Xperience It Events Private LimitedTerms & Conditions Agreement

Please read this terms of service agreement carefully. By accessing the Site / ordering product(s)/service(s) or services at/from https://xperienceit.in which also comprises of the mobile site, applications for iOS, Android, Windows Operating System or the social media pages owned by Xperience It Events Pvt. Ltd. (all together referred to as “Site” henceforth), you are agreeing to be bound by all of these terms of service mentioned in the document, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Site are protected by applicable copyright and trademark law.

This Terms of Service Agreement (the "agreement")governs your use of this site of Xperience It Events Pvt. Ltd. ("business name") offer of product(s)/service(s) for purchase on this site, or your purchase of product(s)/service(s) or services available on this site. This agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Xperience It Events Pvt. Ltd. reserves the right to change or revise the terms and conditions of this agreement at any time by posting any changes or a revised agreement on this Site. Xperience It Events Pvt.Ltd. will alert you that changes or revisions have been made by indicating in this agreement the date it was last revised. The changed or revised agreement will be effective immediately after it is posted on this Site. Your use of the Site following the posting any such changes or of a revised agreement will constitute your acceptance of any such changes or revisions. Xperience It Events Pvt. Ltd. encourages you to review this agreement whenever you visit the Site to make sure that you understand the terms and conditions governing use of the Site. This agreement does not alter in any way the terms or conditions of any other written agreement you may have with Xperience It Events Pvt. Ltd. for other product(s)/service(s) or services. If you do not agree to this agreement(including any referenced policies or guidelines), please immediately terminate your use of the Site. If you would like to print this agreement, please click the print button on your browser toolbar.

Section: 1

1.0       For flowers, sweets or other items that are perishable in nature, the delivery would be attempted only once. If the delivery is not executed during that attempt due to incorrect or insufficient address, recipient not at home,address found locked or refusal to accept, the customer shall still be charged for the order.

1.1       In case of customized product(s)/service(s) or experiences, there may be a slight variation from the picture/video shown. We shall, however, ensure our best to keep it as close to the photograph/description as possible.

1.2       The product(s)/service(s) specifications (weight, size, color etc.) Mentioned with the product(s)/service(s) photos is only approximate. There may, hence, be a variation in the pictures and the respective product(s)/service(s). Xperience It Events Pvt. Ltd., in its absolute discretion, may deliver a similar/alternate product(s)/service(s) for reasons or exigencies beyond its control.

1.3       The product(s)/service(s)/services provided on this site are without warranties of any kind either expressed or implied and Xperience It Events Pvt. Ltd.Disclaims all or any of them to the fullest extent. Xperience It Events Pvt.Ltd. Does not warrant that the product(s)/service(s)/services offered will be error-free, or that the defects will be corrected, or that this site or the server that makes it available are or will be free of viruses or other harmful components.

1.4       Under no circumstances whatsoever shall Xperience It Events Pvt. Ltd. Be liable for any loss of data, lost profits or any damages whatsoever including, without limiting, any indirect, special, incidental, consequential or other damages that result from the use of or inability to use the product(s)/service(s)/services offered in the site. Not with standing the for going, in no event shall XperienceIt Events Pvt. Ltd.Be liable to the user for any or all damages, losses, and causes of action (including but not limited to, negligence) or other wise exceeding the amount paid by the user to Xperience It Events Pvt. Ltd. for that specific service/product(s)/service(s).

1.5       In case of miss happening / riots /natural disaster at the place of event / at companies place.

1.6       No refunds and company not liable.

1.7       In case the 3rd party organizer runs away- partial refunds / company not liable -- customer needs to contact 3rd party vendor.

Section: 2 - Use of client images

2.0       Images of clients shared by our partners/vendors may be used for marketing under the implied understanding that the clients have voluntarily allowed the photographs/videos to be taken.However, in case of objections, the images will be removed immediately.

Section: 3- Terms for ‘same day delivery’ feature

3.0       Xperiences ordered through the ‘same day delivery’ feature will be delivered between 6 pm and 11 pm on the chosen date, within 15 kms from Lajpat Nagar Metro Station, New Delhi, India.

