Terms of Services
The tenorhut.com website is an online based event management portal owned and operated by the Tenor Hut Private Ltd. (“the service provider”) itself. Through the Website and through other support systems including phone lines, Tenor Hut Private Ltd. shall provide you (“User”) detailed information and registration services for events that are happening throughout India (“Service”), as more particularly described and defined in the terms of service (“TOS”) relating to such Service, This Service may be availed by the Users.
Acceptance of Terms
This User Agreement (“Agreement”) details out the terms and conditions on which Tenor Hut Private Ltd. shall provide the Services to the user through the Website. In addition to this Agreement and depending upon the services chosen by the User, the User shall be required to read and accept the the TOS specified separately for such Service, which may be updated and modified by the Service provider on need. Such TOS shall be regarded to be a part of this Agreement and in the event of a conflict between such TOS and Agreement, the terms of this Agreement shall be prevailed.
Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the clearance of doubts if any, it is clarified that the use of the Website by the user constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS.
Additionally, the Service Provider (eg: a particular event organizer) may provide terms and guidelines that govern particular features, offers or the functioning rules and policies applicable to each Service (eg: the particular event). The User shall be responsible for ensuring compliance with the terms and guidelines or functioning rules and policies of the Service Provider with whom the User wants to deal with, including terms and conditions set forth in a Service Provider. In the scenario where any of the terms,conditions or notices contained in this Agreement or TOS conflict with the additional/ other terms and guidelines specified by the Service Provider, then the latter terms/ guidelines shall be considered valid.
Modification of Terms
The right to change the terms, conditions and notices under which the Services are offered through the Website are reserved only to Tenor Hut Private Ltd., including but not limited to the charges/ fair for the Services provided through the Website. The user shall be responsible for regularly reviewing the terms and conditions.
Privacy Policy
The User hereby consents, expresses and agrees that he/ she has read fully and completely understands the Privacy Policy of Tenor Hut Private Ltd. in reference to the Website. The User further agrees that the terms and contents of such Privacy Policy are acceptable to him/ her.
User’s Obligation
On account of use of the Website, the User represents and confirms that he/ she is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or any other applicable law.
The User also understands that the services may include certain communications from the Service Provider as service announcements and administrative messages. The user understands and agrees that the services are provided on an “as is” basis and that the Service Provider does not assume any responsibility for deletions, misdelivery or failure to store any user communications or personalised settings.
Registration of the User in the Website is not mandatory. If the User chooses to register in the Website, then upon the completion of the registration process, he/she shall receive a unique ID and password. The User agrees and account to be responsible for maintaining the integrity of the password and user id, and shall be fully responsible for all the activities that is undertaken using this password and user id. Further, the User agrees not to use any other party’s user id and password for any activities whatsoever without proper authorization from that party. The user is hold accountable for the security of the User’s password and also for all the transactions that has undertaken using this user password through our Website/ service. The password entered by the user is transmitted in a one-way encrypted form to the Service Provider’s database and stored as such. Thus the password is highly secure and not even known to the Service Provider. You confirm that you are the authorised holder of the credit card or the original account holder used in the transactions you make using the Service Provider services. The Service Provider will not be accountable for any financial loss, inconvenience, mental agony caused due to the misuse of your (“User”) ID/ password/ credit card number/ account details for using the Service Provider services.
The user agrees and undertakes to immediately notify the Service Provider of any fraud activities that has taken place using the user’s password or user ID and to ensure that the user logs off at the end of each session in the Website. The Service Provider shall not be responsible for any, direct or indirect loss or damage arising out of the user’s failure to comply with this requirement.
The User also agrees to: (a)render true, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Website; and (b)maintain and promptly update the Registration Data to keep it accurate, precise, current and complete.
If the User provides any information that is inaccurate, imprecise, not current or incomplete, The Service Provider has the right to suspend or terminate the User’s registration and refuse any or all current or future use of the Website and/ or any Services.
In addition, The User grants the permission to the Service Provider to disclose Registration Data to other third parties to an extent up to necessary for the purpose of carrying out the desired Services.
