Terms and Conditions
Effective Date: 14th March, 2019
Welcome to www.connectfest.in.
SQUATS Fitness Private Limited and its subsidiaries and affiliates (“SQUATS,” “us,” “we,” “our”) provide website access, features, content and services to you subject to the following Terms and Conditions (the “Terms”). The Terms govern your use of and access to the Site, as well as any of our affiliated websites (together with the Site, the “Sites”) and any services, features and content offered by us on or through the Website (the “Services”). You may use the Website and Services only on the condition that you abide by these Terms. Therefore, it is crucial that you read and comprehend these Terms.
BY USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. Any continued use of the Website and/or the Services implies that you have read and consent to the Terms (and all other policies set forth on the Website) without limitation or qualification. If you do not agree to the Terms, such policies, or any modifications thereto, please do not use the Website. Additionally, as a condition of your use of the Website, you represent and warrant to us that YOU WILL NOT USE THE WEBSITE, ANY CONTENT ON THE WEBSITE OR ANY SERVICES PROVIDED ON OR THROUGH THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL, IMMORAL OR PROHIBITED BY THESE TERMS.
By using the Website and/or the Services, you are representing you are 18 years of age or older and are legally capable to enter into contracts. If you are under 18, you may use the Website and/or the Services only with the involvement of a parent or guardian. We will not be liable for any damages that may result from misrepresentation of age by a user of our Website and/or Services.
MODIFICATION OF THE TERMS
We reserve the right to change, update, delete or add to the Terms at any time without notification to you. Any changes to the Terms will be effective immediately upon posting, and any continued use by you of the Website and/or the Services after changes have been posted constitute your acceptance to those changes. It is your responsibility to review the Terms and applicable policies periodically for changes.
All text, designs, graphics, logos, page headers, button icons, scripts, service names, technical documentation, product information, visual interfaces, images, photographs, trademarks, sounds, music, videos, streaming content, software and artwork (collectively, “Content“), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement thereof, contained on the Website and/or the Services is owned or controlled by us, or licensed to us, and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. All other trademarks not owned by us that appear on the Website and/or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
YOU MAY NOT copy, use, republish, download, post, publicly display, transmit, reproduce or distribute in any way the Content (or any portion thereof) in any manner without our prior express written permission, unless expressly permitted in the Terms. Nothing on the Website should be construed as granting, by implication, or otherwise, any license or right to use any Content displayed on the Website or on, or through, the Services, without the prior express written permission of the Content owner. We enforce our intellectual property rights to the fullest extent permitted by law. Any unauthorized attempt to copy or modify the Content, or to circumvent or defeat any of the security features designed to protect the Content, is strictly prohibited.
The Site provides news and other information for all things related to Connect Festival!
On the Site you will be able to:
- Find the latest news and information about the Connect Festival (the “Event”);
- Purchase tickets to the Event;
- Purchase accommodation to the Event; and
- Participate in contests, sweepstakes, surveys, forums and other interactive features.
NEWS AND INFORMATION
While we try to provide you with the most up-to-date and accurate information, we do not guarantee, and explicitly disclaim any responsibility for the accuracy, availability or currentness of information and other Content available on the Website and/or the Services, or any websites that link to or from the Website and/or the Services.
Sales on our site may comprise Ticket-only sales and Festival Packages with linked accommodation arrangements.
Ticket-only sales: We sell festival tickets as principal. If you buy a festival ticket on our website as a single element without any additional services, your contract is with SQUATS.
Festival packages: If you buy a festival ticket and you also select a hotel accommodation which you make payment for as part of one transaction, this comprises a Festival Package. We sell Festival Packages as agent and your contract for your Festival Package is with accommodation supplier. We act solely as your agent in making hotel arrangements on your behalf.
Early Bird tickets are offered at a corresponding discounted rate. There are limited 500 Early Bird tickets that will be available for sale at a discounted price of ₹3000*.
- A Single Ticket purchase in a single transaction will be eligible for flat 50% discount on the regular ticket price.