3.1       If the person you’ve addressed the surprise to is unavailable at the given address or unreachable at the time of delivery or an incorrect address has been shared,we will attempt to communicate with the receiver to ensure delivery. If the receiver is still unavailable/location is drastically different from the address shared while ordering, then Xperience It Events Pvt. Ltd. cannot assure delivery on the same day.

3.2       While we always try 100% to ensure deliveries on time, there could be delays due to weather, calamities and other unavoidable reasons that are beyond our control.In such cases, your Xperience will be delivered at the earliest.

3.3       The contents of our Site and the Site as a whole are intended solely for your personal and non-commercial use. Any use of our Site and its content for purposes other than personal and non-commercial use is prohibited without the prior written permission of Xperience It Events Pvt. Ltd.You cannot reproduce,publish, display, modify, sell, or distribute any of the materials from Xperience It Events Pvt. Ltd.

3.4       In an effort to provide our customers with the most current information, Xperience It Events Pvt. Ltd. will, from time to time, make changes in the contents and in the product(s)/service(s) or Xperiences described on this site. Prices and the availability of items are subject to change without notice. Any prices use don this site may not be indicative of the actual selling prices in your area.We reserve the right to limit sales, including the right to prohibit sales tore-sellers.

Section: 4- Terms specific to ‘Surprise in The Sky’ Xperience

4.0       Xperience It Events Pvt. Ltd. Or the pilot may, at our or their discretion, cancel your flight for any booked date or alter its time without your consensus, because of matters beyond our or their reasonable control, for example adverse weather conditions, or safety/legal reasons. However, you will be given as much notice of any cancellation or alteration as is possible.

4.1       To the fullest extent permitted by law, we will not be liable in any way(including for breach of contract) for any financial loss, liability, damage,costs or expenses arising directly in the natural and ordinary course or indirectly from or in connection with the surprise sold to you.

4.2       Customers are requested to dress in comfortable casual clothes.

4.3       You must satisfy yourself that you are fit to participate in your flight and that you are not suffering from any illness or other medical condition or disability which might prevent you from participating or might be affected by your participation. You must take appropriate medical advice for this purpose.

4.4       Passengers under the influence of alcohol or other mood altering substances will not be allowed to fly.

4.5       Xperience It Events Pvt. Ltd. Accepts no liability or responsibility for any injury,illness, damage, loss, accident, expense, or any other claim arising from provision of the flight ride, even in circumstances where Xperience It Events Pvt. Ltd. May have negligently breached any duty of care that we may owe or have owed in connection with the provision of this surprise.

Section: 5- Use license

5.0          Permission is granted to temporarily download one copy of the materials (information or software) on Xperience  It Events Pvt. Ltd.'s Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

      1. Modify or copy the materials;
      2. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. Attempt to decompile or reverse engineer any software contained on Xperience It Events Pvt. Ltd.'s Site;
      4. Remove any copyright or other proprietary notations from the materials; or
      5. Transfer the materials to another person or "mirror" the materials on any other server.

5.1          This license shall automatically terminate if you violate any of these restrictions and may be terminated by Xperience It Events Pvt. Ltd. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

5.2       By using this Site,you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Site in connection with your normal,noncommercial, use of the Site. You may not copy, reproduce, transmit, distribute,or create derivative works of such content or information without express written authorization from Xperience It Events Pvt. Ltd. Or the applicable third party (if third party content is at issue).

Section: 6- DISCLAIMER

6.0          The materials on Xperience It Events Pvt. Ltd.'s Site are provided on an 'as is' basis. Xperience It Events Pvt.Ltd. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchant ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

6.1          Further, Xperience It Events Pvt. Ltd.does not warrant or make any representations concerning the accuracy, likely results,or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this site.

