This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.eventhike.com website.
The domain name www.eventhike.com, including the related mobile site (hereinafter referred to as “Platform”).
For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a service provider on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a service provider, a consumer, and any visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean Eventhike.
Your use of the Platform and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with Eventhike, and these terms and conditions including the policies constitute your binding obligations to Eventhike.
When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform. Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by all of Eventhike’s policies applicable to you, as amended, from time to time.
Service Provider Eligibility
The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a service provider on the Platform, transact or use the Platform. Eventhike reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to Eventhike’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
Your Account and Registration Obligations
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
Certain information being retained by Eventhike at all times, such as registered mobile number, registered email ID, GSTIN and other transaction related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the service providers in the future.
Cookies
A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We place both permanent and temporary cookies in your computer’s hard drive. The cookies do not contain any of your personally identifiable information.
Communications
When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
Platform for Transaction and Communication
The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. EVENTHIKE is not and cannot be a party to any transaction or dispute between users on the Platform.
Consequently:
1. All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Eventhike does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
2. Eventhike does not make any representations or warranties regarding specifics (such as quality, value, and salebility) of the products or services proposed to be sold or provided, offered to be sold/provided or purchased on the Platform. Eventhike does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. Eventhike accepts no liability for any errors or omissions of third parties in relation to the products and services.
3. Eventhike is not responsible for any non-performance or breach of any contract between you and buyers. Eventhike cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Platform. Eventhike shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
4. Eventhike does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.
5. Eventhike does not at any point in time during a transaction between you and a buyer on the Platform come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
6. At no time shall Eventhike hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Eventhike is not responsible for unsatisfactory or delayed performance of services, damages, or delays.
7. The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Eventhike only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
8. You release and indemnify Eventhike and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Eventhike cannot control the information provided by other users which is made available on the Platform. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
Use of the Platform
You agree and understand that Eventhike and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Eventhike shall bear no responsibility or liability in relation to or arising out of third party user generated content. Eventhike neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Eventhike is merely an intermediary and does not interfere in the transaction between buyers and service providers.
You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is false, inaccurate or misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys
(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(h) infringes upon or violates any third party’s rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material) such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;
(m) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Platform without our prior written consent.
Throughout the ToU, Eventhike’s prior written consent means a communication coming from Eventhike’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization;
(p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another’s use and enjoyment of the Platform;
(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) 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, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation; offends the religious and national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.
(z) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
(aa) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
2. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, information made available, or offered by or through the Platform in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Platform.
5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Eventhike, eventhike.com or otherwise engage in any conduct or action that might tarnish the image or reputation of Eventhike or service providers on the platform or otherwise tarnish or dilute any Eventhike trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Eventhike’s systems, networks, or any systems or networks connected to Eventhike.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
7. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
8. You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Eventhike and/or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, Food Safety and Standards Authority of India (FSSAI), relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Platform, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Platform qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
11. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of Eventhike.
12. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Platform in any manner.
13. You shall not engage in advertising or solicitation of other service providers on the Platform to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. Eventhike shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SERVICE PROVIDERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect Eventhike’s views. In no event shall Eventhike assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortious, or otherwise unlawful information.
14. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.
15. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Platform and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Platform and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
16. Eventhike shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
17. Eventhike and/or its affiliates may from time to time in partnership/association with its partners and/or third-party sponsors, organise/enable promotional campaigns on the Platform for the benefits of the customers/Service providers. Partners/third party sponsors may prescribe certain objective qualifying criteria to identify Service providers who will be eligible for the benefits of the campaign. All Service providers who qualify based on the objective criteria provided by such sponsors of the campaign will be auto opted-in and be able to obtain the benefits of such promotional campaign. In the event any Service provider does not qualify based on the objective criteria, Service providers may choose to participate in such campaigns by expressly opting-in for them. In the event a Service provider opts in for such promotional campaigns that they are not eligible for to enhance their sales, they will have to bear the cost of such promotional campaigns, if any, limited to the sales of their products. For avoidance of any doubt, some Service providers may qualify, and some may not, based on the qualifying criteria set for each individual campaign. Please refer to the campaign communication/notifications for more details, as may be communicated to you from time to time.
Providing services
As a registered service provider, you shall list your service packages or real events for bookings on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to provide services the you list on our Platform and must have all the necessary licences and permits required for such sale and holding an event. You must ensure that the listed events/services/items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, pictures or videos that describe your events/services/items . All events/services/items must be listed in an appropriate category on the Platform. All listed services/items must be kept in stock for successful fulfilment of sales. The listing description of the services/items must not be misleading and must describe the actual condition of the services you provide. If the event get cancelled or your description does not match the actual condition of the services you provide, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Eventhike reserves the right to delete such multiple listings of the same event/services/items listed by you in various categories. Eventhike reserves the right to restrict the sales originating from certain countries.
Compliance on selling of goods/services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Eventhike shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Eventhike to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.
We do not mandate that any of your services/events should be sold/held exclusively on the Platform.
As per Section 194-O of the Finance Act, 2020, Eventhike will deduct TDS on the gross amount of sale (excluding GST) of goods or provision of services provided through the Platform at 0.75% from October 1, 2020 to March 31, 2021 and at 1% thereafter if credit exceeds 5 lakhs in previous financial year and service provider has provided Pan and aadhar to Eventhike.
