TERMS AND CONDITIONS
For you to use the services provided by LU Events ("Little Utsav"), the Terms of Use ("Terms") establish a binding contract. For event finding, promotion, and ticketing services on their platform ("Platform"), Little Utsav offers an online ticketing site. We offer details about the cost, availability, and booking of tickets for events in both urban and rural locations. By registering, accessing, perusing, and/or utilizing the Platform as a "User" (a person or any legal entity that uses the Platform to obtain information or buy tickets for any upcoming events in the city) or as a "Organizer" (creators publishing, promoting, and selling tickets of their upcoming events to the Users on the Platform), a) You agree that you have read the privacy policy located at ADDRESS ("Privacy Policy") and that you have the legal capacity and competence to enter into this agreement; b) If you are entering into these terms on behalf of any entity, company, or group, you have the necessary authority to bind such entities, companies, or groups to these terms. You should stop using our platform right now if you disagree with these terms.
Little Utsav, the User, and the Organizer will all be referred to as Parties, both individually and collectively.
USER RIGHT:
Little Utsav gives the User the non-exclusive, non-transferable, non-sublicensable, revocable right to browse the Platform and look for, view, register for, or buy tickets or registrations to an event listed on the Platform, subject to compliance with these Terms.
ORGANISER RIGHT:
Little Utsav gives the Organizer the non-exclusive, non-transferable, non-sublicensable, revocable right to: a) develop, publish, and advertise any forthcoming events; and b) sell tickets, manage, track, and collect sale proceeds for the published events, subject to compliance with these Terms.
USER ACCOUNT:
In order to take advantage of specific advantages and extra features that are accessible to registered users, the user may decide to register on the platform. By giving us their username and password, the user can create an account or log in using any of their social network accounts or third-party sign-on services ("Account").
ORGANISER'S BRAND AND EVENT PAGE:
The organizer can set up a site on the platform called "Brand Page" to post details about their company, a list of events they have previously planned, and a list of events they have planned going forward. Only after a Brand Page has been created will organizers be able to use the "Events Page" to advertise and sell tickets for their forthcoming events. By logging in with their company name and URL, organizers can build a Brand Page. Additionally, for the purpose of verification, Little Utsav may obtain extra data from the Organizer. This data may be used to confirm the identity of the organizer, the legitimacy and/or legality of the transactions, and/or the organizer's eligibility to list their events on the platform. The organizer undertakes to: (a) deliver this information in a timely, accurate, and comprehensive manner; and (b) maintain and rapidly update this material in a timely manner to guarantee that it is accurate and comprehensive at all times.
Acceptable Use: Unless specifically allowed by these Terms, neither the Organizer nor the User may (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare, disassemble, reverse engineer, decompile, or make the Platform available to any third party other in furtherance of your intended purposes; (b) modify, adapt, or hack the Platform or attempt to gain or obtain unauthorized access to the Platform or related systems or networks; (c) store or distribute any content on the platform that violates someone's intellectual property rights or is illegal, racist, hateful, abusive, defamatory, obscene, or discriminatory; (c) intentionally post, transmit, upload, link to, send, or store any malware, viruses, trojan horses, time bombs, or other harmful software on the platform; (e) "crawl," "scrape," or "spider" any page, data, or part of the Platform (either manually or automatically);
Furthermore, the Organizer consents to (a) refrain from using the Platform to publish events that promote or contain any sexually suggestive or explicit content, including pornographic material or sexually explicit movies. (b) refrain from using the Platform to publish any event that encourages political or religious extremism or any other violent event; (c) use the Platform to store or transmit user-provided data to the Organizer in violation of applicable laws and regulations, including but not limited to export control laws and regulations and violations of any individual's right to privacy. (d) to confirm that the event has been approved by all relevant authorities, such as any state, county, municipal, or other local authority; traffic engineering authorizations; fire department inspection reports; authorization to receive minors (if applicable); sanitary authorization (if applicable); and any other potentially applicable authorization; and (e) to give public notice of any cancellation or postponement of the event and promptly notify Little Utsav and the Users.
If Little Utsav notifies the Organizer or the User that a particular activity or purpose is forbidden with regard to the Platform, the Organizer or the User will make sure that they immediately stop using the Platform for that prohibited activity or purpose.