6.2          Also refer to the Disclaimer available on the site as a separate page.

Section: 7- Limitations

7.0          In no event shall Xperience It Events Pvt. Ltd. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Xperience It Events Pvt. Ltd.'s Site, even if Xperience It Events Pvt. Ltd. or a Xperience It Events Pvt. Ltd. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Section: 8- Accuracy of materials

8.0          The materials appearing on Xperience It Events Pvt. Ltd. Site could include technical, typographical, or photographic errors. Xperience It Events Pvt. Ltd.does not warrant that any of the materials on its Site are accurate, complete or current. Xperience It Events Pvt. Ltd. may make changes to the materials contained on its Site at any time without notice. However Xperience It Events Pvt. Ltd. does not make any commitment to update the materials.

Section: 9- Links

9.0          Xperience It Events Pvt. Ltd. has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Xperience It Events Pvt. Ltd. of the site. Use of any such linked Site is at the user's own risk.

Section: 10- Modifications

10.0        Xperience It Events Pvt. Ltd. may revise these terms of service for its Site at any time with out notice. By using this Site you are agreeing to be bound by the then current version of these terms of service.

Section: 11- Governing law

11.0        These Terms & Conditions are governed by and construed in accordance with the laws of Delhi and you irrevocably submit to the exclusive jurisdiction of the courts only in Delhi, India.

11.1     Governing law; jurisdiction. This Site originates from the new delhi. This agreement will be governed by the laws of the state of delhi without regard to its conflict of law principles to the contrary. Neither you or Xperience It Events Pvt. Ltd. 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 delhi by using this Site or ordering product(s)/service(s), you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this agreement. You hereby waive any right to trial by jury arising out of this agreement and any related documents.

Please note – https://www.xperienceit.in is fully owned and operated by Xperience It Events Pvt. Ltd.

Section: 12- Product(s)/service(s)

12.0     This Site offers for sale certain product(s)/service(s) (the "product(s)/service(s)"). By placing an order for product(s)/service(s) through this Site, you agree to the terms set forth in this agreement.

12.1     Customer solicitation: unless you notify our third party call center reps or direct Xperience It Events Pvt. Ltd. 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 and call solicitations Xperience It Events Pvt. Ltd.And its designated in house or third party call team(s).  

12.2     Opt out procedure: we provide easy way to opt out of from future solicitations: you may use the opt-out link found in any email solicitation that you may receive.

12.3     Proprietary rights: Xperience It Events Pvt. Ltd.has proprietary rights and trade secrets in the product(s)/service(s). You may not copy,reproduce, resell or redistribute any product(s)/service(s) manufactured and/or distributed by Xperience It Events Pvt. Ltd. The Company (i.e.: Xperience It Events Pvt. Ltd.) also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Section: 13– The “Site”

13.0     Content, intellectual property, third party links: In addition to making product(s)/service(s)available, this Site also offers information and marketing materials. This Site also offers information, both directly and through indirect links to third-party Sites, about different product(s)/service(s) and services. Xperience It Events Pvt. Ltd. Does not always create the information offered on this site; instead the information is often gathered from other sources. To the extent that Xperience It Events Pvt. Ltd. Does create the content on this Site, such content is protected by intellectual property laws of the India, 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 Site is for personal, noncommercial use. Any links to third-party Sites are provided solely as a convenience to you. Xperience It Events Pvt. Ltd. does not endorse the contents on any such third-party Sites. Xperience It Events Pvt. Ltd. is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Sites. If you link to third-party Sites, you do so at your own risk. 

13.1     Xperience It Events Pvt. Ltd. is not responsible for any damages resulting from use of the site by anyone. You will not use the Site for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Site (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Site by other users, (3) not resell material on the Site, (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 Site

13.2     Reservation/Booking of Services: The process of booking services from this Site may require you to disclose confidential information including credit card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as internet-cafe(s), cyber-cafe(s) and other commercially available internet enabled computers or computer services.

13.3 Relying on declarations, confirmations, information and obligations made/undertaken by the user in accordance with usage terms, and believing the same to be true and acting on the faith thereof, Xperience It has agreed to provide the services to the user as per the usage terms mentioned herein. In particular, the user does hereby agree, promise, declare, confirm, covenant,undertake and represent & warrant to Xperience It:

(a) The user is not under any legal or other deficiency which prevents/may prevent the user from: (i) entering into aval id contract under the applicable laws; and (ii) making valid payment to Xperience It for services ordered by the user.