Limited License and Use of the Service
Users are granted a non-exclusive, non transferable limited license to access and use the Service.
Tenor hut does not review or pre-screen the contents of electronic data uploaded or posted to the Service (“content”) by Authorised Users and Tenor Hut claims no intellectual property rights over the contents.
Users agree not to replicate, duplicate, copy, sell, resell or exploit access to the Service, use of the Service fully or any portion of the Service, including but not limited to the HTML, Cascading Style Sheet (“CSS”) or any visual design elements without the express written permission from Tenor Hut.
Users agree not to modify, change, reverse engineer, adapt or otherwise tamper with the Service or modify any other website so as to falsely indicate that they are associated with the Service, Tenor Hut or any other software or service provided by the Tenor hut. All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited. For the removal of doubt, it is clarified that ‘screen scraping’, data extraction or other manual or automated methods of copying the event listings, guru listings or product listings from Tenor hut is not permitted without a separate explicit written agreement with Tenor Hut.
Users agree that they will not deliberately use the service in any matter that may contravene copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or in violation of the terms of this Agreement.
Users agree that they will not deliberately use the Service to upload, post, host, or transmit unsolicited bulk email “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
As a condition of the use of the Website, the user affirms that they will not take part in any activities with the usage of Website that shall be illegal or unlawful under any law for the time being in force or prohibited by this Agreement and/or the TOS including both specific and implied.
Additionally the user affirms that the Website shall not be used in any manner, which could damage, disable, overburden or impair or interfere with any other party’s use and/or enjoyment of the Website.
The User shall refrain from acquiring/ extracting or attempting to acquire/ extract any information or materials by any means, not intentionally made available or provided for through the Website.
When using the Services the User will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- upload files that contain software or other materials protected by intellectual property unless the User owns or controls the rights thereto or have acquired all necessary consents;
- upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may hinder the proper functioning of the Website or another’s computer systems;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file uploaded by another user that the user know or reasonably should know, cannot be legally distributed in such manner;
- falsify or delete any author attribution, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- breach any code of conduct or other guidelines, which may be applicable for or to any particular feature;
- violate any applicable laws or regulations for the time being in force in or outside India;and violate any of the terms and conditions for the use of the Website contained elsewhere herein.
The Service Provider has no obligation to monitor the communications while using our Services. However, the service provider reserves the right to review materials uploaded through communication service and to remove any materials in sole discretion. The Service Provider reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Service Provider reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to upload or to remove any information or materials, in whole or in part, in the Service Provider’s sole discretion.
The Service Provider does not control or endorse the content, messages or information found in any communication service and, therefore, The Service Provider specifically disclaims any liability or responsibility whatsoever with regard to the services and any actions resulting from the user’s participation in any of our services.
Materials uploaded to the Website may be subjected to upload limitations on usage, reproduction or/ and dissemination. User is held accountable for keeping himself updated of and adhering to such limitations if they download the materials.
Except for the non-exclusive license granted in accordance with this Agreement, User acknowledges and agrees that all ownership, license, intellectual properties and other rights and interests in and to the Service shall remain solely with Tenor Hut.
Users who configure the Service to share or make available certain content to the public, are regarded to acknowledge and agree that everyone will have access to the content (“Public Content”). Tenor Hut reserves the right, at any time, in its sole discretion, to take any action regarded as necessary with respect to public content that violates the terms of this Agreement, including, but not limited to, removal of such Public Content.
Tenor Hut reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, except that Tenor Hut shall provide user a 30-days’ notice of any modification that materially reduces the functionality of the Service. Continued usage of the Service following any modification constitutes User acceptance of the modification.
Tenor Hut reserves the right to temporarily suspend access to the Service for operational purposes, including but not limited to, maintenance, repairs or installation of upgrades, and will provide no less than two business days’ notice prior to any such suspension. Such notice shall be provided to you in advance through email. Further, Tenor Hut shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the User.
