Terms and Condition - PartyandProps

PartyandProps

TERMS OF SERVICE AGREEMENT

REVISION: [24-Mayl-2021]
Please read this terms of service agreement carefully. By using this platform or ordering products and
services from this platform you agree to be bound by all of the terms and conditions of this agreement.
This Terms of Service Agreement (the “Agreement”) governs your use of this website,
www.partyandprops.in, its associated mobile applications and social media profiles, Mascot Outsercicing Services Pvt.
Ltd. (“Party And Props”) offer of products and services for purchase on this Platform, or your purchase of
products and services available on this Platform. This Agreement includes, and corporate by this reference,
the policies and guidelines referenced below. Party And Props reserves the right to change or revise the
terms and conditions of this Agreement at any time by posting any changes or are vised Agreement on this
Platform. Party And Props will alert you that changes or revisions have been made by indicating on the top of
this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately
after it is posted on this Platform. Your use of the Platform following the posting any such changes or of a
revised Agreement will constitute your acceptance of any such changes or revisions. Party And Props
encourages you to review this Agreement whenever you visit the Platform to make sure that you understand
the terms and conditions governing the use of the Platform. This Agreement does not alter in any way the
terms or conditions of any other written agreement you may have with Party And Props for other products or
services. If you do not agree to this Agreement (including any referenced policies or guidelines), please
immediately terminate your use of the Platform.
Membership Eligibility
Use of Party And Props Platform is only for those individuals or legal entities who can form legally binding
contracts under the applicable law. Therefore, if you are a minor, that is below 18 years of age, you are not
eligible to use or transact on this Platform.
Products and Services
Terms of Offer. Party And Props is an online marketplace for providing Experiences. “Experiences” are certain
products and services packaged together, and marketed, sold via the Platform. In order to provide a
comprehensive choice of Experiences, it has tied up with many vendors and service providers. By placing an
order for Experiences through Party And Props, you agree to the terms set forth in this Agreement.
Communication. If you the Platform or send emails or other data, information or communication to the
Platform, you consent to receive communication from the Platform and its employees and shareholders by
email, SMS, electronic alert and call to provide you with, but not limited to, updates, reminders and feedback
requests. Customer Solicitation: Unless you notify Party And Props sales reps, while they are calling you, of
your desire to opt out from further direct company communications and solicitations, you are agreeing to
continue to receive further emails, notifications ,messages and call solicitations from Party And Props and its
designated in-house or third party call and message team(s). Opt Out Procedure: We provide 2 easy ways to
opt out of from future solicitations.
1. You may use the opt-out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email to Party And Props on the contact email mentioned
on our website Proprietary Rights. Party And Props has proprietary rights and trade secrets in the
Experiences. You may not copy, reproduce, resell or redistribute any Experiences manufactured and/or
distributed by Party And Props. Party And Props also has rights to all trademarks and trade dress and specific
layouts of this site, including calls to action, text placement, images and other information. Sales Tax ;Service
Tax. If you purchase any Experiences, you will be responsible for paying any applicable sales tax and service
tax.
3. In case of damage or loss to/of any person or material property during the event organized by the
company, Party And Props won’t be responsible.
4. In case of damage or loss of/due to Add-ons (included in the package) such as photographs, cake, etc.
provided by Party And Props, an appropriate refund (equivalent to the cost of damaged Add-on) may be
claimed at a later date.
