Terms & Conditions
In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
a.) The website www.allindianartist.com, (hereinafter referred to as "Website"), owned by Propritorship firm of yogesh Girdharlal Pandya, head office at 234,Vrundavan Society,Kalawad Road Rajkot(Gujarat)-360005 represented by its members, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns;
d.) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
www.allindianartist.com is a Website that manages Artists online. The website is a diversified artist management company represent an artist/performers across various categories. The Website/Company shall connect Users to the avail the services of an Artists who are listed on the Website.The website provides Users the convenience of scanning through a wide range of artists, checking their availability and booking them instantlyand easily . The website enables an artist to create a profile on the website and promotes them to get live events for the artists using their photos & videos. The Performance requests and bookings for Artists received by the Company, online by mail or by phone, shall be forwarded by the Company to the Artists. The website shall also operate a blog and conduct competitions to engage budding Artists and emerging Talents.
In order to use the services of this Website, You are required to register Yourself by providing the following information which inter alia includes Name, User Name, Password, Email ID, Mobile Number,Bank Account Details,Photos, Videos,Etc. The Artists who register on the site can create and update their profile on the Website. The Artists are free to delete their profile if they are not satisfied with the services of the Website.
Registration for this website is available only to those above the age of 18 years. Barring those "Incompetent to Contract" which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian All Indian Artist ,reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a.) The User continues to access and use the Website.
b.) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 5 here in above.
You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become friends with from the website. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
The use of this Website by the User, including browsing the Website and Registration is free of cost for some of the area and after that if u enjoy full feachers. The User is only required to pay for the Service availed from the Website. The website/company shall be entitled to 10% of the total amount being paid to the Talent for any event booked through the website, as its service charge. The company/website is entitled to deduct this service charge from any amount paid/payable by the User to the Artist.
The Charges and Fees for hiring the Services of the Artists will vary from one to another. The above cost is for the performance only and any other appearances, visits, dinners etc. would have to be paid for and confirmed in advance on mutually agreed terms & conditions before the departure of the Artist.
The Website reserves the right to amend the fee policy and charge for all the services which the website offers. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.
When you use book an appointment for the services of any Artist, you will be required to pay 50% advance of the Fees of the artists to the website to confirm the event date. The remaining 50% of the amount will be payable one(1) week before the event date along with the tickets and hotel booking confirmations and other requirment from Artist. All payments made to the Artist post confirmation of the booking shall be exlusive of all applicable taxes. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). As required, you permanently authorize us to instruct such ESPs to handle Account deposits and withdrawals from your account. You also permanently agree that in accordance with your requests as submitted, we may give such instructions on your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP's terms and conditions, these Agreements shall prevail.
The following payment options are available on the Website:
a.) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks.
b.) Visa & Master Card Debit cards.
c.) Net banking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of 'checkout'.
d.) Cheque payment.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware all payments must be in favor of that 'Yogesh. G. Pandya. Payable at Rajkot The User is further aware that in case of third party statements, including bank and credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
If the User requests for cancellation of the event at–least thirty (30) days prior to the agreed date of performance, then the Artist shall refund the entire amount received subject to deduction of 50% of the total booking amount as Artist's cancellation charges. User agrees to bear the cancellation charges. If the user cancels the event within thirty (30) days of the agreed date of performance for any reason whatsoever, then the entire advance paid by the user shall stand forfeited and will not be refunded.
If the Artist cancels the booking at any time for any reason, then the Artist shall refund the entire amount received in advance for the performance. However, the User shall be entitled to refund of such advance amount paid after deduction to website’s service charge. In no event of cancellation will the website/company be liable to refund its service charge.
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of using the Website.
1.)Any Artist who registers, uses or takes the assistance of the website (or its operator) to sell his skill, performance or art (whether for a fee or without consideration), such Artists agrees to the following deliverables (without prejudicing or derogating from any of the general obligations):
a.) The Artist shall provide the relevant information including photos and videos as required by the website for featuring the Artist.
b.) Upon receiving a request for quote, the Artist shall provide the fees quote to the website for the event.
c.) Artist shall coordinate with the website/company for finalizing the terms for providing the services required by any user.
2.) The Artist agrees to participate in all promotional activities of the website/company for which the Artist shall be given prior notice. Artist agrees that the website/company shall have the right to use its name, likeness and other material including photos and videos for promoting the website's and services. Artist shall promote the website through its own online properties and links.
3.) The Artist represents and warrants that he:
a.) shall make himself available for any events booked through the website for the duration agreed with the user and website and shall provide the services as agreed with the user/website diligently.
b.) shall not infringe or misuse the intellectual property rights of third party.
c.) shall abide with all the rules and regulations related to the venue of his performance.
d.) shall not insult, hurt the sentiments of any party or use abusive language in venue of his performance.
e.) Acknowledges the Site or service does not guarantee the furtherance his careers, help him financially or otherwise produce income.