User grants Tenor Hut royalty free right during User’s use of the Service, to use the confidential information for the sole purpose of performing Tenor Hut’s services this Agreement in accordance with the terms of this Agreement. Such rights shall include permission for Tenor Hut to generate and publish aggregate, reports on system usage and content trends and type, provided that they do not conflict with the Privacy Policy.
Limited reproduction and copying (fair use) of the content of the Website is permitted, provided that the Tenor Hut name is as stated in the source.
Security and Access
Tenor Hut is responsible for providing a secure method of authentication and accessing its Service. Tenor Hut will provide mechanisms that:
(i) allow for user password management;
(ii) transmit passwords in a secure format;
(iii) protect passwords entered for purposes of gaining access to the Service by utilizing code that follows excellent password management practices.
Subscriber will implement policies and procedures to prevent unauthorized use of usernames and passwords, and will promptly notify Tenor Hut upon suspicion that a username and password has been lost, stolen, compromised, or misused.
At all times, Tenor Hut and any third party vendors and hosting partners it utilizes to provide the service, will: (a) use reasonable information security practices for transmitting and storing your content, adhering to industry standards; (b) employ reasonable information security practices with respect to network security techniques including but not limited to, firewalls, intrusion, detection, and authentication protocols,vulnerability and patch management; (c) ensure its host facilities maintain industry standards for security and privacy; and
In the event of a Security Breach, Tenor Hut shall (a) cooperate with Subscriber to identify the cause of the breach and to identify any affected content; (b) assist and cooperate with subscriber in investigating and preventing the recurrence of the Security Breach; (c) assist and cooperate with Subscriber in any litigation or investigation against third parties that Subscriber undertake to protect the security and integrity of content; and (d) mitigate any harmful effect of the Security Breach.
Fees Payment and Fees Changes
Tenor Hut Private Ltd reserves the right to charge fees for any of the features of tenurhut.com including fees for listing fees and transactions based on criteria published by tenorhut.com. Tenor Hut further reserves the right to alter any or all fees from time to time, without notice.
The User shall be liable to pay all applicable charges, fees, duties, taxes, levies, and assessments for availing the services.
Disclaimer of Warranties/ Limitation of Liability
The Service Provider has endeavored to ensure that all the information on the Website is correct, but the Service Provider neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information it possess. The Service Provider makes no warranty, express or implied, concerning the website and/ or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information within the Website.
Since the Service Provider acts only as a booking agent, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user, regarding the standards of services provided by the service providers. In no circumstances shall the Service Provider be held liable for the services provided by the service provider.
Although the Service Provider makes reasonable commercial efforts to ensure that the description and content in the TOS and on each page of the Website is correct, however it does not take responsibility for changes that occured due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also,the Service Provider is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by.
The Service Provider does not endorse any advertiser on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
In no event shall The Service Provider be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; c) unauthorised access to or alteration of the user’s transmissions or data; (d) any other matter relating to the services; any other matter relating to the services, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. Neither shall the Service Provider be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products,services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Service Provider shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond The Service Provider’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/ or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law, the maximum liability on part of the Service Provider arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
Links to Third-Parties
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Service Provider or the Website and The Service Provider is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Service Provider is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by The Service Provider or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
The Service Provider is not responsible for any errors, omissions or representation on any Linked Site. The Service Provider does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Termination/ Access Restriction
The Service Provider reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
Without prejudice to other remedies available to The Service Provider under this agreement, the TOS or under applicable law, The Service Provider may limit the user’s activity, or end the user’s actions, immediately temporarily/ indefinitely suspend or terminate the user’s registration, and/ or refuse to provide the user with access to the website if: (a) the user is in breach of this agreement, the TOS and/or the documents it incorporates by reference; (b) The Service Provider is unable to verify or authenticate any information provided by the user; or (c) The Service Provider believes that the user’s actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/ or The Service Provider.