SALE OF TICKETS:
From the Organizer's Event Page, users can purchase tickets for any event. An agreement is made directly between the Organizer and the User.
Only genuine events will be posted on the Brand Page, according to the organizer. It is expressly forbidden for any Organizer on Little Utsav' Brand Page to republish or resale tickets for any event that has already been published by another Organizer ("Republished Event").
In order to attend the event advertised on the Brand Page and Event Page, users must confirm its legitimacy and abide by its terms and conditions. Little Utsav disclaims all liability for the following: (a) the accuracy, legality, safety, or quality of the events listed on the Brand Page and Event Page; (b) changes to the event location; (c) cancellations or postponements of the events; (d) restrictions on the User's access to the event venue; (e) any tickets purchased by the User, either directly from the Organizer or through another booking platform; (f) the sale of tickets for any republished events; and (g) any physical or virtual promotion of events by the Organizer outside the Platform.
Users will receive a confirmation message with a unique QR code from Little Utsav after purchasing tickets. If a physical ticket is needed, the organizer will deliver them to the location before the event. The organizer consents to accept and uphold all ticketing obligations for every ticket that Little Utsav has verified via their platform. At the event location, the organizer will use the Little Utsav ticket verification app to confirm the QR code. Before the event, they may also make sure that all event limitations are met.
Only the organizer may decide to exchange, resell, or transfer tickets.
THIRD-PARTY WEBSITES:
The Platform may include links to other third-party websites, and both the Organizer and the User agree that using these links will be governed by the terms and conditions and privacy policies of those third-party websites. The content of these third-party websites is not Little Utsav' responsibility. Additionally, Little Utsav disclaims all liability for any mistakes, omissions, or misrepresentations on third-party websites. In no way does Little Utsav support third-party websites by simply offering links to them. These links are just offered for the users' and organizers' convenience.
PAYMENT AND REFUNDS:
For events in India: The organizer will choose the basic price of the tickets for the events listed on the Event Page ("Base Price"). For each ticket purchased using the Platform, Little Utsav will directly collect from the users both the Base Price and a transaction fee as detailed in the price schedule posted on the Little Utsav website ("Booking Fee"). The "Event Registration Fee" is the sum of the Base Price and the Booking Fee. The organizer gives Little Utsav permission to use Little Utsav's affiliated payment channels to process the event registration fee. The terms and conditions of the third-party payment gateways will apply to the Parties.
Little Utsav will withhold payments to the organizers for two days following the event after receiving the event registration fee from the users in order to monitor any complaints from the users regarding the event ("Withholding Period"). In the event that Little Utsav receives complaints and determines, at its sole discretion, that the event announced by the Organizer is or is likely to be in violation of these Terms, Little Utsav will reimburse the Base Price to the Users, whether or not the Organizer is notified. Little Utsav will give the Organizer the Base Price if the Withholding Period is over and there are no complaints. The money will be sent to the Organizer's bank account, which will be specified in the Platform's payout settings when the Brand Page is created.
Users must get in touch with the Organizer directly if they have any questions about refunds beyond the Withholding Period, as Little Utsav will not be held responsible or provide a refund. Every event that the organizer publishes may have a refund policy on their event page.
Little Utsav shall continue to be entitled to the Booking Fee and any other handling fees levied in the event of refunds resulting from violations of these Terms, cancellation, postponement, overbooking, strike, force majeure, or any other causes not directly attributable to Little Utsav.
After the Base Price is paid, the Organizer has 30 days to voice any objections to Little Utsav' payments. If not, the Organizer will be considered to have waived any disagreement regarding such payment.
For events outside of India: Little Utsav will not charge users the Event Registration Fee when tickets are sold for events that take place outside of India. Using a third-party payment mechanism like Paypal or Stripe, the users will pay the organizer directly. Following receipt of the payment, the third-party payment gateway will transmit the Base Price to the Organizer and the Booking Fee to Little Utsav in accordance with their regular payment cycle. when a payment transaction has been completed.
For any event for which the Organizer directly receives the Event Registration Fee from the User, Little Utsav shall not be liable for any refund requests. In accordance with the refund policy posted on the Organizer's Event Page, users must get in touch with the Organizer for any questions pertaining to refunds. There are no refunds for the booking fee or any other handling fees that Little Utsav collects.