5. Party And Props won’t be responsible for any accident or loss of life occurred during any event organized.
Platform
Content; Intellectual Property; Third Party Links. In addition to making Experiences available, this Platform
also offers information and marketing materials. This Platform also offers information, both directly and
through indirect links to third-party websites. Party And Props does not always create the information
offered on this Platform; instead, the information is often gathered from other sources. To the extent that
Party And Props does create the content on this Platform, such content is protected by intellectual property
laws of the Indian, foreign nations, and international bodies. Unauthorized use of the material may violate
copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Platform is
for personal, non-commercial use. Any links to third-party websites are Party And Props provided solely as a
convenience to you. Party And Props does not endorse the contents on any such third-party websites. Party
And Props is not responsible for the content of or any damage that may result from your access to or reliance
on these third-party websites. If you link to third-party websites, you do so at your own risk. Use of Platform;
Party And Props is not responsible for any damages resulting from the use of this Platform by anyone. You
will not use the Platform for illegal purposes. You will (1) abide by all applicable local, state, national, and
international laws and regulations in your use of the Platform (including laws regarding intellectual property),
(2) not interfere with or disrupt the use and enjoyment of the Platform by other users, (3) not resell material
on the Platform, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or
any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the
Platform License. By using this Platform, you are granted a limited, non-exclusive, non-transferable right to
use the content and materials on the Platform in connection with your normal, non-commercial, use of the
Platform. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or
information without express written authorization from Party And Props or the applicable third party (if third
party content is at issue). Posting. By posting, storing, or transmitting any content on the Platform, you
hereby grant Party And Props a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and
license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and
assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Party
And Props does not have the ability to control the nature of the user-generated content offered through the
Platform. You are solely responsible for your interactions with other users of the Platform and any content
you post. Party And Props is not liable for any damage or harm resulting from any posts by or interactions
between users. Party And Props reserves the right, but has no obligation, to monitor interactions between
and among users of the Platform and to remove any content Party And Props allow objectionable, at its sole
attention. User Accounts; Promotions. Party And Props reserves the right to collect user data including
name, contact information, location-based information provided by telecommunication companies or
personal devices and other details to facilitate Experiences or use of the Platform. All information collected
from the user are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to
automated termination of your services or the use of the platform without prior notice. Your accounts
bearing contact number and email IDs are created and owned by Party And Props. Any promotional
discounts, offers, and reward point accumulated can be revoked without prior notice in the event of
suspicious account activity or your mollified intent. In the case the Platform is unable to establish your unique
identity against a valid mobile number or e-mail ID, your account shall be indefinitely suspended and Party
And Props does not have the liability to share any account information whatsoever. Experiences. The
Company shall be entitled at any time without giving any reason to terminate the booking of your
Experience(s). Further, Party And Props encourages all its customers to take full responsibility for his/her
items. In the case of lost items during an Experience, Party And Props will try to locate the items on a “besteffort” basis but is not responsible for the same in the case of loss or damage to the same. Payment. Using
any of the payment method/s on the Platform, Party And Props will not be responsible or assume any
liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: lack of
authorization for any transaction/s, or exceeding the limit mutually agreed by You and between “Bank/s”, or
any payment issues arising out of the transaction, or decline of transaction for any other reasons. By making
the Payment to Party And Props, you understand that Party And Props is neither a banking nor financial
service, but only a facilitator providing electronic, automated online payments. Through providing payment
facility, Party And Props is not assuming any fiduciary responsibility or acting as trustee for the concerned
transaction.
Disclaimer of Warranties
Your use of this platform and/or experiences are at your sole risk. The platform and experiences are offered
on an “as-is” and “as-available” basis. Party And Props expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular
purpose and no infringement with respect to the experiences or platform content, or any reliance upon or
use of the platform content or experiences. (including trial experiences) without limiting the generality of the
foregoing, Party And Props makes no warranty: that the information provided on this platform is accurate,
reliable, complete, or timely. That the links to third-party websites are to information that is accurate,
reliable, complete, or timely. No advice or information, whether oral or written, obtained by you from this
platform will create any warranty not expressly stated herein. As to the quality of the experiences or
unintended effects of or accidents during the experiences. Regarding any experiences purchased or obtained
through the platform. Some jurisdictions do not allow the exclusion of certain warranties, so some of the
above exclusions may not apply to you.
Limitation of Liability
Party And Props entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the
platform content and experiences and/or for any breach of this agreement is solely limited to the
commission earned by the platform, less shipping, and handling, for experiences purchased via the platform.