(b) In the event of detecting any suspicious activity from user’s account, Xperience It reserves the right to cancel all pending and future orders owing to any such incident without any liability to the user.

(c) In a credit card transaction; user must use your own credit card for which user has full right & authority to validly use such credit card for making payment to Xperience It. Xperience it shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on user.

(d) While using the Site user shall at all times strictly comply with the payment procedure and the usage terms in their entirety.

(e) Your use of the services shall be deemed that you are fully satisfied with the description, look and design of the Xperience and usage fee of the Xperience as has been displayed on Xperience It’s Site.

The user agrees and acknowledges that in the Site all services are offered only at the sole discretion of Xperience It.

13.4     The user agrees, acknowledges, confirms and under takes that the registration data, information/data provided or uploaded onto the Site by the user: (a) shall not be false, inaccurate, misleading or incomplete; or (b) shall not be fraudulent or involve the use of counterfeit or stolen credit cards; or (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or (f) shall not contain any viruses, Trojan horses,worms, time bombs, cancel bots, Easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or (g) shall not create liability for Xperience It or cause Xperience It to lose (in whole or in part) the services of Xperience It’ ISP’s or other service providers/suppliers. If the user contravenes the foregoing or Xperience It has reasonable grounds to suspect that the user has contravened the foregoing, Xperience It has the right to indefinitely deny or terminate user's access to the Site and to refuse to honor the user's request(s).

13.5     The user hereby assumes the sole risk of booking or making use or relying on the information relating to the services available on this Site. Xperience it does not promote any Xperiences listed on the Site. It is user’s responsibility to check the details of the Xperiences listed on the Site at its sole discretion.

13.6     Xperience it has endeavored to provide the most accurate, up-to-date information on this Site. However, the information,materials, services available on this Site may inadvertently include inaccuracies, typographical errors, or outdated information. Xperience it is not responsible for and shall not be bound to honor typographical or pricing errors on this Site. Xperience it reserves the right to refuse or cancel order sat any time, including but not limited to the following orders that contain in correct prices or product(s)/service(s) descriptions, orders in which Xperience It believes the user has violated applicable laws or usage terms,orders that Xperience It believes are harmful to Xperience It or orders that Xperience It believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Xperience it neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information,product(s)/service(s) or service. Xperience it expressly disclaims any warranties and conditions whether express or implied about their accuracy,completeness, correctness, suitability, reliability, availability, timeliness,quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort,non-infringement, lack of viruses or other harmful components. Xperience it shall not be responsible for the delay or in ability to use the Site or related functionalities, the provision of or failure to provide functionalities, or for any information, software, services, functionalities and related graphics obtained through the Site, or other wise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise.Further, Xperience It shall not be held responsible for non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond Xperience It’ control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Site 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 or data. Xperience it accepts no liability for any errors or omissions, with respect to any information provided to the user.

13.7     Account and registration: Xperience it makes the services available to you through the Site only if you have provided Xperience It certain required user information and created an account("account") through Xperience It id and password or other log-in id and password (collectively, the "account information"). The Site requires you to register as a user by creating an account in order to utilize the services provided by the Site. You will be responsible for maintaining the confidentiality of the account information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Xperience It of any unauthorized use of its account information or any other breach of security, and (b) ensure that you exit/log out from the account at the end of each session. Xperience it cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may beheld liable for losses incurred by Xperience It or any other customer or visitor to the Site due to authorized or unauthorized use of your account as a result of your failure in keeping its account information secure and confidential.

13.8     Xperience it also allows restricted access to the Site for unregistered users. At the time of registration, you shall ensure that the account information provided by you in the Site's registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.

13.9     When you use the Site, you agree and understand that you are communicating with Xperience It through electronic records and you consent to receive communications via electronic records from Xperience It periodically and as and when required. Xperience it may communicate with you by email or by such other mode of communication,electronic or otherwise. You specifically agree that Xperience It shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, Xperience It will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Site, you agree that Xperience It shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that Xperience It shall not be held liable or responsible for 'phishing attacks' on you. User agrees that user shall not use/access this Site from unsecure computers, unsecure communication link sand unsecure mobile phones. You may accept or decline the cookies when you accesses Xperience It’ Site. It is the user’s responsibility to set his browser to alert him to accept or to reject cookies.

