Welcome to eBanquet! The website www.ebanquet.com, and the mobile application “eBanquet” (“PLATFORM”) is owned, managed, operated and maintained by Expedite Banquet Private Limited (hereafter referred in this document as “eBanquet”/ “we”/ “us”) and any access of the PLATFORM or use of the services, offered by eBanquet through the PLATFORM (“Services”), is subject to your express acceptance of these terms of service (“Terms”). These terms shall apply to You the user (“You” or “User”) and, as applicable, Users who are looking to offer their services (“Service Providers”) through the PLATFORM, and Users seeking to purchase services (“Customers”) offered by the Service Providers.
Please read these terms very carefully. By accessing the PLATFORM, You agree to comply with the terms.
The PLATFORM is an online arena, which enables and provides a convenient and innovative means for Customers to easily, efficiently and securely purchase services from local service providers. The PLATFORM serves as a one-stop solution for Customers to book venues, photographers, videographers, caterers or party halls while giving the local service providers a strong and dynamic branding platform.
Please take note that the PLATFORM currently enables the Users to showcase and purchase the services listed through this PLATFORM and any purchase of the services by a Customer may be subject to additional terms specified by a Service Provider.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR IF YOU CANNOT REMAIN IN COMPLIANCE WITH SUCH TERMS, PLEASE DO NOT ACCESS THE PLATFORM OR USE ANY OF THE SERVICES AND IMMEDIATELY CEASE SUCH ACCESS AND USE.
eBanquet may modify these Terms or any additional terms that apply to a Service to reflect changes to Our Services or change in any applicable laws, or for other specific reasons. We encourage You to review the Terms regularly. We’ll provide notice of any changes to the Terms on this page and any Service specific changes will be notified in the relevant page of the applicable Service. Changes will not apply retroactively. Unless We specifically mention otherwise in a notice, changes will become effective immediately upon being posted. If You do not agree to the modified terms for a Service, please discontinue Your use of that Service.
By using the PLATFORM You warrant that:
- You are at least 18 years old (if You are an individual) or if You are an entity, that You are legally constituted as per the applicable laws of the country of Your registration; and
- You are legally capable of entering into a binding contract; and
- You are not in any way prohibited by the applicable law in the jurisdiction in which You are currently located to enter into these Terms; and.
2. Sign up and Registration
During registration, You will be asked to choose a username and password for the Account (“Login Credentials”). Once an Account is created, You agree to be entirely responsible to safeguard and maintain the confidentiality of the username and password You use to access Your Account. You authorize eBanquet to assume that any person using the PLATFORM with Your username and password is You or is authorized to act for You. You agree to notify Us immediately if You suspect any unauthorized use of the Account. We reserve the right to promptly disable Your Login Credentials and suspend Your access to the Services and/or the PLATFORM in the event We have any reason to believe that You have breached any of the provisions set out herein.
By becoming a registered User, You agree to (i) not use Your Login Credentials with the intent of impersonating another person (ii) not allow any other person to use Your Login Credentials; (iii) abide by the Terms and the processes, procedures, and guidelines described throughout the PLATFORM; (iv) be financially responsible for Your use of the PLATFORM and the purchase or delivery of professional services; (v) perform Your obligations as specified by any contract that You accept, unless such obligations are prohibited by law or by the Terms.
Once You have registered as a Customer or as a Service Provider, You would be able to find specific services posted by Service Providers,. You may be allowed to submit or post images, texts etc. that can be viewed and accessed in the public domain. Any and all content posted on the PLATFORM by a User including but not limited to all information, comments, images, third party URL links, or other material whatsoever in any format shall constitute the “User Content”.
Regardless of the clause above, You acknowledge that submitting any User Content does not guarantee that such User Content, or any part thereof, shall appear on the PLATFORM, whether or not the submission of such User Content is part of the Services. You agree that eBanquet may, at its sole discretion, choose to display any User Content or any part of the same that You make on the PLATFORM, or to remove them as We deem necessary or appropriate.
Unless otherwise explicitly stated by us, eBanquet does not vet, verify the accuracy, correctness and completeness, edit or modify any User Content or any other information, data and materials created, used and/or published by You to determine whether they may result in any liability to any third party. You hereby warrant that You have the rights to use all such User Content in the manner set out in these Terms. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR SERVICE BY A USER IN CONTRAVENTION OF THIS CLAUSE.
