike or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically to and from buyers in respect of transactions through payment facility. Your relationship with Eventhike is on a principal to principal basis and by accepting the ToU, you agree that Eventhike is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. Eventhike does not guarantee the identity of any User nor does it ensure that a buyer or a service provider will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by Eventhike is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Eventhike neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
It is hereby clarified that payment options may not be available for selected categories or places, at Eventhike’s sole discretion.
4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a service provider /buyer and the respective issuing bank.
Dispatch of products and/or services
1. You, as a service provider, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as agreed by you and buyer on the paltform to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products /services provided by You on the Platform. For avoidance of doubt, Eventhike will not be responsible for undertaking any insurance(s) for products/services provided by service providers on the Platform
5. Service provider agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
5. In case a service provider fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the TOU and may lead to suspension and/or termination of service provider account.
6. Service provider agrees that the transaction price paid by a buyer will be remitted to a service provider’s bank account contingent upon the following events:
a) Buyer confirms the delivery or services in the transaction;
b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a service provider to the buyer;
c) Buyer’s refund claim is rejected by Eventhike due to any breach of the ToU, policies, and any applicable law;
Once the transaction is completed by the Service provider, the remittance to service provider shall be made in accordance with RBI Intermediary Guidelines.
Prepaid Payment Instruments
Eventhike may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Platform to users. Any purchases by buyers on the Platform using the prepaid instruments shall be governed by the following terms and conditions:
1. Such prepaid instruments may be used to make payments for the products and/or services purchased on the Platform
2. Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Platform.
3. Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
4. If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.
5. If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.
6. Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.
7. Prepaid instruments cannot be redeemed for cash.
8. Eventhike is not responsible if prepaid instruments are lost, stolen, or used without permission.
9. Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.
10. Purchases of prepaid instruments are not eligible for cashback offers.
11. All service providers on the Platform will accept this prepaid instrument as a payment instrument.
12. Eventhike will make payments to service providers whose products and/or services have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.
Financial Facilities for customers
Eventhike has operationalized tie-ups with multiple partners for providing financial assistance to customers for purchasing products on the platform and thereby enhancing the transaction capability of customers. In pursuance of the same, in the event of the customers opting for the financial assistance program and you duly receiving such amounts from the partners (on behalf of the customers), you hereby agree to assign all receivables from the customer for such transaction. Therefore you hereby agree that without any further action on your part, upon receipt of the amount due from such partners, any and all receivables due from the customers shall stand assigned in favour of the partner. You hereby authorize Eventhike to enter into any documentation on your behalf to complete and perfect the assignment. Upon such assignment, the financing partner shall have all the rights as the service provider may have had in relation to the collection of receivables from the customer and the customer shall be required to repay the financing partner directly. The lending partner further reserves the right to assign and transfer such receivables under these terms and conditions to an NBFC/financial institution as it may deem fit.
Charges
Registration on the Platform is free. Eventhike does not charge any fee for browsing/registering on the Platform. However, before you list a product or service for sale through the Platform, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Eventhike reserves the right to change its fee policy from time to time. In particular, Eventhike may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Platform. In such an event, Eventhike reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Eventhike. You shall be solely responsible for compliance with all applicable laws for making payments to Eventhike. You hereby agree that Eventhike shall have the right to set off any amounts due and payable by You to Eventhike against any payments due from Eventhike to You.
GST /Taxes
You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).
1. A service provider agrees that Eventhike may offer to provide express remittance to eligible service providers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Eventhike, at its sole discretion, may make such an offer to eligible service providers and the same shall not be construed as a right but only as a privilege. Eligible service providers understand that Eventhike reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Eventhike’s policies and/or failure by the eligible service providers to maintain or comply with the parameters as may be decided by Eventhike from time to time.
2. Invoice generation: A service provider expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a service provider. We will assist you with this process by generating an invoice on your behalf. For us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice.
A service provider expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of a service provider.
3. In case of any chargebacks levied by the bank, Eventhike shall have the right to deduct such chargebacks from service provider remittances, present and future, and a service provider’s only remedy will be to discuss and resolve the same with the bank. A service provider hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a service provider, Eventhike shall be entitled and authorized to recover the same from the service provider to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Eventhike has made any excess payment to the service provider inadvertently, such excess payments shall be set-off from any future payments payable by Eventhike to the service provider.