- More than a single ticket purchase in a single transaction will be eligible for flat 60% discount on the regular ticket price.
All tickets, including Early Bird tickets, are sold on a first come, first serve basis.
- Tickets will be available at a price of ₹6000/- per ticket*.
- A Single Ticket with 3 Star Hotel Accommodation will be available via the Site at an additional price of ₹8000/-*. A maximum of two festival ticket holders will be allowed in a single room.
- A Single Ticket with 4 Star Hotel Accommodation will be available via the Site at an additional price of ₹15000/- per ticket*. A maximum of two festival ticket holders will be allowed in a single room.
There is a limit on how many tickets may be purchased.
- Early Bird Tickets are limited to 10 tickets per transaction.
- Regular Tickets are limited to 10 tickets per transaction.
- A 3 star accommodation ticket cannot be combined with 4 star accommodation ticket in a single transaction.
(*Prices subject to availability and do not include GST. All Sales Are Final and Non-Transferable. Standing Room Only in the festival area. Seating will be available only in Education Section. Lineup Subject to Change. Rain or Shine Event.)
SWEEPSTAKES, CONTESTS, SURVEYS
TICKETING TERMS AND CONDITIONS
IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, OR IF YOU DO NOT AGREE WITH, OR AGREE TO ASSUME THE ALLOCATION OF RISK TO YOU AS SET FORTH HEREUNDER, DO NOT PURCHASE A TICKET AND/OR ENTER THE EVENT.
Any purchase, possession, or presentation of this ticket (“Ticket(s)”) by you (“You,” “Your” “Bearer” or “Holder” of this Ticket) constitutes your irrevocable acceptance of, and agreement to be bound by, these terms and conditions respecting the event (“Event”). You agree that SQUATS Fitness Private Limited, (“Issuer,” “We,” “Our” or “Us”) may modify, add, remove, supplement, amend, update or revise any of these terms and conditions, without advanced notification to You (collectively, “Revise” or “Revision(s)”) by posting such Revisions on Issuer’s website located at www.connectfest.in (the “Site”) and which Revisions shall, at Issuer’s option, relate back to the date of purchase. Your Ticket shall be deemed a revocable license issued for the sole purpose of accessing the venue where the Event is scheduled to occur (the “Venue”) and for attending the Event (the “License”). Issuer may revoke the License at any time without additional notification or compensation to You, including denying You access to the Venue. Issuer assumes no legal, financial, or other liability whatsoever for any lost, stolen or destroyed Tickets. Upon delivery of Your Tickets, You assume 100% risk of loss relating to the Tickets. If You obtain Your Ticket(s) from any unauthorized source(s), You assume all risks associated with such Ticket(s), including that such Ticket(s) may have been reported lost or stolen or that such Ticket(s) may be counterfeit and in all cases, such Ticket(s) shall be voidable and dishonored by Issuer. The unlawful or prohibited resale or attempted resale of tickets is grounds for seizure of all or some of Your tickets and cancellation of this License without compensation to You. This Ticket may not be used for advertising, promotion (including contests and sweepstakes), or other trade purposes without the express written consent of Issuer. Issuer also reserves the right to investigate orders suspected to be in violation of these Ticketing Terms and Conditions and shall be the sole and final arbiter regarding violations or potential violations hereunder. Issuer may, in its sole discretion, cancel or relocate seating on an order for accessible seating that it believes to be fraudulent. Your Ticket is not redeemable for cash. Upon Event cancellation by Issuer, Issuer may in its sole and absolute discretion elect to either issue a full or partial refund, not issue any refunds, or reschedule the Event. Once Venue gates open, the Event, on that particular date, shall be deemed to have been delivered in its entirety and not subject to any refunds. Delayed Venue gate openings and Your inability to access any parts of the Venue or Event due to Central, state, municipal or other regulations, Issuer’s policy(ies), weight load restrictions, emergency and/or partial or complete Event or stage shutdown or evacuation, performance or Event delays and inclement weather shall not entitle You to refunds or future credits. Upon the cancellation of the entire Event, including, but not limited to events not within Issuer’s control, governmental acts, acts of God, riots, production delays, strikes, natural disasters or inclement weather (regardless of severity), Issuer may, at its sole and absolute discretion elect to either, (a) issue You a full or partial refund or (b) postpone the Event for a future date and/or offer a comparable “make good.” Under no circumstances shall You be entitled to any type of refund or exchange due or contributed to by weather or governmental acts. If Issuer elects to issue a refund, the Ticket purchaser of record shall be refunded an amount up to the face value of the Ticket(s) only. If Issuer elects to reschedule the Event for a future