While we put in best efforts to verify the Service Providers, we do not engage in any background check on Our Customers. Accordingly, We cannot confirm that each Customer is who they claim to be and therefore, We cannot and do not assume any responsibility for the accuracy or reliability of identity or any information provided through the PLATFORM. When interacting with other Users, You should exercise caution and common sense to protect Your personal safety and property, just as You would when interacting with other persons whom You don’t know. NEITHER eBanquet NOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND YOU HEREBY RELEASE EBANQUET AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. EBANQUET AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.
3. User obligations
General Obligations of all Users
- You shall be solely responsible and liable for all activities on the PLATFORM undertaken through or using Your Login Credentials. You must comply with all applicable law in respect of Your use of the PLATFORM and the Services including, without limitation, compliance with all applicable e-commerce directives, buyer protection legislation and data protection and privacy directives.
- You shall not submit to the PLATFORM any User Content that may reasonably be deemed to:
- be offensive, illegal, inappropriate or in any way;
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libelous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
- promote or contain information that You know or believe to be inaccurate, false or misleading;
- engage in or promote commercial activities and/or sales not related to the Services, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes; or
- infringe any rights of any third party
- The PLATFORM and the Services shall be used for lawful purposes only and must not be used to transmit User Content or activity that:
- impersonates any entity, business, or person;
- involves the distribution of any form of solicitation or unwanted, unsolicited or harassing mass e-mails, any chain mail, junk mail or any unsolicited or unauthorized advertising or promotional materials;
- infringes or misappropriates any of the intellectual property rights proprietary right, license right, or legal content protections;
- Use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed abusive, libelous, fraudulent, deceptive, tortuous, obscene, threatening, invasive of privacy, offensive, inflammatory, hateful, defamatory, discriminatory or encourages or incites any criminal activity harmful to others, or is otherwise objectionable;
- disrupts or interferes with the PLATFORM or disable, impair or damage any servers or networks connected to PLATFORM, or violate any policies or regulations of networks connected to PLATFORM;
- introduces any viruses or code, that permit the unauthorized use of a computer or computer network or otherwise destroy, interrupt, or limit the functionality of any software or hardware in relation to the PLATFORM;
- gains or attempt to gain unauthorized access to any user accounts, networks, services or computer systems, through any means.
- accesses or probes any network, computer or communications system, software application, or network or computing device systems without authorization, including but not limited to breaches, vulnerability scans or penetration testing
- attacks, abuses, interferes with, surreptitiously intercepts, or disrupts any Users, systems or services, including but not limited to unauthorized monitoring or crawling, distribution of malware (including but not limited to viruses, Trojan horses, worms, time bombs, spyware, adware, or cancelbots) ;
- alters, forges or obscures mail headers or assumes a sender’s identity without the sender’s express permission, or collects replies to messages sent from another internet service provider in violation to this Policy or the applicable policy of that provider;
- disables, interferes with, abuses, disrupts, intercepts, circumvents or otherwise violates the security of the PLATFORM and Services;
- markets or solicits any prohibited, contraband or illegal substances.
Use by Service Providers
The Services enable Service Providers to list real time data regarding the services offered by them, which they desire to showcase to a Customer. Service Provider may post multiple services on the PLATFORM. The registration charges payable by a Service Provider for using the PLATFORM may vary depending on the membership package subscribed to by the Service Provider.
When submitting a service listing, we recommend that You ensure that the listing contains all information that is reasonably necessary for a Customer to fully and accurately make an informed decision, including (i) the description of the service You are offering, including without limitation the brand names where relevant, the location of the Your facility; and (ii) a list of experience, skills, training, qualifications and any other pre-requisites; and (iii) the price/ service charges applicable.
As a Service Provider, it shall be Your sole responsibility to:
- ascertain the identity of the Customer(s); and
- communicate with Customer(s);
As a Service Provider, You must (i) not provide information (including in any service listing and/or other communication with Customers) which You know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts; (ii) promptly mark any unavailable service accordingly; and (iii) immediately notify eBanquet in the event You have any reason to believe or suspect that a Customer or another Service Provider has breached any of the Terms or that any Customer or Service Provider Profile is not genuine, or is false.
You acknowledge and agree that service listings will be viewable by any Users of the PLATFORM and You can choose to share private information or have a private conversation directly with a specific Customer in accordance with the instructions set out on the PLATFORM.