4. Eventhike may delay notifying the payment confirmation, i.e. informing the service provider to dispatch if Eventhike deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Eventhike may hold transaction price and not inform service provider to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
5. Service providers acknowledge that Eventhike will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Eventhike.
6. Eventhike shall make payments into the bank account provided by a service provider during the service provider registration process. Once Eventhike has made payments into such a bank account number, Eventhike shall be discharged of any/all liabilities towards the service provider and the service provider shall not be eligible for any claims whatsoever.
Payment Policy of EVENTHIKE
1.Payment to the service providers will be made by client strictly according to amount negotiated on the platform using its features. Client and service providers can agree upon amount other than displayed budget used for initiation of deal. Deal will be considered done and event will be considered complete only after payments are complete. Client or vendor can initiate negotiation on display amount, client can make the negotiated offer .Service provider should quote rate including GST.
2.Once offer is accepted payment will be given to service provider through eventhike after charging 3%+gst if he/she has registered with the platform before 31.12.2022 ,if he/she got registered after 31.12.2022 i.e. from 1.1.2023 payment will be given to service provider through eventhike after charging 6%+gst as its commission of the deal amount on the payment terms negotiated and accepted by client.Client would also be charged 3%+gst on deal amount. Once payment terms are finalised payment would be released to service provider, further it is not the responsibility of the platform. Terms will be kept for record.By accepting offer from service provider or paying after booking request is accepted by him/her you are giving eventhike consent to route money to service provider’s account.
3.Client can pay partial amount through razorpay link if negotiated amount is more than 10,000 INR and deal includes advance ,though he has to pay full amount eventually.
4.Eventhike is not responsible for keeping money received by client,it will be only routed through eventhike and commission will be deducted for facilitating the deal as well as providing large customer to vendors in addition to that large number of options to clients.
5.Once offer is accepted it will considered a consent by client that he/she has agreed to pay for service on the negotiated amount afterwards it is solely the responsibility of the service provider eventhike doesn’t provide any services on behalf of service provider. Eventhike would route money paid by customers to service providers after deducting platform commission normally with in T+4 days.Whole amount received from the client will be routed to service provider.Only in special circumstances service provider will exercise request payout option.
6.If service provider accept a booking request made by client on eventhike.com it is considered as a consent to provide services on the amount displayed by the vendor on the requested dates it is solely the responsibility of client to choose vendor carefully and vice versa as per requirement eventhike is not responsible for any lapse on the part of the service providers and client on dates ,timing and booking amout.if service provider and client has agreed upon advance booking money its client’s and vendor’s responsibility respectively to give/take rest of the money through payment facility provided by eventhike only.
7.Vendors and client can not display there phone numbers on their profile hint any other mean of communication on their profile like facebook link, Instagram, whats app,email, website link hinting their contact.Eventhike reserve the right to not display such information on platform, only links and information which eventhike finds suitable will be displayed.
8.When you list an event package you will be considered as service provider on eventhike .Once you initiate a contact with customer on eventhike through making an offer or by messaging or accepting booking request you are liable for a platform fee.therefore if you find a customer through eventhike you are liable to take payments only through platform after paying a commission.
9. When you list a request you will be considered as a client on eventhike .Once you initiate a contact with customer on eventhike through making a request or by messaging or making booking request you are liable for a platform fee .you are liable to pay through eventhike.
10.Eventhike reserves the right to make your account inactive if it finds that you are paying through other means and have found customer through eventhike.
Compliance with Laws:
1.Service provider shall sign an undertaking stating that they have obtained and will continue to maintain in force all the necessary licenses, permissions, authorizations, and permits needed to market, supply the [services] (“Products”) on www.eventhike.com under applicable
laws, from time to time, including, the Food Safety and Standards Act, 2006, Food safety and standards (licensing and registration of food business), Regulations, 2011 and all applicable legislations under FoodSafety and Standards Regulations, in each case, as amended from time to time. For all times during which the service provider may advertise, market, supply or sell the events/Products/services on www.eventhike.com, the undertaking remains true and correct in all respects. Further, the service provider shall immediately notify Eventhike Internet Private Limited, in writing, upon the lapse of the FSSAI License and/or in case of receipt of any order, demand, warrant or document or any regulatory action with respect to the FSSAI License. The service provider acknowledges and agrees that Eventhike shall be permitted to assign or otherwise furnish the undertaking to any authority or person as may be required for official purposes.Service provider shall also comply with the Legal Metrology Act, 2009 and the related rules and regulations while listing products on the platform eventhike.com. Service provider shall be required to enter the mandatory attributes while listing events/services/products on the platform.
2. In the event of sale of jewellery, the service provider shall provide a hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the Service provider to comply with hallmarking or other similar provisions applicable for the sale of jewellery and Eventhike shall not be liable whatsoever for any non-compliance in this regard.