13.10   The user agrees, acknowledges and confirms that before placing any order, the user shall check the service description and price carefully and by placing an order for a service you agree to be bound by the usage terms and conditions of sale included in the services’ description.You shall only place the order after fully satisfying yourself with the price,description, look as has been displayed on Xperience It Site.

13.11   Xperience it shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of channel partner’s act’s or omissions.

Xperienceit reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Site or the information, listings and services described on the Site at any time. Such modifications or changes shall be effective immediately when they are made.

13.12   Payment and usage fee: User hereby agree and understand that he will have to pay the usage fee as mentioned on the Site for the concerned Xperience via the payment mode provided on the Site post which user’s requested reservation will be confirmed. Once the reservation has been confirmed, Xperience It will debit the usage fee from the payment mode selected by the user. The user agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the user and the user undertakes to provide complete, correct and proper information.

13.13   Xperience it uses third party payment providers to receive payments from user. Xperience it is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Xperience it takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and workflows, hence cannot be held responsible for any fault at the end of payment providers.

Section: 14– Disclaimer of Warranties

14.0     Your use of the Site and/or product(s)/service(s) is at your sole risk. The Site and product(s)/service(s)are offered on an "as is" and "as available" basis. Xperience It Events Pvt. Ltd.expressly Disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchant ability, fitness for a particular purpose and non-infringement with respect to the product(s)/service(s) or Site content,or any reliance upon or use of the Site content or product(s)/service(s).("product(s)/service(s)" include trial product(s)/service(s)).

14.1     Without limiting the generality of the foregoing, Xperience It Events Pvt. Ltd.Makes no warranty:

·        That the information provided on this Site is accurate, reliable, complete, or timely.

·        That the links to third-party Sites are to information that is accurate, reliable, complete, or timely.

·        No advice or information, whether oral or written, obtained by you from this Site will create any warranty not expressly stated herein. 

·        As to the results that may be obtained from the use of the product(s)/service(s) or that defects in product(s)/service(s)will be corrected. 

·        Regarding any product(s)/service(s)purchased or obtained through the Site.

·        Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Section: 15– Limitation of Liability

15.0     Xperience It Events Pvt. Ltd.entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Site content and product(s)/service(s) and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for product(s)/service(s) purchased via the Site.

15.1     Xperience It Events Pvt. Ltd.Will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the product(s)/service(s)in any manner, including liabilities resulting from (1) the use or the inability to use the Site content or product(s)/service(s); (2) the cost of procuring substitute product(s)/service(s) or content; (3) any product(s)/service(s)purchased or obtained or transactions entered into through the Site; or (4) any lost profits you allege.

Section: 16– Indemnification

16.0     You will release, indemnify, defend and hold harmless Xperience It Events Pvt. Ltd., 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 Site content or your use of the Site content; (3) the product(s)/service(s) or your use of the product(s)/service(s)(including trial product(s)/service(s)); (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 Xperience It Events Pvt. Ltd. When Xperience It Events Pvt. Ltd. Is threatened with suit or sued by a third party, Xperience It Events Pvt. Ltd.may seek written assurances from you concerning your promise to indemnify Xperience It Events Pvt. Ltd.;your failure to provide such assurances may be considered by Xperience It Events Pvt. Ltd. to be a material breach of this agreement. Xperience It Events Pvt. Ltd. will have the right to participate in any defense by you of a third-party claim related to your use of any of the Site content or product(s)/service(s),with counsel of Xperience It Events Pvt. Ltd. Choice at its expense. Xperience It Events Pvt. Ltd. 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 Xperience It Events Pvt. Ltd. Against any claim, but you must receive Xperience It Events Pvt. Ltd. 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 Site or product(s)/service(s).