While a Service Provider may offer liquor as part of the catering services to a Customer, please note that PLATFORM does not permit sale or purchase of liquor through the PLATFORM. The Service Providers may enter into direct arrangements with the Customers in this regard.
You may cancel the your listing in the PLATFORM as a Service Provider of any Service at any time. Any cancellation or withdrawal from Service by You shall not entitle You for refund of any registration fee already paid.
eBanquet shall not be a Party to and shall not involve itself in any disagreement between the Service Provider and Customer. eBanquet shall in no event be liable to any User on account of any cancellation of listings of services.
Use by Customers
The PLATFORM allows the Customer to add Your preferences.
As a Customer, You must:
- provide all information reasonably requested by eBanquet to set up Your Account, including but not limited to Your contact details (including Your mobile number for SMS purposes;
- ensure You are appropriately qualified to use the Services.
- at all times keep all information including without limitation, communication and correspondences between You and the Service Providers and all information relating to Service Providers secure and confidential; and
- immediately notify eBanquet in the event You have any reason to believe or suspect that a Service Provider has breached any of its Terms or that any of the products and/or services posted by a Service Provider are not genuine, false, inaccurate and/or incomplete.
a) Cancellation Policy for Banquet/ Marriage Hall
Time of Cancellation
Before 60 or more days from the date of event
Amount after deduction of eBanquet cancellation charges
After 60 days and before 30 days from the date of event
a) If another booking is confirmed for the cancelled date before 30 days from event, then full amount paid by Customer after deducting bank charges and eBanquet cancellation charges, after the event date.
b) If no booking is confirmed for the cancelled date then 25% of amount paid by Customer after deducting bank charges and eBanquet cancellation charges, after the event date.
Less than 30 days and more than 7 days from the date of event
Where another booking is confirmed for the cancelled date 25% of amount paid by Customer after deduction of bank charges and eBanquet cancellation charges, after the event date.
b) If no booking is confirmed for the cancelled date then no refund shall be made
Less than 7 days from the date of event
Where another booking is confirmed for the cancelled date then 30% of amount paid by Customer after deduction of bank charges and eBanquet cancellation charges, after the event date.
b) If no booking is confirmed for the cancelled date, then no refund shall be made
b) Cancellation Policy for Catering
Time of Cancellation
Refund of Booking amount
Before 3 or more days from the date of event
Full amount (excluding booking amount) paid by Customer after deduction of bank charges and eBanquet cancellation charges
Less than 3 days from the date of event
Where another booking is confirmed for the cancelled date then 50% of amount paid by Customer (excluding booking amount) after deduction of bank charges and eBanquet cancellation charges, after the event date.
b) If no booking is confirmed for the cancelled date then no refund shall be made
The cancellation policies for any other Services procured through the PLATFORM shall be as per the cancellation policy of the Service Provider. The Customer shall ensure to seek clarity on the same with the Service Provider directly in case the same is not made available on the PLATFORM by the Service Provider. Refunds, if any, applicable on such other services shall be made after deduction of applicable bank charges as well as eBanquet cancellation charges.
4.Modifying and Terminating Our Services
We are constantly changing and improving Our Services. We may add or remove functionalities or features, and We may suspend or discontinue a Service altogether or add or create new limits to Our Services at any time for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to You for any such suspension or non-availability of the Services and/or the PLATFORM (whether wholly or partly).
You will always have the option to stop using Our Services at any time.
We believe that You own Your data and preserving Your access to such data is important. If We discontinue a Service, where reasonably possible, We will give You reasonable advance notice and a chance to get information out of that Service.
If You have reason to believe that another User has not followed or complied with their obligations in these Terms, or You have a complaint to make, please e-mail us at: firstname.lastname@example.org or by using the “Contact Us” form available on the PLATFORM. Please provide full details of the nature of Your complaint and the materials to which the complaint relates. We will use Our reasonable endeavors to respond to all complaints within a reasonable time and to take reasonable action, which We deem appropriate to resolve or rectify the subject matter of such complaints.
In the event that eBanquet, in its sole and absolute discretion, considers that there has been a breach or threatened breach of any of the Terms by You, We reserve the right to take any action that We deem to be necessary, including without limitation, temporary suspension, or termination forthwith and without notice of Your use of and access to the Services and the PLATFORM; and in the case of illegal use, the initiation of appropriate legal proceedings.
