Basic Definitions

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Bazabuzz Services. You are only authorized to use the Bazabuzz Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully before using this website. By using the Bazabuzz Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Bazabuzz site) or you are a "Member" (which means that you have registered with Bazabuzz). The term "User" refers to a Visitor or a Member. Kindly print these terms of use or save a copy of these terms of service for your records. If you do not agree with any of these terms, you cannot avail of any of the Bazabuzz Services and you should leave the Bazabuzz site immediately. If you wish to become a Member, communicate with other Members and make use of the Bazabuzz Services, you must read this Agreement and indicate your acceptance during the Registration process.

The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of Bazabuzz, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Bazabuzz or chosen by the user or agreed upon by Bazabuzz. Therefore only the authorized user has the right to access the services offered by Bazabuzz. Bazabuzz will not be responsible for any costs, consequences or damages caused to any persons or entities due to any unauthorized use of the services offered by Bazabuzz, including access of the said services by an unauthorized user using the user name and password of an authorized user, regardless of whether such unauthorized user is known to the authorized user.

The terms 'service' or 'services' would mean to include the interactive online solutions & information services offered by Bazabuzz on the internet/mobile through which the user may access information carried by Bazabuzz in the database maintained by it.

You agree not to copy, sell, resell, duplicate any part of Bazabuzz's services & solutions for commercial purposes.

These Terms of Service sets out the legally binding terms of your use of Bazabuzz and your membership in Bazabuzz and may be modified by Bazabuzz at any time and without prior notice, such modifications to be effective upon posting by Bazabuzz on the website. In the event of any inconsistency between our Privacy Policy and these Terms of Service, the Terms of Service shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.


Eligibility

Bazabuzz services are available to all individuals who are at least 18 years of age. By registering to use Bazabuzz services, you represent and warrant that you are at least 18 years of age. Bazabuzz has the right, in its sole discretion, to suspend or terminate your use of Bazabuzz services and refuse any and all current or future use of all or any portion of Bazabuzz's services.


Service

Bazabuzz provides self-managed/managed event organizing solutions to event organizers. Event organizers setup their event, fill up the details about their event such as event pricing, location, ticket inventory, attendee registration information collection and other such features. As used herein, "Customers" means Bazabuzz event organizers ("Event Organizer "), registered event attendees ("Attendee ") and participants in our various affiliate programs.


Event Organizer Terms

Bazabuzz offers organizers a web-based solution to organize sports and endurance events and workshops, to sell tickets or provide online solutions via the website for events of the organizer to customers by using Bazabuzz to take on the payment process.

In detail Bazabuzz provides the following services to the organizer (each an "Bazabuzz-Service"):
A web-based software on the Bazabuzz-websites to organize events and to sell tickets of the organizer for these events to ticket buyers. The organizer has the possibility to create an own microsite webpage for their event ("eventsite") and to offer a ticket sale. The ticket buyer can choose and buy the tickets on the eventsite directly.

Only the user and the organizer of an event are entering into an agreement regarding the event and the disposal of tickets for that event. Bazabuzz only acts as a sales agent for the organizer of an event by order and for account of this organizer. It is the organizer's duty to advise and instruct the ticket buyers of their eventually existing right of objection according to the legal guidelines.

The organizer authorizes Bazabuzz hereby for the duration of this agreement to act as an agent by order and for account of the organizer, to sell tickets to the public for events, offered by the organizer on the Bazabuzz-Websites, to undertake the payment process with the ticket buyers and/or their banks and to ship the tickets to the ticket buyers. This authorization also contains the right of Bazabuzz to send payment reminders to the ticket buyers.


Shipment & Delivery

The organizer can choose, whether the tickets shall be deposited on the venue or shall be sent electronically or if the ticket buyer shall have the choice between these different shipment methods. As far as tickets shall be deposited on the venue the organizer has the right to choose, whether the tickets shall be paid on the venue and/or in advance via Bazabuzz.


Payment and Fees

Bazabuzz products & services are available on the basis of transaction model, as per the requirements of customers.


Transaction model

In this model, pricing is applied on each ticket sale/attendee registration. The organizer has to determine the base price for his tickets. This base price belongs to the organizer as far as nothing different is stated in these terms. The organizer can choose whether the additional fees payable to Bazabuzz (fees for accounting, shipment etc.) are charged on top of this base price or not.

Bazabuzz charges a fee for every ticket sold via the Bazabuzz-Websites (convenience) as stated in the price list published on the Bazabuzz-Websites.