The User undertakes to fulfill the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
a.) You hereby certify that you are at least 18 years of age.
b.) You hereby agree to provide genuine credentials during the process of registration for the Website. You shall not use a fictitious identity to register.
c.) You agree to ensure the email address provided in your account registration is valid at all times and shall keep your contact information accurate and up-to-date.
d.) You agree to comply with all local laws and regulations governing the use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
e.) You agree that you shall not exclude the company/website and directly enter in to / liaise with / solicit engagement from other Users and Artists who have been referred through / first contacted through or placed a request for quote through the Website.
f.) You agree that if you utilize the services of an Artist whose referral was through theWebsite, within a period of nine months from the date of referral then in addition to other legal remedies, the website/company shall be entitled to its service charge of 5 to 10%. You and the Artist agree to be jointly and severally responsible for this promise and covenant. Without prejudice to the foregoing, it is the reasonable expectation of the website/company that you and the Artist continue to route their future relationships through the website.
g.) You agree to book tickets for theArtists and their manager to and fro from the venue of the performance with the option to change the date and time of Travel.
h.) You agree to provide Accommodation to the Artists and their Managers as per their request with all expenses paid for including but not limited to room service & laundry, for their performance at a particular venue. The room provided to the Artists must be neat and basic refreshments should be provided.
i.) You agree to provide transport for the Artists and their Managers from the time of their arrival till the time of departure from the city of performance and venue.
j.) You undertake not to:
i.) Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
ii.) Access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website or its Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
iii.) Use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company's services; (ii) any other party's use and enjoyment of company's services; or (iii) the services and products of any Third Party (including, without limitation to, the Authorized Device);
iv.) Use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
v.) abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi.) engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
vii.) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's mobile phone, systems, devises and software solutions that are extensions of the Website;
viii.) download any file posted in the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
ix.) probe, scan or test the vulnerability of the Website or any network, devises and software solutions to the Website, nor breach the security or authentication measures on the Website or any network, devises and software solutions connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
x.) disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers, software solutions or networks connected to or accessible through the Website or any affiliated or linked Websites;
xii.) violate any applicable laws or regulations for the time being in force within or outside your home country;
xiii.) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiv.) threaten the unity, integrity, defense, security or sovereignty of your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
xv.) disseminate information through the Website that is false, inaccurate or misleading,or violate any applicable laws or regulations for the time being in force in or outside your home country.
15.Actions Undertaken By website On Your Device
Upon use of the Website, You grant the following permissions to the website/companyto perform the following actions on the device You have accessed the Website in.
a.) To read from, write on, modify and delete data pertaining to the Website on the device's hard disk and/or external storage;
b.) To access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
c.) To determine Your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;
d.) To determine Your exact location from sources such as, but not limited to GPS;
16.Intellectual Property Rights
a.) All information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the "Content"), as well as its selection and arrangement, is owned by Us. You may use the Content only through the Website, and solely for your personal, non-commercial use.
b.) You may not, republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
17.Intellectual Property Complaints
a.) We respect the intellectual property of others. If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Website, please contact Us +91 7600074011 / +91 9825235454 / email firstname.lastname@example.org
b.) By providing information to, communicating with, and/or placing material on, the Website, including for example but not limited to, communication during any registration and communication on the bulletin board, message or chat area, You represent and warrant:
i.) You own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Terms of Service;
ii.) all information You provide is true, accurate, current and complete, and does not violate these Terms of Service; and,
iii.) the information and Content shall not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Website that specifically ask for unique, fictitious names such as, inter alia certain message boards and chat rooms).
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites, to include the information in a searchable format accessible by users of the Website and other affiliated Websites, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
a.) The Website can be used in all countries worldwide.
b.) We make no representation that materials or Content available through our Website is appropriate or available for use outside any of these countries.
c.) If You access or use the Website from a location apart from India, You are solely responsible for compliance with necessary laws and regulations for use of the Website.
a.) We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
b.) The Company/Website has no obligation to provide You with a copy of the information You or any other User provides on the Website or that the Website has accessed.
c.) Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/ or by posting a notice on the home screen of the Website. You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, we encourage you to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
a.) Your use or any Third Party's use via Your account of the Service provided by the Website and its Content;
c.) Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
21.Disputes Arising Out Of This Agreement
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
1.) Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
2.) Stage 2: Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bangalore in the State of Karnataka, India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post.
1.) Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
2.) Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
3.) Liability: There can be remote instances of compromise if there is a failure due to unforeseen reasons and in such and instance the User is aware that We are not liable. The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
4.) Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.