Irrespective of other remedies We have available, We may suspend or terminate Your Account and refuse to provide any or all Services to You if: (i) You breach the letter or spirit of any of these Terms; or (ii) We are unable to verify or authenticate any information You provide to us; or (iii) We believe in Our sole discretion that Your actions may cause harm to Our Users (including You) or for Us or are contrary to the interests of the PLATFORM. Once terminated, You must not continue to use the PLATFORM under the same Account, or register under a new Account. YOU AGREE THAT EBANQUET WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE PLATFORM OR SERVICES OR DELETION OF YOUR ACCOUNT.
9. Disclaimer Of Warranties
We provide the PLATFORM and the Services on an “AS IS” and “as available” basis. No express warranties or guarantees are made about the PLATFORM. We do not provide any representation that the PLATFORM is available for use in any particular location. Your use of the PLATFORM shall be at Your own initiative and risk. You must comply with all applicable local laws.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ALL WARRANTIES WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF PLATFORM ACCURACY, ACCURACY OF USER CONTENT, FITNESS FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, SECURITY, NON-INFRINGEMENT, SYSTEM INTEGRATION, AVAILABILITY, INTEGRITY, DATA ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS, SUITABILITY OF CONTENT OR SERVICES, OR THOSE WARRANTIES THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE ARE DISCLAIMED. WE MAKE NO WARRANTY THAT ANY UPDATES, UPGRADES, BUG FIXES, ERROR CORRECTIONS AND/OR ENHANCEMENTS OF THE SOFTWARE WILL BE MADE OR THAT ANY COMMUNICATIONS FROM AND/OR TO THE PLATFORM WOULD BE SECURE OR NOT INTERCEPTED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBANQUET AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE PLATFORMS AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, OR TIMELY, ERROR-FREE (OR THAT ANY SOFTWARE, SERVICES, PLATFORMS OR SERVER(S) ON WHICH THE SERVICES AND PLATFORMS ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE PLATFORM AND THE SERVICES AND ANY CONTENT PROVIDED ON OR THROUGH THE PLATFORMS AND SERVICES AND ANY RECEIPT OR DOWNLOAD OF CONTENT OR INFORMATION FROM PLATFORM ARE ENTIRELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, DATA OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PLATFORM OR SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING OR USING THE PLATFORM.NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVE SHALL CREATE A WARRANTY.
eBanquet shall bear no responsibility or liability for inspecting or verifying any User Content. Commentary and other materials posted on the PLATFORM are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our site, or by anyone who may be informed of any of its contents.
Additional Disclaimers for Service Providers and Customers
You acknowledge and agree that the Services provided by eBanquet are limited to providing You with a facility to attempt to source and connect with Service Providers and/ or Customers as the case may be.
eBanquet does not guarantee the Service Providers that You will (i) find Customers suitable to Your specific requirements; or (ii) secure any proposals, responses or any communication from Customers. Further, We make no warranties and assume no responsibility for verifying the credentials, standards or reputation of the Customer neither do We verify that any information provided by the Customer or listed on the PLATFORM (including the proposals or any information provided or comments made by Customers in their communication with You) is true, accurate, complete and up-to-date.
While we provide a wide array of Service options we do not warrant or guarantee the Customers that You will be successful in Your search for any specific products and/or services suiting Your requirements, through the PLATFORM.
In particular, eBanquet does not warrant or guarantee (i) the completeness, correctness and accuracy of any service listing posted on the PLATFORM; or (ii) the authenticity of the accounts, listings; or (iii) that any information or documentation made available on the PLATFORM by a User is authentic, valid, accurate or otherwise complete; or (iv) the identity of the Customers using the PLATFORM; or (v) the suitability of the Service Providers.
You agree and acknowledge that Customers and Service Providers are entitled to assign ratings and reviews to each other and We will make such ratings available to all Users of the PLATFORM. We do not control or otherwise contribute to such ratings or reviews.
You also acknowledge, agree, and understand that (i) You are not an employee of eBanquet, and You are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) eBanquet will not have any liability or obligations under or related to any contracts between Users for any acts or omissions by You or other Users; (iii) eBanquet does not, in any way, supervise, direct, or control any Service Provider or the manner in which services are performed by a Service Provider.
10. Intellectual Property Rights
All right, title and interest in and to the PLATFORM are owned by eBanquet Inc. All content and materials contained in the PLATFORM, including, but not limited to, all PLATFORM design, content, images, logos, graphics, button icons, data compilations, digital downloads, etc., are protected by the applicable intellectual property laws.
