This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 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 or usage of www.festabar.com website.
Terms of Use:
The Festabar Services LLP and the Client hereby agree as follows:
- Festabar Services LLP is operating online and assumes the role of an aggregator by providing a website to the Client whereby a Client can book its desired services with the licensed Service Provider/Vendor (DJ, Bartender, Photographer, Singer, Shisha, Musicians, Dancers, Stand-up Comedians, Florist, Musical Bands, Chefs, Decorators, Mixologist, etc.) by using the website of the Festabar Services LLP, and after paying the requisite fees in advance including the applicable taxes.
- The Client who wants to book services from the Service Provider/Vendor by using the website of the Festabar Services LLP will provide his/her necessary details like name, address, contact details, age, type of services required, booking date, place for rendering the services, etc. as will be required by the Festabar Services LLP to the Festabar Services LLP.
- The Client must be 18 years of age or older to register, use the Services, and/or the Services available through the Website in any manner and agree to and abide by this Agreement.
- All the services booked by the Client with the Service Provider/Vendor by using the website of the Festabar Services LLP will only be confirmed by Festabar Services LLP after the Client makes the full payment including the taxes in advance to the Festabar Services LLP.
- It will be the responsibility of the Client to avail all the necessary permission/ licenses at their own cost as and where required for conducting such events or performances at Bars, Restaurants, Five Star Hotels, or any such other places from the Government or any such appropriate authority as applicable for which the client booked his/her required services through Festabar Services LLP, failing to which if the Service Provider/Vendor becomes unable to perform then neither Festabar Services LLP nor such particular Service Provider/Vendor will be responsible. And in such circumstances the Client will have to make full payment to such Service Provider/Vendor as well as the Festabar Services LLP.
- The booking process will remain incomplete or subject to cancellation if the Client fails to make the payment in time to the Festabar Services LLP.
- The Services provided by Festabar Services LLP or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (expressed or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, in law or from a course of dealing or usage or trade). Festabar Services LLP does not provide or make any representation, warranty or guarantee, expressed or implied about the Website or the Services.
- When a Client is acquiring the services of Festabar Services LLP, then Festabar Services LLP’s liability for a failure to comply with a Client guarantee is limited to in the case of services supplied to the Client as part of the services under this agreement, the supply of the relevant services again, or the payment of the cost of resupplying the
- Festabar Services LLP’s liability to the Client for a breach of any condition, warranty or term of this agreement that is not a breach of a client guarantee is limited in the following way: Festabar Services LLP shall not be liable for indirect, incidental, special, exemplar punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Festabar Services LLP has been advised of the possibility of such damage Festabar Services LLP shall not be liable for any damages, liability or losses arising out of: (i) the Client’s use of or reliance on the services or the Client’s inability to access or use the services; or (ii) any transaction or relationship between the Client and any third party provider, even if Festabar Services LLP has been advised of the possibility of such Festabar Services LLP shall not be liable for delay or failure in performance resulting from causes beyond Festabar Services LLP’s reasonable control. Festabar Services LLP will not be deemed to be in default or be responsible for delay or failures in performance resulting from acts beyond the reasonable control of Festabar Services LLP.
- Force Majeure shall mean any act of God including, but not limited to flood, earthquake, riot, war, storm, tempest, civil commotion, strike, labour unrest or any political or communal unrest. Neither of the Parties shall be regarded to have committed any breach of the terms herein if it is prevented from discharging any of its obligations due to any condition amounting to Force Majeure or circumstances beyond its control.
- In case of complaints from the Client pertaining to efficacy, quality, or non-performance or damages or delays of service by the Vendor/Service Provider to the Client, Festabar Services LLP shall notify the same to the respective Service Provider/Vendor and shall also redirect the Client to the Client service center of the Festabar Services LLP if required. The Service Provider/Vendor shall be liable for redressing Client complaints. In the event the Client raises any complaint against any Service Provider/Vendor accessed using Festabar Services LLP’s Platform, then Festabar Services LLP shall assist the Client, for enabling satisfactory resolution of the complaint. The Festabar Services LLP shall address the dispute/complaints as soon as is practicable from the time of the receipt of the said complaints/Dispute.
- Refund Policy: Festabar Services LLP is not responsible for any deficiency of service. However, in case the vendor/Service Provider fails to deliver the service to the Client, then Festabar Services LLP will refund the entire amount so paid by the Client to the Vendor/Service Provider through Festabar Services LLP to the Client.
- Cancellation Policy: In case of cancellation of the booked services 2 day/(days) or 48 hours prior to the scheduled time by the Client, then 60% of the amount so paid in advance by the Client will be fully forfeited by Festabar Services LLP.
- Privacy Policy: Festabar Services LLP has established a Privacy Policy that explains to its users how their personal information is collected and The Privacy Policy is located at Privacy Policy. The Privacy Policy contains information about how users may seek access to and correction of their personal information held by Festabar Services LLP and how they may make a privacy complaint. The Privacy Policy is hereby incorporated into the Terms of Use set forth herein.
The Client’s use of this Website and/ or the Applications is governed by the Privacy Policy. Festabar Services LLP may disclose users’ personal information to third parties. Festabar Services LLP’s may provide to a claim processor or an insurer any necessary information (including the Client’s contact information) if there is a complaint, dispute or conflict, which may include an accident, involving the Client and a third party and such information or data is necessary to resolve the complaint, dispute or conflict. Festabar Services LLP may also provide to a law enforcement agency statutory body, governmental agency and/or investigative agency any necessary information (including the Client’s contact information) if required by law or furtherance of any investigation involving the Client and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said body and/or agency as the case may be.
- Any dispute arising out of these Terms shall be determined by arbitration in India, before an arbitrator appointed by Festabar Services LLP. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be at Kolkata and all proceedings of such arbitration shall be in English language.
- The Client vide this agreement, undertake and confirm that the use of the Platform of the Festabar Services LLP shall be strictly governed by the rules and regulations as laid down in the Indian Contract Act, 1872, Indian Evidence Act 1872, Information Technology Act, 2000, and Indian Penal Code.