Commission earned is the difference between the amount you paid, less the amount Party And Props owes
or paid to the vendor or service provider who provided or facilitated the experience. We will not be liable for
any direct, indirect, incidental, special or consequential damages in connection with this agreement or the
experiences in any manner, including liabilities resulting from (1) the use or the inability to use the platform
content or experiences; (2) the cost of procuring substitute experiences or content; (3) any experiences
purchased or obtained or transactions entered into through the platform; or (4) any lost profits you allege.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages
so some of the above limitations may not apply to you.
Indemnification
You will release, indemnify, defend and hold harmless Party And Props, and any of its contractors, agents,
employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs
and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out
of(1) this Agreement or the breach of your warranties, representations and obligations under this
Agreement;(2) the Platform content or your use of the Platform content; (3) the Experiences or your use of
the Experiences(including Trial Experiences); (4) any intellectual property or other proprietary right of any
person or entity;(5) your violation of any provision of this Agreement; or (6) any information or data you
supplied to Party And Props. When Party And Props is threatened with suit by a third party, it may seek
written assurances from you concerning your promise to indemnify; your failure to provide such assurances
may be considered by Party And Props to be a material breach of this Agreement. Party And Props will have
the right to participate in any defense by you of a third-party claim related to your use of any of the Platform
content or Experiences, with counsel of our choice at its expense. We will reasonably cooperate in any
defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend
Party And Props against any claim, but you must receive prior written consent regarding any related
settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your
use of the Platform or Experiences.
Privacy
Party And Props believes strongly in protecting user privacy and providing you with notice of Party And
Props’s use of data. Please refer to Party And Props privacy policy, incorporated by reference herein that is
posted on the Platform.
Agreement to be bound
By using this Platform or ordering Experiences, you acknowledge that you have read and agree to be bound
by this Agreement and all terms and conditions on this Platform.
General
Party And Props will not be deemed in default here under or held responsible for any interruption or delay in
the performance of its obligations here under due to earthquake, flood, fire, storm, natural disaster, the act
of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Party And Props may at any time, in
its sole attention and without advance notice to you, cease operation of the Platform and distribution of the
Experiences. This comprises the entire agreement between you and Party And Props and overrule any prior
agreements pertaining to the subject matter contained herein. The failure of Party And Props to exercise or
enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of this Agreement remain in full force and effect. Governing Law; India.
This Platform originates from Ahmadabad (GUJARAT). This Agreement will be governed by the laws of the
State of Gujarat without regard to its conflict of law principles to the contrary. Neither you nor Party And
Props will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement,
to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this
Agreement, other than in courts located in State of Gujarat. By using this Platform or ordering Experiences,
you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or
claim to arise under or by reason of this Agreement. You here by waive any right to trial by jury arising out of
this Agreement and any related documents. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Platform or Experiences or this Agreement
must be filed within one (1) year after such claim or cause of action arose or be forever barred. Waiver of
Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to
join claims with those of other in the form of a class action or similar procedural device. Any claims arising
out of, relating to, or connection with this agreement must be asserted individually.
Termination
Party And Props reserves the right to terminate your access to the Platform if it reasonably believes, in its
sole wisdom, that you have breached any of the terms and conditions of this Agreement. Following
termination, you will not be permitted to use the Platform and we may cancel any outstanding orders
without advance notice to you. When your access to the Platform is terminated, Party And Props reserves the
right to exercise whatever it allow necessary to prevent unauthorized access to the Platform. This Agreement
will survive indefinitely unless and until Party And Props chooses, in its sole attention and without advance to
you, to terminate it. Party And Props makes no representation that the Platform or Experiences are
appropriate or available for use in locations outside India. Users who access the Platform from outside India
do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local
laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. Party And
Props may assign its rights and obligations under this Agreement in its sole attention and without advance
notice to you. By using this platform or ordering experiences from this platform you agree to be bound by all
of the terms and conditions of this agreement.

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