Section: 17– General

17.0     Force Majeure: Xperience It Events Pvt. Ltd.will not be deemed in default here under or held responsible for any cessation, interruption or delay in the performance of its obligations here under due to earthquake, flood,fire, storm, natural disaster, act of god, war, terrorism, armed conflict,labor strike, lockout, or boycott.

17.1     Cessation of Operation: Xperience It Events Pvt. Ltd. May at any time, in its sole discretion and without advance notice to you, cease operation of the Site and distribution of the product(s)/service(s).

17.2     Entire agreement:This agreement comprises the entire agreement between you and Xperience It Events Pvt. Ltd.and supersedes any prior agreements pertaining to the subject matter contained herein.

17.3     Effect of waiver:The failure of Xperience It Events Pvt. Ltd. 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.

17.4     Statute of limitation: 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 Site or product(s)/service(s) or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17.5     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.

17.6     Termination: Xperience It Events Pvt. Ltd.Reserves the right to terminate your access to the Site if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this agreement. Following termination, you will not be permitted to use the Site and Xperience It Events Pvt. Ltd.May, in its sole discretion and without advance notice to you, cancel any outstanding orders for product(s)/service(s). If your access to the Site is terminated, Xperience It Events Pvt. Ltd.Reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Site. This agreement will survive indefinitely unless and until Xperience It Events Pvt. Ltd.Chooses, in its sole discretion and without advance to you, to terminate it.

17.7     Domestic use: Xperience It Events Pvt. Ltd. makes no representation that the Site or product(s)/service(s)are appropriate or available for use in locations outside India. Users who access the Site from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
17.8     Assignment:You may not assign your rights and obligations under this agreement to anyone. XperienceIt Events Pvt. Ltd. may assign its rights and obligations under this agreement in its sole discretion and without advance notice to you.

17.9     Merchant Cancellation Policy: Apart from the cancellation policy mentioned along with the packages Xperience It Events Pvt. Ltd. may levy merchant cancellation charges /other cancellation fee varying from package to package. This cancellation fee is charged by Xperience It Events Pvt. Ltd. on behalf of the merchant whose package is being booked. Mention of merchant cancellation charges on website is beyond the scope of Xperience It Events Pvt. Ltd. and the same varies from time to time also from merchant to merchant. In case, the customer wants to know about schedule of any such charges the same would be intimated to them as and when required. Xperience It Events Pvt. Ltd. disclaims claims by customer against any cancellation fee applied in this regard.

Section: 18– For Merchant

18.0     The Merchants listed on the Site, may or may not have signed a formal contract with Xperience It Events Pvt.Ltd. In the case where the merchants have signed the contract, and signed up on the Site they are bound by all the Terms & Conditions within the agreement and by all Terms and Conditions in this Agreement. However, the Terms &Conditions listed in the Contract supersede the Terms of this contract. In the case(s) where a formal contract has not been signed and merchants have signed upon the Site either by themselves or by Xperience It on their behalf [after their verbal or written consent], the Merchant(s) are agreeing to be bound by all of these terms of service mentioned in the document, all applicable laws and regulations, and agree that The Merchant(s) are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Site are protected by applicable copyright and trademark law.

18.1     No Merchant can discontinue any of their product(s)/ services(s) without a one month prior notice to Xperience It Events Pvt. Ltd. The Merchants are also bound to complete all the bookings they have received until 2 business days post giving the notice. The bookings might be for dates post the notice period as well.

18.2 In case of discontinuation of services or separation from Xperience It Events Pvt. Ltd. the monetary settlement would be competed as per the terms stated in the contract or within 30 Business days.

18.3     The Merchants can never deny a booking after they get a booking from Xperience It Events Pvt. Ltd. However if they are closed for a particular day or unavailable due to any circumstance(s)/ problem(s), they should in advance mark their availability in the Site/ Technical Solution provided by Xperience It. Failing to mark unavailability would be considered as “Merchant Available” and the slot can be booked by the customers in real time. And once the booking has been received it cannot be cancelled from the Merchant’s end. Failing to provide the service(s)/product(s) might lead to permanent discontinuation from Xperience It’s Site or appropriate Legal actions from case to case.