ADVANCED PLANS:
In addition to the beginner plan, organizers can access some extra features on the platform by subscribing to other advanced plans, such as the professional or business plan, for publishing and advertising their events. According to the price schedule on the Little Utsav website, Little Utsav will charge the Organizer a professional fee (referred to as the "Platform Usage Fee") for offering these advanced plans. The Advance Plan Fee must be paid by organizers in the time frame and format indicated on the Little Utsav website.
MARKETING FEE:
Organizers can use the platform to promote and market any event that is posted on their event page by subscribing to Little Utsav' marketing plan. In order to provide these marketing services, Little Utsav will charge the Organizer a marketing fee that is detailed in the event marketing plan that is posted on the Little Utsav website ("Marketing Fee"). The marketing fee must be paid by organizers in the manner and within the time frame outlined in the event marketing strategy.
INTELLECTUAL PROPERTY RIGHTS:
"Intellectual Property Rights" refers to any and all patent, copyright, trademark, trade secret, know-how sui generis database, and other intellectual and industrial property rights of any kind that exist worldwide (including any application therefor and any rights to apply therefor, as well as all rights to pursue remedies for infringement or violation thereof).
All rights, title, and interest in the Platform, including all intellectual property rights, shall belong to and remain exclusively with Little Utsav, with the exception of the limited rights given to the User or the Organizer under these Terms.
The Organiser's name, logo, and marks on the Brand Page or the Event Page belong to and remain exclusively with the Organiser, and the Organiser shall own all rights, title, and interest in any material or content created by them on the Brand Page or the Event Page, including all Intellectual Property Rights.
In order to identify itself as an Organizer using the Platform for publishing and promoting events, the Organizer may only use the name, logo, or other names or logos used by Little Utsav ("Little Utsav Marks") to refer to the Platform; provided that the Organizer does not now or in the future claim any rights in the Little Utsav Marks, diminish the uniqueness of the Little Utsav Marks, or misrepresent or denigrate Little Utsav and its platform using the Little Utsav Marks.
All of the data, including any personal information they give Little Utsav, will belong to the Organizer and the User. Such data may be processed by Little Utsav in order to provide, support, run, maintain, and enhance the Platform. Additionally, we will have the right to repurpose any and all methods and expertise acquired during the process of giving the Organizer and the User access to the Platform.
Any suggestions, requests for improvements, recommendations, or other input that Little Utsav receives from the Organizer or the User may be incorporated into the Platform or used in any other way.
In order to develop, enhance, support, and run its Platform, Little Utsav may gather and use query logs and any data pertaining to the operation, support, and/or concerning the Organisers' or Users' use of the Platform, Little Utsav websites, or "Usage Data" in spite of anything to the contrary in these Terms.
All rights not specifically granted to you in this document are reserved.
TERMINATION:
By sending an email to Little Utsav at support@littleutsav.com, the user or the organizer may at any time request that their account or brand page be deleted. When the Brand Page is deleted, the Organizer's rights to its contents expire.
If Little Utsav determines that a User or an Organizer has (a) violated these Terms or (b) that permitting access and use of the Platform would violate any applicable local, state, provincial, national, and other laws, rules, and regulations or expose Little Utsav to legal liability, Little Utsav may terminate access to the Platform at any time. The Organizer's or User's access to the Platform may be terminated by Little Utsav in its absolute discretion, with or without notice, and without responsibility for any business reason.
At any time, Little Utsav may decide to discontinue providing the Platform or any specific part of it, as well as alter or replace any component of the Platform. In the case that such a modification or termination of access to the Platform materially prejudices either the Organizer or the User, Little Utsav must make reasonable steps to notify the Organizers or Users.
Effect of Termination: The Organisers' and Users' access to and usage of the Platform will end upon termination, whether by the Organiser, User, or Little Utsav. For thirty (30) days from the date of effective termination, Little Utsav will keep all data supplied by the Organizer or the User in its possession ("Data Retention Period").
Little Utsav retains the right to remove any such data it may have after the Data Retention Period.
CONFIDENTIALITY; SECURITY AND DATA PRIVACY:
A user identification code, username, password, or any other piece of information that the user or the organizer selects or receives as part of Little Utsav security protocols must be treated as confidential. They are not allowed to tell anyone else about it. Any user identification code or password, whether selected by the User or the Organiser or assigned by Little Utsav, may be disabled at any time if Little Utsav determines that the User or Organiser has violated any of the terms of these Terms. Little Utsav disclaims all liability for any actions, including any actual or attempted data loss or access under the user's account, the organizers' brand page, or the event page due to their failure to fulfill their responsibilities under this provision.