The Service Provider may at any time in its sole discretion reinstate suspended users. Once the user has been indefinitely suspended, the user may not register or attempt to register with The Service Provider or use the website in any manner whatsoever until such time that the user is reinstated by The Service Provider notwithstanding the foregoing, if the user violates the agreement, the TOS or the documents it incorporates by reference, The Service Provider reserves the right to recover any amounts due and owing by the user to The Service Provider and/ or the service provider and to take strict legal action available to The Service Provider.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and The Service Provider and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes The Service Provider and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed The Service Provider and its agents as their agent for this purpose.
Purchase Methods and Conditions
The Service Provider accepts Visa, MasterCard, all Indian credit/ debit cards and Netbanking. Payment could also be done through NEFT, IMPS, RTGS and UPI. Other payment methods may be added from time to time.
The Service Provider acts as the agent to those who are promoting the events for which you purchase tickets (“Event Organizer”). When you purchase a ticket for an event, The Service Provider will be handling the transaction and collecting payment for the event organizer.
The Service Provider sells tickets on behalf of Event organizers and does not control the inventory or its availability and pricing.
Internet handling fees and order processing fees for tickets purchased on the website are subjected to a per ticket internet handling fee and a non-refundable per order processing fee.
Amount of tickets per Customer or “Ticket Limits” when purchasing tickets from The Service Provider, you are limited to a specified number of tickets for each event.
Order confirmation; if you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm the same from your booking history or with the Customer Service Department whether or not your order has been placed. Only you shall be aware of any such problems that may occur during the purchase process. The Service Provider will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Refunds and Exchanges; before purchasing tickets, carefully review your booking details. The Service Provider prohibits exchanges or refunds after a ticket has been purchased including but not limited to the reasons including lost, stolen, damaged or destroyed tickets.
Billing Information Verification; Some orders shall be processed only after a billing address or other billing information has been verified. Occasionally, we receive incorrect or invalid billing or credit card account information for a ticket order that may cause the delay for the processing and delivery. In these cases, The Service Provider is unable to reach you after its initial attempt, The Service Provider may cancel your order and may sell your tickets to another customer.
Delivery; The Service Provider offers multiple delivery options. The options may vary for different events. Currently the following delivery options are available:
i) email confirmation: Your booking confirmation will be sent via an email. This confirmation needs to be printed and shown at the ticket counter to get a physical ticket.
ii) SMS confirmation: Your booking confirmation will be sent via an SMS. The SMS details need to be shown at the ticket counter to get a physical ticket. In case you experience any difficulties, please contact/ call our help-desk.
The Service Provider may choose to send the physical tickets for the event.
You will need to produce the credit/ debit card or government/ college issued ID card used to purchase the tickets for picking up the tickets at the venue (depending on the event organisers choice). In case if the credit/debit card holder user id not picking up the tickets, an authorisation with the photocopy of this credit/ debit card signed by the credit/ debit card holder needs to be produced at the time of picking up the tickets. Please note that the signature on the card must match the signature used for authorization. Physical tickets will be delivered to your address as confirmed on the website. The organizer may choose to admit after verifying the identity via other means (Eg: Original of government issued ID card).
Pricing and Other Errors
If the amount you pay for a ticket is incorrect due to either because of an error in a price posted on this website or as communicated to you, you are able to order a ticket before its scheduled on-sale, pre-sale date. Or if you were about to order a ticket that was not supposed to have been released for sale, then The Service Provider shall have the right to cancel that ticket (or the order for that ticket) and refund you the complete amount that you have paid. This will apply regardless of whether because of human error or a transactional malfunction of this website.
Tenor Hut charges : 2% (Processing Fees + Gateway Charges) excluding taxes.
Gateway charges, mentioned above, may vary (including tax) if transaction is done via cards issued by a foreign (non-Indian) bank.
Cancelled/ Postponed Events
At any time,if the event is cancelled, postponed, suspended or delayed for any reason, The Service Provider will not make any refunds nor will they be liable for any loss caused by such cancellation, postponement, suspension or delay.
Booking Refund/ Cancellation
The refund policy is determined by the event organizer and can vary from Event to Event. The Service Provider will not make any refunds nor will they be liable for any consequential loss, damage or additional expense whatsoever. We would recommend users to read Terms & Conditions of every Event before registering for an event or booking the tickets.