In addition to that Bazabuzz charges a fee for accounting tickets according to clause 4 as well as for using the Bazabuzz-Websites by the organizer (ticketing-fee) as stated in the price list published on the Bazabuzz-Websites. The rate of the fee depends by the payment method chosen by the organizer. The ticketing-fee is charged even if the tickets shall be deposited and paid on the venue.

In the event that tickets for an event have been sold via the Bazabuzz-Websites, and the event is cancelled for any reason not directly attributable to Bazabuzz, then Bazabuzz shall continue to be entitled to the convenience fees and ticketing fees.


Change of an event

If an event for which tickets are sold or already have been sold via Bazabuzz shall be cancelled or changed (regarding date, time, venue or other important points) the organizer has to inform Bazabuzz immediately in writing once these circumstances have come to his attention.


Accounting

The organizer has options of various payment method(s) (credit card, direct debiting, prepayment, invoice) to be offered to possible ticket buyers. In accordance to this choice Bazabuzz undertakes accounting for the organizer and holds the money on a separate bank account. The organizer authorizes Bazabuzz to do so. Bazabuzz transfers the money received according to service pricing minus the fees payable to Bazabuzz within 5 to 7 days to the organizer. The money has to be transferred to a bank account located in the country where the event took place and issued on the name of the organizer. For recurring events, Bazabuzz reserves the right to pay out money before the event. Bazabuzz reserves the right to change the number of days to transfer money to the event organizer at any time without notice. The organizer is aware of the risk that specific payment methods (direct debiting or credit card) can be reversed by the ticket buyers. The organizer bears this risk alone. If transactions are reversed after the payment to the organizer, these costs plus a fee for the reversed transaction as stated in the price list published on the Bazabuzz-Websites are charged to the organizer.

The organizer is obliged to raise objections, if any, against the accounts of Bazabuzz within four weeks after issue of the account. If not the account is considered as being approved.


Prevention against fraud / misusage

The Bazabuzz-Websites offer an extensive security system, in particular to protect organizers against reimbursement of credit card payments. Because of this security system it is possible that in exceptional cases some credit card providers may not be accepted. If the organizer arouses suspicion of misusage of the Bazabuzz-Websites, Bazabuzz has the right to deactivate the ticket shop of the organizer and to stop the ticket selling. In particular a suspicion of misusage of the Bazabuzz-Websites is on hand, if it comes to attention before the event that the event shall not (or not in the way as stated in the ticket shop) take place; or illegal or immoral events shall take place; or If the organizer arouses suspicion of misusage of the Bazabuzz-Websites, Bazabuzz has the right to delay the payout to the organizer even after 5 to 7 days for further 60 days. Within these 60 days Bazabuzz will check if an improper use of the Bazabuzz-Websites and / or Bazabuzz-Services occurred.


Warranty of the organizer

The organizer warrants to Bazabuzz, that (i) there is no agreement between the organizer and a venue, or the owner or user of a venue, or a third party, which affects the organizer's use of the Bazabuzz-Services in accordance with these terms, (ii) the organizer is allowed to enter into this agreement with Bazabuzz, including the right to authorize Bazabuzz in accordance to these terms to act as an agent and to sell tickets for events of the organizer.


Duties of the organizer

The organizer has the duty to inform Bazabuzz immediately about unavailability or malfunctions of the Bazabuzz-Websites. The organizer has the obligation to inform Bazabuzz immediately about every change of his name, company name, address, legal form or bank details in written form or via E-Mail. The organizer shall not use the Bazabuzz-Services for illegal or immoral events such as political or religious extremism, pornographic, or violent events.

The organizer shall not use the Bazabuzz-Services to upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; The organizer shall not use the Bazabuzz-Services to harm minors in any way; The organizer shall not impersonate any person or entity, including, but not limited to, an Bazabuzz representative, forum leader, or falsely state or otherwise misrepresent its affiliation with a person or entity; The organizer shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;


Duration

Furthermore Bazabuzz has the exclusive right to cancel this agreement regarding the provision of Bazabuzz-Services in case of an important reason. In particular such an important reasons shall exist, if the organizer has contravened against important provisions of these terms; or the organizer has filed for bankruptcy, insolvency proceedings have been started or the start of the insolvency proceedings has been dismissed in default of assets; or circumstances occur that the organizer can not fulfill his contractual obligations against Bazabuzz or third parties in default of assets, and in addition, the organizer gives no proof of sufficient assets within 30 days after request by Bazabuzz to do so.


Cancellation

If you desire to cancel your services, please email sales@isoftwarefactory.com 30 days before expiry of the service. There is no cancellation fee. Once your account is cancelled, your Content may not be recovered. There will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.


Ticket Buyer Terms

The price payable for the tickets is as set out on our web site.