In the same way that each party safeguards its own confidential information, each party will take reasonable precautions to prevent unauthorized use, access, or disclosure of the other's confidential information. Each of the Parties may use the other's confidential information only to exercise its rights and fulfill its obligations under the Terms, unless otherwise specifically allowed by the Terms. Each Party may only disclose the other's confidential information to its employees, representatives, and agents who have a need to know it for those purposes and who are obligated to keep it confidential and not misuse it.
Any information disclosed by one party to another that is in tangible form and marked "confidential" (or with a similar legend) or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure is considered confidential information. The information gathered by the Organizer on the Event Page will be considered Confidential Information for the purposes of these Terms. Despite the aforementioned, information that (a) becomes publicly known and widely accessible upon disclosure by the disclosing party to the receiving party without the receiving party's action or inaction is not considered confidential information; (b) is already in the receiving party's possession at the time of disclosure without any obligation of confidentiality; (c) is acquired by the receiving party from a third party without violating that third party's obligations of confidentiality; (d) is mandated by law to be disclosed by the receiving party, provided that the receiving party, to the extent permitted by law, notifies the disclosing party of such requirement prior to disclosure so that the disclosing party may seek a protective order or other appropriate relief.
Only for the purposes of (i) providing, maintaining, operating, supporting, and improving the Platform and in compliance with these Terms, the Privacy Policy, and any other applicable data privacy laws, as well as as part of the direct relationship between Little Utsav and the Organiser or the User, will Little Utsav process such personal data that is a part of the data the Organiser or the User provided Little Utsav. Such data will not be processed by Little Utsav for any reasons other than those specified in these Terms. Little Utsav attests that they are aware of the limitations in this section and will abide by them.
To safeguard such data, Little Utsav will take the necessary organizational and technical precautions. The safeguards in place are intended to offer a degree of protection commensurate with the danger of handling such data. Any unintentional or illegal destruction, loss, alteration, unauthorized disclosure, or access to their data that Little Utsav processes must be promptly reported to the Organizer or User.
In order to (a) comply with the law or respond to legitimate requests or legal processes, or (b) prevent any infringement of group companies' or Little Utsav customers' proprietary rights, the user and organizer acknowledge and agree that Little Utsav and our group companies may access or disclose information about the user and organizer, including any personal data. Additionally, any suspected fraudulent, abusive, or illegal action by the User or Organizer may be reported to law enforcement authorities at Little Utsav' sole discretion.
USER DATA COLLECTED BY THE ORGANISER:
The information that the organizer gathers from the user on the event page when they are purchasing tickets is not Little Utsav' responsibility. In order to protect the security, confidentiality, and integrity of all user data accessed or processed by an Organizer that is gathered from their Event Page, the Organizer must maintain both technical and physical protections.
All information gathered by the Organizer from user interactions on the Platform shall be deleted either (i) upon request from Little Utsav or the individual or entity from which the Organizer obtained the information, or (ii) if the information is no longer needed.
All data and other information that the Organiser has stored in connection with their use of the Platform will be permanently deleted upon termination or expiration of these Terms, unless doing so would violate any applicable laws or obligations imposed by a governmental authority.
INDEMNIFICATION:
As long as (i) Little Utsav promptly notifies the User or the Organizer of the threat or notice of such a claim, (ii) the User or the Organizer has or will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such claim, and (iii) Little Utsav fully cooperates with the User or the Organizer in connection therewith, the User or Organizer will indemnify and hold Little Utsav harmless against any claim brought by a third party against Little Utsav and their employees, officers, directors, and agents arising from the Platform in violation of these Terms. Neither the user nor the organizer will be responsible for any such claim resulting from the severe carelessness or deliberate wrongdoing on Little Utsav' part.
DISCLAIMER OF WARRANTIES:
On a "AS IS" and "AS AVAILABLE" basis, the platform is offered. This disclaims all express and implied warranties and representations, including any implied warranties of merchantability, fitness for a certain purpose, or non-infringement.