Customer Care
If you need any help regarding your order or any assistance/ issues, you can reach out to our customer service department at support@tenorhut.com. We are always glad to serve you.
Other General Terms
Read through our Terms and Conditions carefully. Accepting the Terms and Conditions while booking a ticket for an event from our website creates a valid contract between you and us.
Only the booking IDs generated through tenorhut.com shall be considered as a valid booking ID by us.
Ensure that the personal details entered including the card details are true, accurate and valid. Booking IDs once generated cannot be cancelled/ refunded/ exchanged.
Ensure the booking IDs are kept safe and are always in you or such person’s possession who is considered as your authorized/ rightful holder of the same. Anybody in the possession of the Booking ID shall be entitled to get the same exchanged for a valid Ticket without further security checks on the title of such holder.
Ensure that the Booking IDs are not compromised or resold.
Do not entertain any person who sells printouts or SMS of Booking IDs generated by us. If you come across any person undertaking such activity, immediately report the same to the local police station and us to via Customer Service.
We never sell a ticket at a higher price than the price mentioned in our website.
We will never ask for your password over the phone or through any means except through the transaction page on the website when you book online.
Do not encourage any persons posing as our authorised representative/ agent trying to sell you special offer voucher/ gift vouchers/ physically printed booking IDs/ winpins/ voucher codes etc.
Booking IDs generated entitled the holder thereof to a valid ticket. It is your responsibility to ensure that the holder is the rightful holder of the same. Do not compromise or misuse the Booking IDs.
Guru
www.tenorhut.com (the “Site”) welcomes you to the abode of opportunities for professionals encompassing both independent and amateur public speakers and trainers. Through this Site,you may register as a Speaker, Trainer, Webinar Host, Moderator or Speaker Bureau or Agency or browse our speakers and schedule a Speaker, Trainer, Webinar Host, Moderator or Speaker Bureau or Agency for your event (collectively, the foregoing is referred to in this Agreement as the “Services” and the term “Speaker” collectively includes Trainers, Moderators, Webinar Hosts, Pro Bono or Volunteer Speakers, Speaker Bureaus and Agencies, and similar performances or performers). The terms “you” or “your” refer to the individual accessing the Site and/or using the Services as well as the entity or business that the individual is representing. To use the Services, you must solely agree to the terms of this Agreement. You acknowledge your acceptance of this Agreement, our Privacy Policy and any other terms posted on the Site.
The company (Tenor hut) solely reserves the right to amend this Agreement at any time as provided in this Agreement. You may disagree with the changes made by us by halting the usage of our provided services or by simply terminating your account, if applicable. If you have any queries or concerns regarding the Agreement or would like to know more about the company procedures, please feel free to contact us. If you disagree with some or all of the provisions of this Agreement, do not use the Services.
1.Usage of the site and the services.
1.1 In order to be eligible for using the services,you may have to register/login to the site. You may be asked to provide your personal information (like your name,address,email address and other contact details) as well as other basic information regarding your business including the title under which you do business, while you register/login to the site. You agree that all information you provided is done at your own discretion and that you are not obligated to use the Services or provide any particular piece of information. You agree that all information provided by you is correct, accurate and up to date at any circumstance. Company may reject any potential subscription for any reason at Company’s sole discretion.
1.2 You agree that you are legal (of age) to form a binding contract. You must be at least 18years old to be eligible to subscribe. You also represent and warrant that you are authorized to act on behalf of the business that you are representing in subscribing to the Services. This includes, without limitation, having the authority to authorize the method of payment and charges incurred to participate in the Services.