Tickets will normally be available for collection at a designated location prior to the event, in which case you must collect the tickets from the address at the time advised, and provide proof of ID. Under some circumstances events may decide to distribute tickets via post or other methods, in which case only the card billing address supplied will be used for dispatch.

Tickets may not be dispatched immediately where we are acting as an agent on behalf of a promoter and that promoter gives alternative instructions about the dispatch of tickets. However, you will be given notification of dispatch once you have ordered your tickets.

Once you have received your tickets, you should check them and you must inform us of any errors within two working days, or before the event, whichever is sooner. The event organizer, the venue where the event is organized reserve the right to refuse admission to you; request latecomers to await admission to the event until a convenient break in the event; refuse re-admission to those leaving during the event; and request that you leave the event; make alterations to the advertised details of the event (including Principals) and make alterations to the script or the content of any particular event at any time up to and including and during the event. If, at any time during the event it is cancelled, postponed, suspended or delayed for any reason, Bazabuzz will not make any refunds nor will they be liable for any loss caused by such cancellation, postponement, suspension or delay.

It is your responsibility to ascertain whether an event has been cancelled and the date and time of any rearranged event. If an event is cancelled or rescheduled, we will use reasonable endeavors to notify ticket holders of the cancellation once we have received the relevant authorization from the Event Organizer. We do not guarantee that ticket holders will be informed of such cancellation before the date of the event.

Tickets are issued subject to the Rules and Regulations of the venue or Event Organizers. Full details are available from the Event Organizers. Breach of any of these Rules and Regulations or any unacceptable behavior likely to cause damage, nuisance or injury shall entitle the venue or Event Organizer to eject you from the venue. The Event Organizers may on occasions have to conduct security searches to ensure the safety of the patrons. We will not be responsible for any tickets that are lost or stolen. The venue, Event Organizer and Bazabuzz accept no responsibility for loss of any personal property.

Tickets may be restricted to a maximum number per person, per credit card and, for some events, a restriction may apply per household. We reserve the right to cancel tickets without prior notice purchased in excess of this number.


General Terms

Advertising Material Bazabuzz would not be held liable for any inappropriateness of the advertisement contents due to the dynamic nature of web, invisible/hidden contents, error, omission or inaccuracy in printed or digital form. Bazabuzz reserves the right to remove and/or reposition the advertising material.


Safe Harbor

Any statements contained within the Site concerning Bazabuzz's future prospects are forward-looking statements which involve a number of risks, uncertainties and other factors that could cause actual results to differ materially from those that may be projected by these forward looking statements. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the site.


Intellectual Property Rights

You agree that Bazabuzz owns all rights to the code, databases, visual-design and layout of the Service.

Bazabuzz claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. You may not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service.

You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of Bazabuzz.

You may not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the prior written permission of Bazabuzz.


Information Disclosure

To the extent required or permitted by law, Bazabuzz may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.


Disclaimer of Warranties

You understand and agree that the Bazabuzz services are provided on an "AS IS" and "AS AVAILABLE" basis and that the Bazabuzz does not assume any responsibility for prompt or proper delivery of services.

Bazabuzz does not warrant that its websites will operate error-free or free of computer viruses or mal-functioning or harmful mechanisms. All the contents of website are only for general information or use. Such information does not constitute advice and should not be relied upon in making or derived decisions. Any specific advice or replies to queries in any part of the website are the personal opinion of users and are not subscribed to by Bazabuzz. This website assumes no responsibility for the accuracy or existence of any communications between users.

Bazabuzz expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Bazabuzz makes no warranty that the services will meet your requirements; service will be uninterrupted, timely, secure or error-free. Certain links on website lead to resources located on servers maintained by third parties over whom Bazabuzz has no control or connection, business or otherwise as these sites are external to this website you agree and understand that by visiting such sites you are beyond this website.

Bazabuzz therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

Any material downloaded or otherwise obtained through the use of this website is done at your discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.


Limitation of Liability

You agree that Bazabuzz shall, in no event, be liable for any consequential, incidental, indirect, special, punitive or other loss or damage whatsoever or for the loss of business profits, business interruptions, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use this website, even if Bazabuzz has been advised of the possibility of such damage. The Venue, event organizers, events services 'marketplace' information provided on Bazabuzz are added by members.

Bazabuzz doesn't verify, claim or guarantee authenticity of such information. Bazabuzz is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Bazabuzz have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. Bazabuzz makes no representations or warranties as to the completeness or accuracy of Information contained on the website. The service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that Bazabuzz shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Bazabuzz. You further acknowledge that Bazabuzz's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall the Bazabuzz be liable for any special or consequential damages, loss or injury.