Content Posted on the Platform
All text, graphics, service provider interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Eventhike has no responsibility or liability over such third-party generated Content as Eventhike is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Platform including the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Eventhike’s prior written consent.
You may use the information on the products and services made available on the Platform for downloading provided you:
(1) do not remove any proprietary notice language in all copies of such Content;
(2) use such Content only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
(3) make no modifications to any Content; and
(4) do not make any additional representations or warranties relating to the Content.
You shall be responsible for the Content posted or transmitted on the Platform by You. The Content will become our property and you grant us the worldwide, perpetual, royalty free and transferable rights in such content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.
Limited License
Eventhike grants service providers a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use “Powered by Eventhike” and/or “Eventhike.com” name and/or logo on service provider’s invoice for transactions concluded on the Platform.
Types of Service providers
This is done basis following criteria
• sales achieved by service providers (revenues and units)
• fulfilment experience provided to customers (breaches and cancellations)
• Faster payments
Eventhike reserves the right to revise the categories, criteria, and benefits to promote healthy competition amongst the service providers so that their performance lead to better customer experience on the Platform.
Payment Policy of EVENTHIKE
1.Payment to the service providers will be made by client strictly according to amount negotiated using the personal chat feature. 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 payment terms are complete. Client or vendor can initiate offer on negotiated amount, then either of them can accept final 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 before 31.12.2022 and 6%+gst if he/she has registered after 31.12.2022 as its commission of the deal amount on the payment terms negotiated and accepted by client. Deal amount will be charged including GST from service provider side. 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.
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 to provide service on the negotiated amount.
7.Refund policy
I)Refunds would be done by eventhike only if payout request has not been received by eventhike from service provider and fund is not released to him/her. Once payment is released by Eventhike, refund has to be claimed from the service provider,eventhike has no role in it.it is between client and Service provider.
2)If funds are with eventhike and event is cancelled refunds would be done as per details below:
i) The gap between the date when payment is made and the date of event is more than three months and event cancellation is intimated to eventhike on or before 7 days full amount will be refunded.No money would be released to vendor.
ii)if it is intimated to eventhike after 7 days till 15 days 50% will be refunded.After that there will be no refund.
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.
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.
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.
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.
We value the trust you place in us. That’s why we insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about our information gathering and dissemination practices.
Note: Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.
By visiting this Website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Website.
By mere use of the Website, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy. This Privacy Policy is incorporated into and subject to the Terms of Use.
Collection of Personally Identifiable Information and other Information
When you use our Website, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our Website to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose.
In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Website. We may automatically track certain information about you based upon your behaviour on our Website. We use this information to do internal research on our users’ demographics, interests, and behaviour to better understand, protect and serve our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.
We use data collection devices such as “cookies” on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a “cookie”. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website and you may be required to re-enter your password more frequently during a session.
Additionally, you may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties.
If you choose to buy on the Website, we collect information about your buying behaviour.
If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.
If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you.
We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.
Use of Demographic / Profile Data / Your Information
We use personal information to provide the services you request. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect money; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users’ activity on our Website.
We identify and use your IP address to help diagnose problems with our server, and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
We will occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, or income level). We use this data to tailor your experience at our Website, providing you with content that we think you might be interested in and to display content according to your preferences.
Cookies
A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We place both permanent and temporary cookies in your computer’s hard drive. The cookies do not contain any of your personally identifiable information.
Sharing of personal information
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, for service recovery purposes, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.
Links to Other Sites
Our Website links to other websites that may collect personally identifiable information about you. Eventhike.com is not responsible for the privacy practices or the content of those linked websites.
Security Precautions
Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
Choice/Opt-Out
We provide all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account.
Advertisements on Eventhike.com
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
Your Consent
By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website in accordance with this Privacy Policy, including but not limited to Your consent for sharing your information as per this privacy policy.
If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.
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 using the personal chat feature. 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 payment terms are complete. Client or vendor can initiate offer on negotiated amount, then either of them can accept final 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 as its commission of the deal amount on the payment terms negotiated and accepted by client. Deal amount will be charged including GST from service provider side. 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.
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 to provide service on the negotiated amount.Service provider can request payouts from eventhike as per one of the payment terms accepted by client(vendor should clear it at time of deal).
1.Whenever payment request is received to Eventhike from service provider
2.Only after event has begun, beginning date will be considered as in requirement posted in platform by client
3. Only after completion of event
6.Only 2 payout requests are allowed by vendor for an event.
7.Refund policy
I)Refunds would be done by eventhike only if payout request has not been received by eventhike from service provider and fund is not released to him/her. Once payment is released by Eventhike, refund has to be claimed from the service provider,eventhike has no role in it.it is between client and Service provider.
2)If funds are with eventhike and event is cancelled refunds would be done as per details below:
i) The gap between the date when order is marked complete and the date of event
is more than a month and event cancellation is intimated on or before 15 days full amount will be refunded.
ii)if it is intimated after 15 days 50% will be refunded.
iii)The gap between the date when order is marked complete and the date of event
is less than a month and event cancellation is intimated only 50% will be refunded.
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.