1.3 Certain topics and businesses are strictly prohibited from being a part of our services. These include businesses and topics that discuss the following types of transactions:
• Tobacco, e-cigarette sales, or related items
• Weapons and munitions
• Sexually-oriented or pornographic product or services
• Marijuana dispensaries and related businesses such as “head” shops
• Door-to-door sales
• Age restricted products or services
• Bail Bonds
• Bankruptcy lawyers
• Check cashing, wire transfers or money orders
• Counterfeit products
• Firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counseling, repair or protection, or real estate purchases with no money down
• Gambling
• Illegal products or services
• Multi-level marketing or pyramid schemes
• Timeshares
• Any product or service that infringes upon the copyright, trademark, or trade secrets of a third party.
2.Content
2.1 You understand that all information (such as data files, written text, computer software,music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from whom such content has originated. All such information is referred to herein as the “Content” and includes, but is not limited to, Content that you Post to your speaker profile or through our message boards, blogs or other messaging/ communication system. “Post”, “Posted” or “Posting” means to upload, post, transmit, share, store, link to or otherwise make available on or through the Services.
2.2 You should be aware that some Content presented to you may be protected by intellectual property rights which are owned by those who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on Content (either in whole or in part) that you do not own or have permission to use and/or modify. Additionally, Content you Post could be seen by the general public. You should not Post any information that you do not want the general public to know including, without limitation, personally identifiable information.
2.3 We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
2.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. We may remove or edit any Content at any time and for any reason and/ or ban users from the Site at any time and for any reason.
2.5 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Content that you Post while using the Services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
2.6 When i) using the Services as a speaker; or ii) using the Services as an individual or entity looking for the services of a speaker or contacting a speaker; or iii) using the forum, bulletin boards, messaging system or other method of communication; or iv) using the Site and/ or Services in any other way; you represent and warrant that you will not:
• Discriminate against, race,defame, abuse, harass, sexually harass or threaten others
• SPAM other members by sending them commercial messages unrelated to the services the Speaker offers
• Knowingly Post fraudulent material, stories or misrepresent yourself in any way
• Make any bigoted, hateful, or racially or sexually offensive statements
• Advocate illegal activity or discuss illegal activities with the intent to commit them
• Post, link to or distribute any material that infringes and/or violates any right of a third party or any law
• Post, link to, discuss or distribute any sexually explicit, pornographic, vulgar, obscene, discourteous, or indecent language or images
• Post, link to or distribute any software or other materials that contain a virus or other harmful component
• Post or distribute material that exploits children
• Post Content that is copyrighted and claim it as your own
• Post any Content that you do not own or have the right to Post
• Register for more than one user account without our written permission
• Register for a user account that is not in your name
• Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
• Post Content that is considered to be extremist such as pseudo-science or conspiracy theories
2.7 We are not responsible for the content or accuracy of any information Posted by users, and shall not be responsible for any transactions, whether paid or unpaid, made based on such information.
2.8 All illegal activities will be reported to appropriate authorities and will result in termination of your account.
2.9 Speakers are responsible for Posting their own Content. In addition to the other obligations in this Agreement, as a speaker, you agree that all Content that you post is truthful. You may not Post anything to create an impression that you know is incorrect, misleading, or deceptive. All Content you post must comply with all applicable laws, rules and regulations and be owned by you or you have the right to Post it.
2.10 You represent and warrant that you have the full legal right and title, or otherwise have all rights necessary, to all Content that you Post. You hereby grant to Company a worldwide, perpetual, fully paid license, to use all Content provided by you for the purposes of hosting such Content as part of the Services.
2.11 You may not distribute, transmit, copy, download or otherwise make available any Content or other material from the Site, including any text, sound or images, for public or commercial or any other use, without the prior written permission of the Company. You also may not distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any Content or other material contained on the Site without our prior written permission.
3. Your Obligations
3.1 You agree to use the Services only for purposes that are permitted by (a) this Agreement;and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
3.2 You agree not to access (or attempt to access) any of the Services by any means other than through the web site or our applications and, if required, through logging in with your user name and password as intended through your use of the Services. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including but not limited to use of scripts or web crawlers).
3.3 You agree that you will not engage in any activity that interferes with or disrupts the Services(or the servers and networks which may be connected to the Services).
3.4 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services or any portion thereof.