Indemnity

You agree to indemnify and hold Bazabuzz, its parent , its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the website (including through the Share Service), your use of this website, your conduct in connection with this website or with other users of the website , or any violation of this Agreement or of any law or the rights of any third party.


Termination

You agree that Bazabuzz may terminate your Member Account and access to the site for reasons including, but not be limited to, breaches or violations of the Terms or the Bazabuzz Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Bazabuzz Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.


Applicable Laws

All matters relating to your access to and use of the Bazabuzz site shall be governed by the laws of the Republic of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of Bazabuzz. Use of Bazabuzz is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.


Notice & Take Down Policy

AS AN INTERMEDIARY, ISOFTWAREFACTORY IS NOT LIABLE FOR ANY THIRD-PARTY CONTENT UPLOADED, TRANSMITTED, DISPLAYED, PUBLISHED OR SHARED ON ITS PLATFORM. BY USING BAZABUZZ.COM, YOU AGREE TO THE CONDITIONS SET OUT IN THIS NOTICE AND TAKE DOWN POLICY

  1. COPYRIGHT INFRINGEMENT NOTIFICATION

    If the owner of a copyright-protected work or an agent authorized to act on the copyright owner's behalf (the "Owner") believes the work posted on Bazabuzz.com ("the Site") is infringing the Owner's copyright under the relevant law, the Owner may submit a copyright infringement notification.

  2. COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE

    ISoftwareFactory recommends Owners of copyright-protected content to report alleged copyright infringement by submitting a written complaint (the "Complaint") either through a web-form (recommended) or through email on sales@isoftwarefactory.com The Complaint should include the following:-

    1. Contact Information: The Owner will need to provide information that will allow ISoftwareFactory and the uploader(s) of the video(s) that the Owner's objects to, to contact the Owner regarding the Complaint, such as an email address, physical address or telephone number
    2. Description of Work: The Owner's must provide in the complaint, a complete and accurate description of the copyrighted content that the Owner is seeking to protect. This MUST also include the specific URL of the video that the Owner believes to be infringing. This is necessary in order to aid ISoftwareFactory to locate the allegedly infringing video. General information about the video, such as a channel URL or username alone is not adequate. The URL should be in the following format: https://www.bazabuzz.com/_____________/
    3. Necessary Format: The Complaint should include the following statements - "I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law." AND "The information in this notification is accurate, and I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
    4. Signature: The Complaint must include the physical or electronic signature/digital signature of the Owner. To satisfy this requirement, the Owner may type their full legal name (a first and last name, not a company name) as the signature at the bottom of the complaint

  3. TAKE-DOWN OF COPYRIGHT INFRINGING WORK

    In case of a Complaint by the Owner that is submitted in accordance with the procedure in Clause 2, and found to be valid, ISoftwareFactory may refrain from facilitating access to the allegedly infringing work for a period of 21 (twenty one) days or until an order from a competent court is received, whichever is earlier. In case ISoftwareFactory receives no such order before the expiry of twenty-one days, ISoftwareFactory may reinstate access to the said work.

  4. NOTIFICATION OF OBJECTIONABLE CONTENT AND TAKE DOWN BY ISOFTWAREFACTORY

    Users may submit a complaint against objectionable content by submitting a written complaint (the "Complaint") either through a web-form (recommended) or through email on sales@isoftwarefactory.com The Complaint should include the following:

    1. Contact Information: The Complainant will need to provide information that will allow ISoftwareFactory to contact the Complainant regarding the Complaint, such as an email address, physical address or telephone number.
    2. Description of Work: The Complainant must provide in the complaint, a description of the objectionable content that the Complainant is seeking to protest. This MUST also include the specific URL of the video that the Complainant believes to be objectionable. This is necessary in order to aid ISoftwareFactory to locate the allegedly objectionable video. General information about the video, such as a channel URL or username alone shall not be adequate. The URL should be in the following format: https://www.bazabuzz.com/_____________/
    3. Necessary Format: The Complaint should include the following statements - "I have a good faith belief that the use of the material in the manner complained of violates any law, or the conditions in Clause 4 of ISoftwareFactory's Notice and Take Down Policy" AND "The information in this notification is accurate to my knowledge"
    If ISoftwareFactory determines, in its sole discretion and judgment, that the User Content violates any of the aforementioned conditions, it shall be entitled to immediately take down or otherwise block access to User Content

  5. ISOFTWAREFACTORY IMMUNITY FROM LIABILITY

    ISoftwareFactory is an intermediary and shall not be liable for any act of copyright infringement or any other objectionable User Content, as provided under the Copyright Act, 1957, Information Technology Act, 2000 and Rules thereunder.