You acknowledge and agree that the PLATFORM and any software used in connection with the PLATFORM contain proprietary and confidential information that is protected by applicable intellectual property laws. Any unauthorized use of the materials provided as part of the PLATFORM is strictly prohibited. Software, in both source and object code forms, APIs, associated documentation, and other related materials may be available for download on certain parts of the PLATFORM. eBanquet or its licensors own and retain all rights in such software content, including all applicable intellectual property rights. Nothing in these Terms grants any right or license to software content. Software content is governed by its own separate terms and conditions and all use of software content must be in accordance with the specified license(s), which may include, but is not limited to software licenses, End User Agreements and free/open source software licenses, as applicable.
You understand and acknowledge that (i) the software, code, proprietary methods and systems used to provide the PLATFORM or Services, (ii) the content in the PLATFORM, (v) names, logos, and other materials displayed on the PLATFORM or in the Services constitute trademarks, trade names, service marks or logos of eBanquet; and/or (vi) any intellectual property therein may not be copied, modified, reproduced, republished, posted, or transmitted. Further, no content on the PLATFORM may be sold, offered for sale, or redistributed in a commercial manner without Our prior written permission. Nothing in this Terms grants You any right to receive delivery of a copy any Our Intellectual Property or to obtain access to Our Intellectual Property except as generally and ordinarily permitted through the PLATFORM according to these Terms. You must not use any materials on the PLATFORM in an unauthorized manner including reproduction, republication, modification or distribution, or any form of data mining or data extraction, or other commercial exploitation of any kind except as provided herein. You must not use any device or manual process to monitor or copy the pages of Our PLATFORM or the content therein.
Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property rights of eBanquet or any third party. All rights not expressly licensed are reserved.
11. Third Party Sites And Content
This PLATFORM may contain links to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively,“Third Party Sites”) that are provided solely as a convenience to You and not as an endorsement by Us of the contents of such other third party sites.We do not endorse and are not responsible for (i) any statements, opinion, advice or information made or displayed on PLATFORM by any User or a third party or (ii) for any Third Party Sites which may be linked to or from the PLATFORM. Your use of any Third Party Sites shall be at Your own risk. We will not be liable to You for any loss or damage resulting from You accessing or using such Third Party Sites.
Further, You may be required to download certain third party applications for making use of certain functionalities of the Services, which may be governed by terms and conditions that may be different from that of the PLATFORM. We strongly urge that You review such third party terms and condition in detail before downloading and installing any third party applications that You may download in connection with the Services.
Any reliance You place on any third party content is at Your own risk. Any third party content, including, without limitation, content in the nature of opinions, advice, statements, services, offers, or other Users of the PLATFORM or other information, expressed or made available on the PLATFORM or through the Services are those of the respective authors thereof, and not that of eBanquet. eBanquet does not in any manner guarantee, endorse, or is otherwise responsible or liable for the accuracy, completeness, timeliness, reliability, availability, usefulness or any other aspects of any third party content accessible through the PLATFORM or Services.
12. Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EBANQUET AND/OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF SAVINGS, LOSS OF DATA, OR LOSS OF GOODWILL) OR ANY DAMAGES OF WHATSOEVER NATURE THAT RESULT FROM OR ARISES IN CONNECTION WITH (i) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE PLATFORM OR THE SERVICES; (ii) ANY CONTENT OF THE PLATFORM AND/OR THE SERVICES; (iii) STATEMENTS OR CONTENT POSTED ON THE PLATFORM AND/OR THE SERVICES; (iv) ANY SERVICE PURCHASED OR OBTAINED THROUGH THE PLATFORM; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE PLATFORM OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE PLATFORM OR THE SERVICES, OR (vii) ANY OTHER FAILURE OF PERFORMANCE OF THE PLATFORM OR SERVICES OR OTHER MATTER RELATING TO THE PLATFORM AND/OR THE SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE PLATFORM OR SERVICES OR CONTENT STORED THEREIN, IRRESPECTIVE OF WHETHER A CLAIM IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES.
To the extent a Service Provider or Customer provides Confidential Information to the other, the recipient shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not: (i) disclose Confidential Information to anyone except, in the case of eBanquet, to any Service Provider or Customer; and (ii) use the Confidential Information, (including, without limitation, the storage or transmission of Confidential Information on or through the PLATFORM). Service Provider and Customer shall not publish, or cause to be published, any Confidential Information. In the event either Customer or Service Provider breaches this Confidentiality obligation, eBanquet shall not be made liable for any such breach and the disclosing party shall not take any action against eBanquet.