3.5 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences(including any loss or damage which we may suffer) of any such breach.
3.6 You specifically acknowledge and agree that Company is only a conduit that allows for individuals and businesses to browse and hire Speakers for their events. Company takes no responsibility and assumes no liability for any actions, non-actions, speeches or content attributable to the speaker. AS A SPEAKER, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF AND PERFORMANCE OF YOUR SPEECH. AS A SPEAKER OR AS A USER HIRING A SPEAKER, YOU AGREE THAT COMPANY HAS NO LIABILITY OR OBLIGATION TO YOU REGARDING THE QUALITY OF A SPEAKERS SPEECH OR THE PERFORMANCE OR NON-PERFORMANCE OF A SPEECH. Users and speakers will work directly together regarding any disputes, issues or disagreements related to the Services. Company is not responsible, and has no obligation to mediate or otherwise intercede in any such disagreement. Company may, but is not obligated to, forward to you any complaints or concerns it receives.
3.7 If the speakers/trainers are found to have failed to attend any of the signed events with the hired agency/ organiser,then the former shall undergo any compensation as per the latter’s discrete decision.
3.8 The hiring agency/organiser should have a transparent communication system with their speakers. Date and time of the events, pricing etc should be clarified with the speakers. In case of any changes held to the same,should be discussed with the speakers on prior.
4.Company Services
4.1 The Services are designed to help Speakers, and individuals or businesses looking to hire Speakers, connect. To that end, Company provides online software (“Software”) to enable you to use the Service. The Software may provide a variety of ways to help Speakers and interested users connect. It is your responsibility to use the Software in compliance with these agreements.
4.2 Company hereby grants you a limited, restricted license to use the Software solely in connection with the Services. You may not use the Software for any other purpose. You may not: (i) modify, disassemble, decompile or reverse engineer the Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer or allow access to the Software to any third party or use the Software for the benefit of or to provide similar services for any third party; (iii) make any copies of the Software; or (v) delete the copyright and other proprietary rights or notices on the Software.
4.3 Company makes no representations that the Service is appropriate or available for use in all locations. Those who access or use the Service do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including, but not limited to, privacy and export and import regulations.
5.Packages and pricing
5.1 Information regarding the different subscription packages that may be available are posted on the Company website. Subscription offerings and pricing is subject to change at any time at Company’s discretion. Taxes, as required by law, are in addition to all prices listed, unless otherwise indicated on the website.
5.2 Company may add new features for additional fees, or amend the fees for existing Services,at any time at its sole discretion.
5.3 Company may offer you free upgrades to its premium packages for a limited period of time(e.g. 1 month, 6 months or 1 year) as part of its launch strategy or marketing campaigns. Company will inform you before the expiry of such upgrade period about downgrading the account or the possibility to keep the premium package for payment as indicated on the website. Company shall not be liable to keep the free premium package beyond the period offered in the promotional campaign.
5.4 You represent and warrant that you are the rightful owner of, or are authorized to use, the credit card utilized in connection with any transaction and you authorize the Company to charge the credit card for all Services. Company does not keep credit card information on Company’s servers.
5.5 Company will provide a seven (7) business day grace period to bring your account up to date if payments fail or are rejected before suspending your account or making it hidden from the public.
5.6 The trainers/ speakers should be clear about their pricing with the organisers/ agents/ bureaus who are intended to choose them. The company shall not be held responsible for the same.
6.Account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of your login ID and any passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. You must receive permission from the owner of the account to log in to the Services using another person’s account. You can change your password at any time.
6.2 If you become aware of any unauthorized use of your password or of your account, you agree to change your password to prevent further unauthorized access, and notify us immediately.
6.3 THE UNAUTHORIZED USE OF YOUR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO US AND/OR THIRD PARTIES. NEITHER US NOR ANY OF OUR OWNERS, EMPLOYEES, AGENTS OR AFFILIATES WILL HAVE ANY LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSACTION MADE USING YOUR PASSWORD THAT OCCURS BEFORE YOU HAVE NOTIFIED US OF THE UNAUTHORIZED USE OF YOUR PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE.