date, You shall not be entitled to a refund. Under no circumstances shall You be entitled to a refund of any shipping, handling or other processing fees. At all times prior to the Event, Issuer reserves all rights to cancel or postpone the Event or to change the Venue, artist lineup, times and dates of the Event, or other Event details without prior notice. Issuer shall not be responsible for any exchange rate losses to You during the order or refund process. ALL TICKET SALES ARE FINAL. THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES. This Event is “Rain or Shine” and is “Standing Room Only.” As a condition to attend the Event. Valid government issued photo identification of You (“ID”) WILL be required at entry in order to gain entry to the Venue. Bearer or Holder of any Ticket represents and warrants that the information provided on the ID presented by them is valid, true, and correct. Issuer reserves the right, without the obligation to refund any portion of the Ticket purchase price, to refuse entry to the venue to any person who doesn’t hold a valid government ID.
If you do not agree with these terms, do not purchase a ticket. By proceeding to purchase a ticket pursuant to the foregoing terms and conditions, you are expressly agreeing to waive any and all potential rights, claims or entitlements you may have. You hereby assume any and all risks, whether or not expressly set forth herein, as well as any risks or dangers incidental, or in any way relating to the Event, including those arising from or relating to the acts or omissions of third parties (including Artists, Event attendees, Venue owners, operators, staff, employees or agents; or Event organizer, its affiliates, subsidiaries, officers, directors, employees, members, partners, agents or designees) including risk of loss or damage to Your personal property and risks of personal injury. Issuer and its respective Indemnitees (as later below), designees, successors or assigns shall not be held responsible, financially or otherwise, for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or at Venue access/entry points, for personal injuries sustained by You relating to or arising from extremely loud sounds and special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections, strobe lights and fireworks, whether such injuries or manifestation of those injuries occur during or subsequent to the Event. You hereby agree to defend, covenant not to sue, indemnify, save and hold harmless and forever release, Issuer, SQUATS Fitness Private Limited, Institute of Nutrition and Fitness Private Limited, Grand Gigis Beach Bar and Grill, Event organizers, sponsors, participants, speakers and artists (collectively “Indemnitees”) from any and all injuries (whether personal injuries, property damage or otherwise), demands, suits, costs and/or claims relating in any way to the Event. Issuer or its designee(s), successor(s), or assign(s) shall have the right to use, copy, sell, distribute, record, publish, republish print, display, publicly perform, transmit, create derivative works or incorporate, translate or otherwise publicly use, for purposes of trade or for any commercial or advertising purpose or any sale, resale or other distribution of visual, audio or audiovisual productions, including broadcast, re-broadcast, photographs, aerial footage, live stream or other reproduction, articles of merchandise or any other medium, whether now existing or hereinafter developed, Your name, image, portrait, photograph, voice and/or other likeness, without compensation or notification to or additional consent by You. You further acknowledge and agree that Issuer or its designee(s), successor(s) or assign(s) shall be the sole and exclusive owner of any such work in connection with the Venue or Event that contains Your image, voice and/or likeness. Issuer and the Venue maintain a zero tolerance policy regarding illegal or illicit drug use at the Event. You affirmatively, knowingly, intelligently and voluntarily consent to be searched by Issuer for the presence of illegal or illicit drugs, alcohol, tobacco, weapons and/or other prohibited items prior to or during Your presence at the Event or Venue. Issuer and the Venue maintain a zero tolerance policy regarding lewd and lascivious behavior or conduct, including disorderly or violent behavior or vulgar or violent language. You hereby acknowledge and agree that the discovery of any prohibited items or such lewd and lascivious behavior shall constitute a violation of Issuer’s policies and shall correspondingly give Issuer the right to confiscate any such prohibited item(s) and/or correspondingly give Issuer the right to immediately revoke Your License to access the Venue and to deny You any future entry to the Event or Venue without any legal or financial liability to Issuer. Issuer shall, at all times, have the right to assign or delegate any or all of its rights, title and interests or duties hereunder without notification to, or consent by, You. You agree that these terms and conditions, as supplemented by the terms and conditions on the Site, including the Ticketing terms and conditions and prohibited