The words "use" or "using" in this Agreement, means any time an individual (a "user"(whether registered or unregistered) or any third party user), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages.
By accessing, browsing, and/or using the Site, you accept and agree to be bound to these Terms. In addition, when using particular Fiticket services, you also shall be subject to any posted guidelines, FAQs, or rules applicable to such services, which may be posted and modified from time to time.
Members receive classes per membership cycle (defined as one single one month duration) to be used to visit any studio of their choice available on our platform up to 3 (three) times during each such membership cycle. Members cannot transfer or gift classes to third parties, including other Fiticket members. Fiticket reserves the right to increase from time to time in its sole discretion the number of Eligible Classes a member can take in a given cycle (such as pursuant to certain promotions that we may offer from time to time). The most classes a member can take at any 1(one) studio in a cycle is 3 (three) classes. Fiticket makes no guarantee on the availability of classes as access to classes is on a space-available basis.
Your Fiticket membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. You can purchase your pack as per your choice of 30 (thirty) days, 90 (ninety) days, 180 (one hundred eighty) days or 365 (three hundred and sixty five) days. For example, if you purchase a 30 (thirty) day Fiticket package on June 6th, your membership will be valid till renew on July 5th. Once your 30 day cycle, you will receive your full number of Eligible Classes for such new monthly cycle. If you have purchased a more than 30 (thirty) day package, please note that any Eligible Classes not used during a month cycle are forfeited, and will not be exercisable in the next subscription cycle. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use Fiticket.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS
Payment Methods. You may edit your Payment Method information by emailing us at [email protected] If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. If you are not comfortable making an online payment on Fiticket, you can opt for the cash payment method instead and upon booking the same, our representative shall collect the cash from you. Within 24 (twenty four) hours of receiving the cash, your unique registration id shall be generated. However, it is expressly clarified herein that in event the generation of the registration id exceeds the said period of 24 (twenty four) hours from the receipt of cash by us, due to some unavoidable reason and/or circumstance, you shall not raise any claims of whatsoever nature against the Company and the Site and any and all of its affiliates, associates, employees, representatives, etc.
Cancellation. You may terminate your monthly subscription at any time with 5 days’ notice by emailing us at mailto:[email protected] However, your month cannot be cancelled and is non-refundable.
Your Fiticket covers your access to classes. In addition, you are responsible for paying cancellation fees or forfeiting days if you do not cancel your class with appropriate notice. Some of our venues may also charge equipment or other amenity fees. The Fiticket only gives you access to the class for which you signed up. The venue may have additional fees for use of additional classes or spaces.
TERMINATION BY FITICKET
You agree that Fiticket, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Fiticket or use of the Site and remove and discard all or any part of your account or any content uploaded by you, at any time. Fiticket may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice and without any liability or further obligation of any kind whatsoever to you or any other party. You understand, acknowledge and agree that you have no right to institute any motion for appeal or any other legal action, against such termination of your use of and registration on the Site. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Fiticket will not be liable to you or any third party for any such termination. Fiticket does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Fiticket may have at law or in equity.
ELIGIBILITY; REGISTRATION INFORMATION AND PASSWORD; SITE ACCESS
THE SITE IS NOT AVAILABLE TO PERSONS OUTSIDE INDIA OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY FITICKET. BY USING THE SITE, YOU REPRESENT THAT YOU ARE AN INDIAN RESIDENT WHO HAS NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE.
If you are using or opening an account on the Site on behalf of a company, entity, or organization (a “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
You agree that the information you provide to Fiticket on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. We and/or the Company shall not be liable for any claims, damages and/or any such legal proceedings arising out of any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us on the contact details specifically provided on the Site, if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or you recognize any other need to deactivate your user name or password due to security concerns.
By using the Site, you promise not to:
- Harass, threaten, or defraud Site users;
- Make unsolicited offers, advertisements, proposals, or send junk mail to users;
- Impersonate another person or access another user’s account without that person’s permission;
- Share Fiticket-issued passwords with any third party or encourage any other user to do so;
- Permit third parties to use any classes booked under your own membership, including other members;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
- Upload material (e.g. virus) that is damaging to computer systems or data of Fiticket or users of the Site;
- Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
- Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content.
This site is intended for Indian residents only. Those who choose to access the Site do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Fiticket reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
General. The Site provides certain features which enable you and other users to submit, post, and share content with other users, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). User Submissions are displayed for informational purposes only and are not controlled by Fiticket. Fiticket cannot guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to the Site. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Fiticket, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
Right to Remove or Edit User Submissions. Fiticket makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, Fiticket complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see the “Digital Millennium Copyright Act” section below).
License Grant by You to Fiticket. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Fiticket, you hereby grant Fiticket and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Fiticket Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Fiticket’s (and its successors’) business, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Fiticket to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Fiticket and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Fiticket’s or any Fiticket Licensee’s use of such User Submissions pursuant to these Terms, and Fiticket’s or any of Fiticket Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) cause injury to any other person; (c) violate these Terms or any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others. Fiticket may, but is not obligated to, monitor and edit or remove any activity or content, including but not limited to content that Fiticket determines in its sole discretion to be violative of the standards of this Site. Fiticket takes no responsibility and assumes no liability for any User Submissions.
Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Fiticket does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST FITICKET WITH RESPECT THERETO.
Feedback. If you provide Fiticket with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Fiticket shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Fiticket a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time i.e the frequently asked questions (the “FAQs”). All such FAQs are hereby incorporated by reference into the Terms.
OWNERSHIP; PROPRIETARY RIGHTS
The Site is owned and operated by the Company. The visual interfaces, format, audio and video material, artwork, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively “Materials”) are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of Fiticket or its subsidiaries or affiliated companies and/or third-party licensors or have been reproduced with appropriate license, permission of the copyright owner or are free-to-use public domain resources. All trademarks, service marks, and trade names are proprietary to Fiticket or its affiliates and/or third-party licensors. Except as expressly authorized by Fiticket, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well.
The Site is to be used solely for your non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
- You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site.
- You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of the Company.
- You agree to respect the intellectual property rights of the Company in the Material on the Site and understand that any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under the laws applicable.
- We require users to respect our copyrights, trademarks, and other intellectual property rights.
- You agree that you shall not use the Company’s trademarks for any products or services in any manner that may be likely to create any confusion or deception amongst the users, customers, members of trade and general public in any manner.
- You agree that you shall never challenge the existence, validity or otherwise of the Company’s trademarks, patents, copyrights or other intellectual property that becomes available to you by accessing and using the Site. The Company retains exclusive ownership rights in all the Material and all intellectual property rights therein, whether registered or unregistered and you will not take any action which may jeopardize, limit or interfere with the Company’s intellectual property rights in any manner.
- We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them more than once to infringe the intellectual property rights of others.
- We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.
- We reserve the right to institute any such legal proceedings under the relevant applicable laws, against any user/s responsible for infringement/passing off/ violation of our intellectual property rights.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. You may contact us at [email protected]
THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. YOU AGREE THAT FITICKET WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Fiticket and/or the Company reserves the right to recover the cost of goods, collection charges, damages casued to Fiticket and/or the Company and legal expenses from persons using the site fraudently. Fiticket and/or the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.
Except as explicitly stated otherwise, legal notices will be served, with respect to Fiticket, , and, with respect to you, to the email address you provide to Fiticket during the registration process. Notice will be deemed given 24 (twenty four) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given 3 (three) days after the date of mailing.
DISCLAIMERS; NO WARRANTIES
CLASSES, ACTIVITIES, AND ANY OTHER SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT FITICKET. YOU AGREE THAT ATTENDANCE AT OR USE OF ANY SUCH CLASSES, ACTIVITIES, OR OTHER SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY, FITICKET ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S ATTENDANCE OR PARTICIPATION IN A CLASS, SERVICE OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER IN CONNECTION WITH THE SERVICES OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE SITE OR ANY CONTENT ON THE SITE. FITICKET IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY PROVIDER WITH WHICH A USER HAS MADE A RESERVATION, OTHER THAN AS THE PROVIDERS OF THE SERVICES PROVIDED ON THE SITE. WITHOUT LIMITING ANYTHING HEREIN, FITICKET DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY CLASSES, ACTIVITIES, OR OTHER SERVICES OFFERED VIA THE SITE.
UNLESS OTHERWISE EXPRESSLY STATED BY FITICKET, THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FITICKET, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SITE, INCLUDING, WITHOUT LIMITATION, SHOUTING AND MATERIALS ASSOCIATED WITH YOUR USE OF THE SITE.
UNLESS OTHERWISE EXPRESSLY STATED BY FITICKET, FITICKET, ITS SUPPLIERS AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS (I) THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) REGARDING THE USE OF THE SITE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
INDEMNIFICATION; HOLD HARMLESS
You agree to indemnify, defend and hold the Site, the Company, and any of its Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or your postings. Although we provide rules for user conduct, we do not control or direct users' actions on the Site and are not responsible for the content or information users transmit or share on the Site. We are not responsible for any offensive, inappropriate, obscene, and unlawful or otherwise objectionable content or information you may encounter on the Site. We are not responsible for the conduct, whether online or offline, or any user of the Site. The Company reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Company in the defence of any such claim, action, settlement or compromise negotiations, as and when requested by the Company.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
LIMITATION OF LIABILITY AND DAMAGES
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FITICKET OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SITE, OR ANY OTHER INTERACTIONS WITH FITICKET, EVEN IF FITICKET OR A FITICKET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FITICKET’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL FITICKET OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).
General. Generally, if a dispute arises between Fiticket and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. This Agreement and your use of the Site is governed by, construed and enforced in accordance with the Indian Contract Act, 1872 and laws of India, and for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive territorial jurisdiction and venue of the Courts situated in the city of Mumbai, India and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. Accordingly, you and Fiticket agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Fiticket relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Fiticket as set forth in the Preamble to these Terms.
Force Majeure. We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that it beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactment’s of any kind, import or export regulations , exchange control regulations or accident or non-availability/ delay in transport.
Claims; Statute of Limitations. YOU AND FITICKET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If you have any questions about the terms of this Agreement, please contact us at [email protected] This Agreement was last modified on __4/4/15________________.
Disclosure. The services hereunder are offered by Fiticket Inc., located in Mumbai, India and email: [email protected]