Users and organizers acknowledge that Allegations does not guarantee uninterrupted, timely, secure, error-free, or free from viruses or other malicious software access to the platform, which is provided over the Internet and various telecommunications networks, all of which are outside of Allegations' control.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, BUSINESS INTERRUPTION) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. Each party's aggregate liability as well as that of its affiliates, officers, employees, and agents, to the greatest extent permitted by applicable law, RELATING TO THE PLATFORM, WILL BE LIMITED a) IN THE EVENT OF AN ORGANISER TO AN AMOUNT EQUAL TO THE PLATFORM USAGE FEE OR THE MARKETING FEE PAID BY THE ORGANISER IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM c) IF A USER PAYS AN AMOUNT EQUAL TO THE BOOKING FEE DURING TICKET PURCHASES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
Our liability will be restricted to the maximum amount allowed by law in jurisdictions that prohibit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages.
OTHERS:
RELATING TO THE PLATFORM, WILL BE LIMITED a) IN THE EVENT OF AN ORGANISER TO AN AMOUNT EQUAL TO THE PLATFORM USAGE FEE OR THE MARKETING FEE PAID BY THE ORGANISER IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM c) IF A USER PAYS AN AMOUNT EQUAL TO THE BOOKING FEE DURING TICKET PURCHASES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
Our liability will be restricted to the maximum amount allowed by law in jurisdictions that prohibit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages.
Parties' Relationship: Each party is an independent contractor. A partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties is not established by these Terms.
Complete Agreement and Revisions: All previous communications, discussions, negotiations, proposed agreements, and other agreements between the Parties, whether written or oral, regarding the subject matter herein are superseded by these Terms, which include all schedules and online policies incorporated herein by reference. Only a formal agreement signed by the parties' lawfully authorized agents may change these terms.
Force Majeure: Notwithstanding anything to the contrary stated elsewhere, Little Utsav shall not be responsible for the Platform's unavailability due to events outside of Little Utsav' reasonable control, such as acts of God, acts of government, acts of terror or civil unrest, technical malfunctions outside of Little Utsav' reasonable control (including, but not limited to, inability to access the internet, unauthorized loss, distribution, or dissemination of data provided by the User or Organizer), or actions taken by third parties, such as distributed denial of service attacks.
Governing Law and Dispute Resolution: These terms will be governed by Indian law, regardless of any clauses pertaining to conflicts of laws. In accordance with the Arbitration and Conciliation Act, 1996, as modified from time to time, any disagreement pertaining to these Terms shall be subject to final and binding arbitration by a single arbitrator jointly chosen by the Parties. The arbitration will take place in English. The arbitration will take place in Bengaluru, India. The courts in Ahmedabad, India will have exclusive jurisdiction, subject to the aforementioned.
Notices and Consent to Electronic Communications: Any written notice that Little Utsav is required to give to a User or Organizer under these Terms may be delivered (i) by a nationally recognized overnight delivery service ("Courier") or to the User or Organizer's contact mailing address that they have provided on the User Account or the Brand Page, respectively; or (ii) by email to the e-mail address that they have provided. For notices, contact Little Utsav at #1Bengaluru 560006, Karnataka, India; alternatively, send an email to support@littleutsav.com. All notices will be considered to have been sent as soon as they are transmitted via electronic mail; if not, they will be delivered upon receipt or, if earlier, two
(2) business days following delivery via mail or courier, as previously allowed.
Publicity Rights: The Organizer hereby grants Little Utsav a worldwide, transferable, royalty-free license to use the Organizer's trademark or logo to identify the Organizer using the Little Utsav Platform on its websites and/or marketing materials, as well as to incorporate the Organizer's use of the Platform in case studies.
Severability; No Waiver: In the event that a court of competent jurisdiction determines that any provision in these Terms is unenforceable, the court will modify and interpret that provision in a way that best accomplishes the original provision to the greatest extent allowed by applicable law. The remaining provisions of this Agreement will still be in force. The failure of Little Utsav to exercise any of the rights or provisions of this agreement does not amount to a waiver of those rights or provisions.
Survival: Any termination of these Terms with regard to use of the Platform by the Organizer or the User will not affect any of the following clauses: Intellectual Property Rights, Effect of Termination, Confidentiality, Security and Data Privacy, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Miscellaneous. A party's liability for obligations incurred as of or before the termination, as well as for any violation of these terms, will not be diminished by the termination.