items list, as amended from time to time by Issuer with or without notification to You, and those additional policies published at the Venue represent the entire agreement between You and the Issuer with respect to its subject matter hereof. You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any relationship or dispute between You and Issuer or You and any company or person employed by or which is affiliated with Issuer, (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION, and may only be resolved through an individual arbitration governed by the Indian Arbitration and Conciliation Act, 1996 to the maximum extent permitted by applicable law. Each party shall appoint its Arbitrator and the two Arbitrators shall then appoint a third Arbitrator to be the Umpire. The arbitration order shall be a reasoned order, shall be in writing and shall be conclusive, final and binding on the parties hereto. Each party shall bear its own costs in connection with such arbitration proceedings. All such Arbitration and legal proceedings shall be conducted in English. BY USING THIS SITE, YOU AGREE TO GIVE UP YOUR RESPECTIVE RIGHT TO GO TO COURT in connection with any Dispute. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action).
In light of Your agreement to all the terms and conditions contained herein, You further agree, in conformity therewith that, in no event shall You commence a chargeback dispute with Your credit or debit card issuer relative to the Tickets or services purchased hereunder or regarding any amounts forfeited hereunder or similar charge reversal. You further agree that Issuer shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder.
TICKETING WEBSITE URL
You may purchase tickets to Connect Festival at www.connectfest.in/ once they go on sale, subject to availability. The Terms and Conditions and any other policies listed on our website, will govern your purchase of any tickets. You agree to pay all charges incurred by you or any users of your account, including, but not limited to, any and all applicable taxes, and you agree to only use payment methods that belong to you or others that have expressly authorized you to use such payment method. SQUATS is not responsible or liable for any issues or other claims that you may have related to purchasing tickets.
WE MAY DISCONTINUE OR SUSPEND OUR WEBSITE, SERVICES OR YOUR ACCESS
SQUATS reserves the right to add, change, modify, suspend or discontinue (temporarily or permanently) any portion of the Website and/or the Services, in its sole discretion, at any time with or without notice. In addition, we may impose limits on any portion of the Website and/or the Services or restrict your access to portions of or the entire Site and/or Services in our sole discretion without notice or liability.
We have the right to restrict, deactivate, suspend or terminate your access to the Website and/or the Services, including the deletion of all your information at any time and for any reason without giving you prior notice. We will not be liable to you for any of these actions.
You understand that if you violate any of the Terms, we reserve the right, without limiting any other remedy available in law or equity, to revoke your right to use the Website and/or the Services and to use any technological, legal, operational or other means available to enforce the provisions of these Terms, including blocking IP addresses.
You are responsible for any Internet connection and/or telecommunication fees and charges that you incur when accessing the Website and/or the Services, or any portion thereof.
When you visit the Website, use the Services or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to us by e-mail, through the Website or any of our affiliated websites are non-confidential.
Any comments and feedback can be sent to “email@example.com” .
All comments, feedback, suggestions, ideas and other submissions that you disclose, submit or offer to us in connection with your use of the Website and/or the Services, such as your suggestions regarding improvements that we make to the Website and/or the Services (collectively, “Comments”), will become our exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, title and interest in all patent, copyright, trademark and all other intellectual property, and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory relating to submissions. Thus, we will own exclusively all such rights, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. You should not submit any Comments to us if you do not wish to assign such rights to us. We are and will be under no obligation to: (i) maintain any Comments in confidence; (ii) pay to you, or any third party, any compensation for any Comments; or (iii) respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make. By sending us Comments or any other content, you warrant and represent that you own the rights to such or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute such Comments and content and grant us the right to do the same. You hereby irrevocably waive any claims based on moral rights and similar theories, if any. We reserve the right to use any Comments.