If and when Confidential Information is no longer needed for the performance of Services for the relevant Contract, or at the Service Provider’s or Customer’s written request (which may be made at any time at Service Provider’s or Customer’s sole discretion), Service Provider or Customer (as the case may be) shall promptly destroy or return all Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. Each of Service Provider or Customer, as applicable, agrees to provide written certification to the party disclosing the Confidential Information within ten (10) days after the receipt of disclosing party’s written request to certify.
For the purposes of these Terms, Confidential Information means information relating to one party which is made available by such party to the other party in relation to the Services and includes any information, analyses, compilations, notes, or software code derived from, containing or reflecting such information but excludes information which:
- is publicly available or becomes publicly available (other than as a result of disclosure by the recipient or any other person contrary to the terms of this Agreement); or
- was available (as can be demonstrated by the recipient’s written records or other reasonable evidence) to the recipient or other person to whom it is furnished hereunder free of any restriction as to its use or disclosure prior to its being so furnished; or
- becomes available to the recipient (as can be demonstrated by the recipient’s written records or other reasonable evidence) from a source other than the provider, which source is not bound by any obligation of confidentiality to the provider in relation to such information.
- is required to be disclosed, retained or maintained by law or any regulatory or government authority.
- is independently developed by the recipient without any use of disclosing party’s confidential information.
You agree to indemnify and hold Us and Our affiliates, officers, employees and agents, harmless from and against all liabilities, losses, demands, claims, damages, penalties, interests and expenses (including ensuing legal expenses and costs) arising from any third party claims resulting from Your use or access of PLATFORM and/or Services. You shall further defend, indemnify and hold harmless eBanquet and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to (i) any breach of these Terms by You, or (ii) based upon Your actions or inactions, which may result in any loss or liability to eBanquet or any third party or arising out of the Your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Users or infringement of intellectual property or other rights.
15. Force Majeure
We will not be liable for any failure of performance under the Terms or to provide the Services through the PLATFORM to the extent such failure was caused by a Force Majeure event, which shall constitute any and all events beyond Our reasonable control, including but not limited to acts of the government authorities, acts of God, fire, natural disasters, strikes, explosion, riots, war, terrorism, non-cooperation of third parties, network failure, disruption of communication lines, power outages, etc.
16. Dispute Resolution
If a dispute arises between You and eBanquet or any Affiliates, Our goal is to resolve the dispute quickly and cost-effectively. Accordingly, You, eBanquet and Our Affiliates agree that We will resolve any claim or controversy at law or equity that arises between Us out of this Terms.
Before filing a Claim for arbitration or otherwise seeking relief in a court of law, You agree to first contact eBanquet to inform its Customer Support team of Your complaint and seek resolution. This notice of dispute must include: Your name, pertinent account information, a brief description of Your dispute, and contact information so that eBanquet may evaluate the dispute and attempt to informally resolve it. eBanquet will have 60 days from the date of Your original complaint to informally resolve the dispute, which if successful will avoid the need for further action.
If You and eBanquet are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Platform shall finally and exclusively be resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT. The arbitration will be commenced and conducted under the Rules of arbitration as per the Arbitration and Concilitation Act, 1996 including any amendments thereto.
Notwithstanding the foregoing, You and eBanquet retain the right to seek injunctive or other equitable relief in courts located in Bangalore, India or any other court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
You are responsible for compliance with applicable laws, regulation and treaties, keeping in mind that access to the contents of this PLATFORM may not be legal for or by certain persons or in certain countries.
If eBanquet fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve You from compliance with such obligations. No waiver by eBanquet of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
You will not transfer, assign or delegate Your rights or obligations (including Your Account) under these Terms to anyone without the express written permission of eBanquet, and any attempt to do so will be null and void. We may assign these Terms in Our sole discretion.
All notices required or permitted to be given under these Terms, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to Our addresses or to such other address as any party shall designate by notice in writing.
Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against eBanquet and such third parties shall not be entitled to enforce any of these Terms against eBanquet.
These terms shall be governed by laws of India, regardless of Your country or state of origin or where You access the PLATFORM, and regardless of any principle of law that may provide for the application of the law of another jurisdiction.