Terms & Conditions
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
These Terms of Use (“Agreement”) sets forth legally binding terms and conditions and the nature of services offered by www.subhikshaa.com (hereinafter referred to as “SUBHIKSHAA” or “Website” or “We” or “us”). The website is owned and operated by Subhikshaa Wedding Planner.
The use of this Website (and any other feature, content or application offered from time to time by the Website) is subject at all times to these Terms of Use (and may be modified by us from time to time) and all applicable laws, rules and regulations. We recommend that before accessing and using SUBHIKSHAA, you must read and agree to these Terms of Use.
1. ACCEPTANCE OF TERMS
By accessing or using SUBHIKSHAA in any manner, including, but not limited to, visiting or browsing or registering on SUBHIKSHAA, you agree that you have read, understood and agreed to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, please do not access or use this Website. These Terms of Use may be modified, changed or altered by us at any time without prior notice. By agreeing to these Terms of Use, you hereby accept that you shall be responsible for periodically checking the changes and/or updates to these Terms of Use. It is agreed that your continued access to the Website after such changes are made, shall conclusively demonstrate your due acceptance of them.
2. USE OF THE WEBSITE
Any unauthorized use of and access to the Website is void and prohibited. By accessing and using this Website, you represent and warrant that (a) all registration information submitted by you is truthful and accurate; (b) you agree to maintain the accuracy of the information provided by you; (c) you are above 18 years of age; and (d) the use of the Website by you do not violate any applicable laws or regulations.
3. PLATFORM FOR TRANSACTION
SUBHIKSHAA is a marketplace to assist you to connect to vendors (“Vendor”) in respect of all the services and products offered by them for wedding functions, corporate events or any other kind of event. You agree and acknowledge that:
3.1. SUBHIKSHAA is not and cannot be a party to or control in any manner any transaction between you and the Vendor;
3.2. . The price and other information posted on SUBHIKSHAA is provided on “as is” basis and is published as provided to us by the Vendor. SUBHIKSHAA takes steps to verify the price and other information as provided by Vendors, however it shall not be responsible for any variation in the price and /or information of the products and /or services listed on the Website;
3.3. SUBHIKSHAA does not assume any responsibility for the accuracy of the availability status of products and /or services;
3.4. Any price shared over recommendation email is tentative in nature and the final price may vary on the basis of date and /or menu selected;
3.5. SUBHIKSHAA price challenge will be applicable only on those venues which have been recommended by SUBHIKSHAA and not otherwise;
3.6. The cancellation policy and the payment terms as listed on the Website and /or communicated through any other medium are as provided by the Vendor and SUBHIKSHAA has no control over them;
3.7. Booking of products and /or services cannot be cancelled unless clearly specified by the vendor in their cancellation policy;
3.8.
SUBHIKSHAA does not make any representation or warranty as to specifics (such as quality, value, delivery etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. SUBHIKSHAA does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. SUBHIKSHAA accepts no liability for any errors or omissions, whether on behalf of itself or third parties; and
3.9. In case there is a dispute between you and the Vendor, both the disputing parties will attempt to resolve the said dispute amicably. However, if the parties fail to resolve the said dispute, the parties will then refer the said matter to SUBHIKSHAA for an amicable solution. You agree that SUBHIKSHAA will make a decision at its own discretion and the said decision will be final and binding.
4. PERMITTED USES
SUBHIKSHAA declares that any material from this Website is not allowed to be copied or distributed, or republished, or transmitted in any way, without the prior written consent of SUBHIKSHAA. Any unauthorized use or violation of these Terms of Use shall immediately and automatically terminate your right to access and use this Website and shall further subject you to legal liability. You agree not to use this Website for any illegal purposes (including, without limitation, unlawful, harassing, libelous, or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website. SUBHIKSHAA clarifies that appropriate legal action shall be taken upon any illegal or unauthorized use of the Website. Some examples of unauthorized or illegal use of this Website include, but are not limited to:
4.1. Criminal or tortious activity, including fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
4.2. Any automated use of the system, such as using scripts to alter content etc;
4.3. Interfering with, disrupting, or creating any undue burden on the Website or the networks or services connected to the Website;
4.4. Any attempt of impersonating as another person;
4.5. Any attempt of using the account, username, or password of another user, as applicable, at any time or disclosing your password, as applicable, to any third party or permitting any third party to access your account; and
4.6. . Using the Website in a manner inconsistent with any and all applicable laws and regulations.
5. INDEMNITY
You hereby undertake to defend, indemnify and hold the Company, its subsidiaries, affiliates, and each of its respective officers, agents, partners and employees, harmless from and against any loss, liability, claim, demand, including reasonable attorneys' fees, resulting from the violation of the Terms of Use, provided herein, by you or arising out of your use of the Website in violation of these Terms of Use.
6. WAIVER AND SEVERABILITY
The failure of SUBHIKSHAA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
7. ENTIRE AGREEMENT
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between the parties relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.
8. DISPUTE RESOLUTION
The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of India. All disputes arising out of or in connection with this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be mutually agreed between the parties. The language of the arbitration shall be English and the venue of the arbitration shall be at Tamilnadu, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.
JURISDICTION
Any dispute or controversy arising out of this Agreement shall, be subject to exclusive jurisdiction of the Courts of Tiruchirappalli, Tamilnadu.