LIMITED LICENSE TO USE THE WEBSITE AND THE SERVICES
Subject to these Terms, you are granted a limited, non-sub licensable right to use and access the Website and the Services and all content contained therein for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: (i) publish, publicly perform or display, or distribute to any third party any content, including reproduction on any computer network or broadcast or publications media; (ii) market, sell or make commercial use of the Website and Services or any content; (iii) systematically collect and use any data or content including through the use of any data spiders, robots, or similar data gathering, mining or extraction methods; (iv) make derivative uses of the Website and the Services or the content; or (v) use, frame or utilize framing techniques to enclose any portion of the Website and the Services (including the images found on the Website or any text or the layout/design of any page or form contained on a page). All modifications and enhancements to the Website and Services remain the sole property of SQUATS.
Any unauthorized use of the Website and/or the Services terminates the permission or license granted by us and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
You are granted a limited, revocable and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray SQUATS, the Website, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter or does not otherwise create an implication of endorsement by us. You may not use SQUATS’s name, likeness, logo(s) or other proprietary graphic(s) or trademark(s) as part of the link without express written permission. If you place a link to the Site(s) on a third party website, you must adhere to SQUATS linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with SQUATS and/or its licensors’ names and trademarks; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with SQUATS; (iii) when selected by a user, the link must display the Site(s) on full-screen and not within a frame on the linking site; and (iv) SQUATS reserves the right to revoke its consent to the link at any time and in its sole discretion.
THIRD PARTY CONTENT AND SERVICES
The Site also advertises, offers, or makes available information, content products and/or services provided by third parties (“Third Party Services”). When purchasing or using a product or service that is offered by or operated by a third party, you shall be subject to any terms and conditions, policies or other agreements of the third party offering or operating such Third Party Services, as well as the Terms. Third Party Services are provided solely for your convenience and SQUATS makes no representations or warranties regarding any Third Party Services and takes no responsibility and assumes no liability for any Third Party Services. By making Third Party Services available on or through the Website, we are not implying endorsement or responsibility for such Third Party Services.
Our Website may contain links to other websites that are not maintained or controlled by us (each a “Linked Site”). You acknowledge and agree that we are not responsible for the availability of any external services, products or materials offered on Linked Website. Such Linked Website are not monitored or checked for accuracy or availability. We are not responsible for the content posted on any Linked Site accessed through the Website or any third party applications or software made available through a Linked Site. Including a Linked website on the Website does not imply endorsement thereof by SQUATS. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any materials on or available from such services and websites. You are responsible for viewing and abiding by the terms and conditions and privacy policies of any Linked Website posted on their websites.
The Website and Services are operated from India. We do not represent or warrant that the Website and/or the Services (or any part thereof) are appropriate or available for use in any particular country other than India. In choosing to access the Website and/or the Services you do so at your own risk, and are responsible for complying with all local laws, rules and regulations.