3. In the event of sale of jewellery and other services, Service provider shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Eventhike hereby disclaims any responsibility for conducting Buyer KYC.
4. Service provider shall comply with all laws and regulations applicable, including but not limited to anti-money laundering (including ‘know your customer’ and ‘customer due diligence’), and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this ToU that will cause the other party to violate such regulations.
5. Service provider shall ensure that no products are sourced or used in the manufacturing or in the provision of services which originate wholly or in part, from any of the prohibited countries stated in the ‘OFAC Regulations and Other Applicable Sanctions Regulations’.
6. If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of Eventhike (or any Eventhike group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToU (“Eventhike’s Personal Information”), you agree to:
1. comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
2. keep and maintain all Eventhike’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and
3. process Eventhike’s Personal Information solely to fulfil Your obligations under this ToU and not sell, rent, trade, lease, use for its own advertisement or marketing purposes, or otherwise make an unauthorized disclosure of Eventhike’s Personal Information to any third party.
8. You undertake sole and exclusive responsibility to ensure that the products you want to list on Eventhike.com for Sales are permissible for such a Sale and are not prohibited or restricted per one or many conditions imposed by the extant laws of the land, Eventhike’s Prohibited and Restricted Items Policy, or other Eventhike policies/Indian .
9. Products must adhere to the legal metrology laws and Indian Labelling requirements by ensuring that the indicated weights and measurement indicated in the products and/or its components are commensurate with the mandatory and legal requirements of the same which make the product and/or components accurate, authentic and secure for consumption/utilisation by the customer. Eventhike does not assume any responsibility for the proceedings undertaken by an aggrieved customer/consumer against the service provider in the event of a non-adherence. However, in the event of a complaint from a consumer/customer, the service provider is obligated to answer queries on the non-adherence to the Legal Metrology Laws, failing which Eventhike can temporarily/indefinitely suspend/terminate/block/with-hold your account at its own discretion.
Product Description
Eventhike does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Audits
Eventhike shall have the right to inspect and audit service provider’s records and premises / place of business through itself or through Eventhike approved third party testing agencies. Cost of such an audit shall solely be borne by Eventhike unless the audit reflects discrepancy in service provider accounts / non-compliance with Eventhike’s service provider policies, in which case the cost of audit shall be borne by the service provider.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:
1. if you breach the ToU, privacy policy or other policies (if any);
2. if we are unable to verify or authenticate any information you provide;
3. if it is believed that your actions may cause legal liability for you, other users, or us; or
4. if you do not produce the legal requirement documents such as, the documents required for product sales in the Drugs and Cosmetics category, the BIS license documents, the Brand Authorisation letter, or a Trademark registration proof, as may be required by Eventhike Authorities.
We may at any time, at our sole discretion, reinstate suspended service providers. A service provider that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a service provider is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Indemnity
You shall indemnify and hold harmless Eventhike its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
Trademark complaint
Eventhike respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Eventhike at [email protected] or [email protected].
Copyright complaint
Eventhike respects the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Eventhike at [email protected] or raise an incident from your service provider dashboard
Trademark, Copyright and Restriction
The Website is controlled and operated by Eventhike and products are sold by respective registered service providers. All material on the Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Eventhike’s or other service providers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Limitation of Liability
IN NO EVENT SHALL EVENTHIKE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF EVENTHIKE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Law/exclusive Jurisdiction
The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Courts at Mandi,Himachal Pradesh.
Arbitration clause/Jurisdictional Issues/Sale in India Only
Any dispute, controversy, difference arising out of or relating to the ToU “shall be referred to and finally resolved by arbitration according to Arbitration and Conciliation Act, 1996 , and seat and place of arbitration will be Sundernagar(District Mandi)in the state of Himachal Pradesh (India) by the arbritrator appointed with the consent of both parties.”
Arbitration and exclusive jurisdiction clause:
The Supreme Court has also provided clarity on exclusive jurisdiction clause in case of Arbitration Agreement. The Supreme Court in Indus Mobile Distribution Case[3], stated that in cases where the parties include an exclusive jurisdiction clause in an arbitration agreement designating a particular place as the seat of the arbitration, the Court in whose jurisdiction the seat of the arbitration falls would have sole jurisdiction to entertain petitions in respective of non-arbitral issues arising out of the agreement, to the exclusion of any other Courts.
Unless otherwise specified, the services on the Website is presented solely for the purpose of sale in India. Eventhike makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Eventhike is not responsible for providing of services/refund for the services ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.