6.4 We may, without notice, suspend or cancel your account at any time and for any reason including without limitation, if we believe, in our sole discretion, that your password is being used without your authorization or otherwise in a fraudulent manner.
7 .Termination and Suspension
7.1 Either of the parties can terminate this Agreement at any cause of time as per their own convenience. Termination does not relieve you from your obligations as defined in this Agreement. You may also choose to suspend your account by making it “hidden” from thepublic, without terminating the Agreement altogether. For accounts that are suspended for a continuous period of 6 months, however, the Company may choose, at its sole discretion, to terminate the Agreement and proceed as per Section 7.2 below.
7.2 Upon termination for any reason, the Company may, but is not obligated to, delete all of your information and the Content you Posted. Company shall not be liable to you for compensation, reimbursement, or damages in connection with your use of the Service, or any termination or suspension of the Service or deletion of your information or other Content. You will lose access to your account upon termination and any data or other Content may not be able to be recovered once your account is terminated and the Content and/or other data is deleted. Re-subscribing at a later date will NOT result in the Content and/or data being restored.
7.3 The company has the right to take action and terminate any of the Trainer or the organisation if there is negative feedback from the audience regarding them.
7.3 There is no refund for terminations or portions of unused periods of time previously paid for unless the Company terminates your account for reasons other than as set forth below in Section 7.4.
7.4 Company may terminate or restrict your use of the Service, without any refund or other compensation or notice if you are, or if Company suspects that you are: (i) in violation of any term of this Agreement, especially, but not limited to, Sections 1.3 and 2.6 of this Agreement; or(ii) engaged in illegal or improper use of the Service.
7.5 Other than as stated herein and on the Service’s pricing page, PAYMENTS ARE NONREFUNDABLE. Refunds may nevertheless be granted at the sole discretion of the Company.
8.Confidentiality/Publicity
8.1 You agree to allow the Company to list your business as a Speaker or Speaker Bureau or Agency or Organizer, including, but not limited to, listing your name, photo and/or the name of your business, and/or any other information you made publicly available on your Speaker profile, to be displayed on Company’s web site, other social media platforms including instagram. Unless you opt out via your Speaker profile’s settings or by an email request,Company can use the above content in its advertising material and promotional messages through its partners and 3rd parties.
8.2 If You are given or otherwise have access to consumers names, IP address, email address and/or other contact information, you agree to keep such information confidential and to not use the name, email address or other contact information for any purpose other than that contemplated by this Agreement. You agree to abide by all laws including, but not limited to, all privacy laws.
9. Relationship of the Parties
This Agreement does not create any joint venture or partnership between the speakers or users and company, each attribute behaves as an independent entity. The relationship of parties are much like that of an independent contractor. Neither you nor Company is empowered to bind or commit the other to any other contract or other obligation. You and Company agree that there are no third party beneficiaries to this Agreement.
10. Disclaimer
COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR LOST DATA, OR FOR ANY DAMAGE RELATED TO THE USE OF, OR INABILITY TO USE, THE WEB SITE OR THE SERVICES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. COMPANY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS SHALL BE FOR THOSE DIRECT DAMAGES SUFFERED BY YOU AND SOLELY DUE TO COMPANY’S PERFORMANCE UNDER THIS AGREEMENT AND SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO COMPANY FOR THE SERVICES DIRECTLY RELATED TO THE DAMAGES SUFFERED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this Agreement may not apply to you.
11.Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS PARTNERS AND LICENSORS, DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT: I) THAT THE CONTENT (WHETHER POSTED OR STATED BY US, SPEAKER OR ANYONE ELSE) IS ACCURATE, RELIABLE OR CORRECT; or II) THAT THE SITE, SERVICES OR SPEAKERS WILL MEET YOUR REQUIREMENTS; or III) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; or IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; or V) THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
12. Insurance
You agree to defend,compensate and hold harmless Company and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, investors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees). This insurance clause does not apply until any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) are proven in a court of law.