THE GENERAL DATA PROTECTION REGULATIONIF YOU ARE A USER ACCESSING THE WEBSITE AND/OR THE SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF INDIA, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE WEBSITE AND/OR SERVICES, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO INDIA AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING INDIA) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY. IF YOU ARE A CITIZEN OF EU REGION, ALL OUR WEB SERVERS AND HOSTING ARE MANAGED BY OUR TEAM USING AMAZON WEB SERVICES IN EU REGION. THIS INCLUDES WEBSITE HOSTING, BACKUPS, WEB DATABASE, FILE STORAGE, APIS, AND LOG FILES IN COMPLIANCE WITH (GDPR) APPLICABLE TO SQUATS.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SQUATS MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE WEBSITE OR THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. SQUATS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE, AND/OR THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE WEBSITE AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; AND THAT THE WEBSITE AND/OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME ALL COSTS ARISING AS A RESULT OF THE USE OF THE WEBSITE AND/OR THE SERVICES.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall SQUATS or any of its subsidiaries, sponsors or affiliates, together with its respective directors, officers, shareholders, employees and agents, be liable for any direct, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including, without limitation: (i) lost revenues or profits; (ii) loss of business or loss of data; (iii) loss or damage to any personal property including computer, mobile phone or other device that is in any way related to our Website or Services, your use of the Website and/or the Services available on our Website or Services, even if SQUATS and/or its subsidiaries, sponsors or affiliates have been advised of the possibility of such damages; or (iv) for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Website and/or Services, including, without limitation, as a result of breach of any warranty or other term of the Terms, the use or inability to use the Website or Services, the software, unauthorized access to or alteration or your transmissions of data, statements or conduct of any third party on the site, any other matter relating to the Website or the Services.
We will not be liable for any injury, illness, death, loss (for example, loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (a) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; (b) the act(s) and/or omission(s) of a third party unconnected with the provision of your booking and which were unforeseeable or unavoidable; or (c) Unavoidable and Extraordinary Circumstances (which means a situation beyond our (or our suppliers) control, the consequences of which could not have been avoided even if all reasonable measures had been taken).
We do not accept responsibility or liability for any services that do not form part of our contract with you. This includes, for example, any additional services or facilities which the hotel or any other service that a supplier agrees to provide for you (such as an excursion or activity) or where the services or facilities are not advertised on our website as being included in the price of your festival ticket or Festival Package and we have not agreed to arrange them.
YOU ACKNOWLEDGE AND AGREE THAT, UNLESS OTHERWISE STATED, YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE OR THE SERVICES IS TO DISCONTINUE USE OF THE WEBSITE AND/OR THE SERVICES.
You agree to defend, indemnify and hold SQUATS, and its successors and assigns, and any affiliated companies, subsidiaries or sponsors and their respective officers, directors, affiliates, agents and employees, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys fees and costs) arising out of or relating to (i) your use or misuse of the Website and/or the Services, (ii) your breach or alleged breach of the Terms including, without limitation, a breach or alleged breach of any representation or warranty by you in the Terms; (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Website or the Service, or (iv) any infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Content that you post or otherwise transmit on the Website and/or Services.
DISPUTE RESOLUTION PROCEDURE; GOVERNING LAW
You and SQUATS agree that any disputes arising from or relating to the Site or the Services, or any relationship or dispute between you and SQUATS or you and any company or person employed by or which is affiliated with SQUATS, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall first be resolved by the parties through negotiations, failing which such disputes /differences shall be subject to arbitration, conducted in Pune, India in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 to the maximum extent permitted by applicable law. Each party shall appoint its Arbitrator and the two Arbitrators shall then appoint a third Arbitrator to be the Umpire. The arbitration order shall be a reasoned order, shall be in writing and shall be conclusive, final and binding on the parties hereto. Each party shall bear its own costs in connection with such arbitration proceedings. All such Arbitration and legal proceedings shall be conducted in English. BY USING THIS SITE, YOU AGREE TO GIVE UP YOUR RESPECTIVE RIGHT TO GO TO COURT in connection with any Dispute. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation at least 30 days before commencing any arbitration (or taking any other action).
Relationship of Parties. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SQUATS as a result of the Terms or your use of the Website or the Services.
Assignment. SQUATS may assign the Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms without SQUATS express prior written consent, and any unauthorized assignment by you shall be null and void.
Severability. If any of the provisions of the Terms is found to be invalid or unenforceable, then that provision shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
Attorneys’ Fees. In the event any litigation is brought by either party in connection with the Terms, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under the Terms shall be in writing and addressed to: “firstname.lastname@example.org” , unless otherwise specified herein.
Equitable Remedies. You hereby agree that SQUATS would be irreparably damaged if the Terms herein were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.