These Terms of Use (“Agreement”) sets forth legally binding terms and conditions and the nature of services offered by www.subhikshaa.com (hereinafter referred to as “SUBHIKSHAA” or “Website” or “We” or “us”). The website is owned and operated by Subhikshaa Wedding Planner.
The use of this Website (and any other feature, content or application offered from time to time by the Website) is subject at all times to these Terms of Use (and may be modified by us from time to time) and all applicable laws, rules and regulations. We recommend that before accessing and using SUBHIKSHAA, you must read and agree to these Terms of Use.
1. ACCEPTANCE OF TERMS
By accessing or using SUBHIKSHAA in any manner, including, but not limited to, visiting or browsing or registering on SUBHIKSHAA, you agree that you have read, understood and agreed to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, please do not access or use this Website. These Terms of Use may be modified, changed or altered by us at any time without prior notice. By agreeing to these Terms of Use, you hereby accept that you shall be responsible for periodically checking the changes and/or updates to these Terms of Use. It is agreed that your continued access to the Website after such changes are made, shall conclusively demonstrate your due acceptance of them.
2. USE OF THE WEBSITE
Any unauthorized use of and access to the Website is void and prohibited. By accessing and using this Website, you represent and warrant that (a) all registration information submitted by you is truthful and accurate; (b) you agree to maintain the accuracy of the information provided by you; (c) you are above 18 years of age; and (d) the use of the Website by you do not violate any applicable laws or regulations.
3. PLATFORM FOR TRANSACTION
SUBHIKSHAA is a marketplace to assist you to connect to vendors (“Vendor”) in respect of all the services and products offered by them for wedding functions, corporate events or any other kind of event. You agree and acknowledge that:
3.1. SUBHIKSHAA is not and cannot be a party to or control in any manner any transaction between you and the Vendor;
3.2. . The price and other information posted on SUBHIKSHAA is provided on “as is” basis and is published as provided to us by the Vendor. SUBHIKSHAA takes steps to verify the price and other information as provided by Vendors, however it shall not be responsible for any variation in the price and /or information of the products and /or services listed on the Website;
3.3. SUBHIKSHAA does not assume any responsibility for the accuracy of the availability status of products and /or services;
3.4. Any price shared over recommendation email is tentative in nature and the final price may vary on the basis of date and /or menu selected;
3.5. SUBHIKSHAA price challenge will be applicable only on those venues which have been recommended by SUBHIKSHAA and not otherwise;
3.6. The cancellation policy and the payment terms as listed on the Website and /or communicated through any other medium are as provided by the Vendor and SUBHIKSHAA has no control over them;
3.7. Booking of products and /or services cannot be cancelled unless clearly specified by the vendor in their cancellation policy;
3.8.
SUBHIKSHAA does not make any representation or warranty as to specifics (such as quality, value, delivery etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. SUBHIKSHAA does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. SUBHIKSHAA accepts no liability for any errors or omissions, whether on behalf of itself or third parties; and
3.9. In case there is a dispute between you and the Vendor, both the disputing parties will attempt to resolve the said dispute amicably. However, if the parties fail to resolve the said dispute, the parties will then refer the said matter to SUBHIKSHAA for an amicable solution. You agree that SUBHIKSHAA will make a decision at its own discretion and the said decision will be final and binding.
4. PERMITTED USES
SUBHIKSHAA declares that any material from this Website is not allowed to be copied or distributed, or republished, or transmitted in any way, without the prior written consent of SUBHIKSHAA. Any unauthorized use or violation of these Terms of Use shall immediately and automatically terminate your right to access and use this Website and shall further subject you to legal liability. You agree not to use this Website for any illegal purposes (including, without limitation, unlawful, harassing, libelous, or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website. SUBHIKSHAA clarifies that appropriate legal action shall be taken upon any illegal or unauthorized use of the Website. Some examples of unauthorized or illegal use of this Website include, but are not limited to:
4.1. Criminal or tortious activity, including fraud, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
4.2. Any automated use of the system, such as using scripts to alter content etc;
4.3. Interfering with, disrupting, or creating any undue burden on the Website or the networks or services connected to the Website;
4.4. Any attempt of impersonating as another person;
4.5. Any attempt of using the account, username, or password of another user, as applicable, at any time or disclosing your password, as applicable, to any third party or permitting any third party to access your account; and
4.6. . Using the Website in a manner inconsistent with any and all applicable laws and regulations.
5. INDEMNITY
You hereby undertake to defend, indemnify and hold the Company, its subsidiaries, affiliates, and each of its respective officers, agents, partners and employees, harmless from and against any loss, liability, claim, demand, including reasonable attorneys' fees, resulting from the violation of the Terms of Use, provided herein, by you or arising out of your use of the Website in violation of these Terms of Use.
6. WAIVER AND SEVERABILITY
The failure of SUBHIKSHAA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
7. ENTIRE AGREEMENT
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between the parties relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.
8. DISPUTE RESOLUTION
The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of India. All disputes arising out of or in connection with this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be mutually agreed between the parties. The language of the arbitration shall be English and the venue of the arbitration shall be at Tamilnadu, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.
JURISDICTION
Any dispute or controversy arising out of this Agreement shall, be subject to exclusive jurisdiction of the Courts of Tiruchirappalli, Tamilnadu.