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Terms & Conditions

 

TERMS AND CONDITIONS OF SERVICE

Fanagig is an online portal (the “Platform”) owned and operated by M/s Vindaloop Technologies Private Limited, a company under the laws of India.
These are the terms and conditions of service for Customers (defined below) (“you” and “your”) which apply to the Service (the “Terms”)
By making use of the Services by placing a Request with Fanagig, you are subject to the Terms and agree to be bound by them. You should make yourself aware of the Terms and print a copy for future reference if necessary.
These Terms are effective as at 1 December, 2016. Fanagig (“Fanagig”) is a ticketing platform.
All Services provided by Fanagig (“Services”) are tailored to a User’s requirements and charges (“Platform Fee”) are calculated accordingly.
Any personal information that you provide to us via the Service will be governed by the terms of our Privacy Policy.
Our Cancellations Policy can be accessed here.
For the purposes of these Terms, the following, additional definitions shall apply:
“Artist” means a person or people that perform live at an event
“Event” means either a literary, artistic or musical live event, or a combination thereof, listed and promoted on the Portal and organised by the event organiser.
“User” means a person who make use of the Service.
“Request” means a request placed by a User with Fanagig for Fanagig to arrange the supply of goods and/or services from a third party on the User's behalf.
“Service(s)” means the services provided by Fanagig to its Customers which includes, a platform for fans to vote for an artist, create a campaign to bring artists to their city and buy tickets for shows. Fanagig also assists in marketing of campaigns. It coordinates with artists, bands etc. It assists fans in understanding what they, the fans need to do in order to make a successful campaign.
“Request” means a request for Services by a User subject to confirmation by Fanagig. “Event Organiser” means and includes any and all independent third party that executes the event.
“Event Ticket” Ticket that is bought in exchange of money paid on the site.
“Target Date” Date on which votes and/or monetary goals must be reached.

IMPORTANT NOTICE: THE SERVICE IS ONLY MADE AVAILABLE FOR THE BENEFIT OF USERS WHO ARE AGED 18 OR OVER. IF YOU ARE NOT AGED 18 OR OVER, YOU DO NOT HAVE PERMISSION FROM US TO USE THE SERVICE AND MAY NOT ACCESS THE SERVICE OR ANY SERVICES PROVIDED UNDER THE SERVICE. IF WE HAVE REASON TO BELIEVE THAT YOU ARE NOT AGED 18, WE RESERVE THE RIGHT TO RESTRICT OR PREVENT YOU FROM ACCESSING OR USING THE SERVICE. BY CONTINUING TO USE THE SERVICE AND AGREEING TO THESE TERMS, YOU ARE REPRESENTING TO US THAT YOU ARE 18 AND WE CAN RELY ON THIS REPRESENTATION.


1. Your Use of the Service
1.1. Fanagig shall provided the Service to Customers particular Requests, provided that Fanagig shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
1.2. Fanagig shall use its reasonable endeavours to meet any performance timelines, but any such timelines shall be estimates only and time shall not be of the essence for performance of any Services.
1.3. Fanagig shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Fanagig shall notify the User in any such event.
1.4. You acknowledge that Fanagig reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
1.5. Communications to Fanagig may be monitored or recorded for training and quality control purposes.
1.6. Fanagig shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Request and reasonable instructions from time to time.
1.7. Any dispute or complaint regarding the content or quality of goods/services provided by a Supplier or other third parties, or any actions / inactions of such parties, is deemed to be between you and such Supplier or third party, and should be made to them directly. However, we are always interested in learning about your experiences, so please feel free to contact us about this.

2. Making a Request
2.1. To make use of the Services you may place your request (“Request”) through the Portal.
2.2. Prior to making a request a User must register on the Platform (“Registration”).
There is no fixed fee or charges for such registration.
2.3. A User may make a Request only after their Registration is confirmed via the Platform.
2.4. A Request is either in the nature of listing a fresh Event on the Portal or signing up to an existing Event listed on the Portal.
2.5. Listing a fresh Event on the Portal grants such User no proprietary rights or privileges in the Event, its concept or idea.
2.6. Communications over phone lines or otherwise with Fanagig may be recorded for internal use. You can find out more about our Privacy Policy here.

PLEASE NOTE THAT EVENT ORGANISERS ARE INDEPENDENT THIRD PARTY SERVICE PROVIDERS. CUSTOMERS CANNOT HOLD Fanagig RESPONSIBLE FOR THE ACTIONS OF SUCH EVENT ORGANISERS.

2.7. Fanagig may also provide you with an approximate “Target Amount” to be reached by the listed “Event” for a successful event within the “Target Date”. The timelines and Targets are only indicative and the delivery of an Event Request depends on several factors outside of Fanagig’s control such as the ability of Artists and Event Organisers to fulfil orders.
2.8. Fanagig reserves the right to extend the Target Date or revise the Target Amount from time to time.
3. Platform Fee
3.1. Platform fees (commission) = 7% of total money raised through the platform. Service Tax and other applicable taxes shall be charged when and where applicable.
3.2. Fanagig will bear the cost of the Payment Gateway fees.
3.3. Ticket price will include entertainment tax
3.4. Platform Fees are subject to change at any time. Event Requests for which you have received Payment confirmation from Fanagig will not be affected by any change in Platform Fees.
3.5. The Platform Fees are detailed here.
4. Intellectual Property and right to use
4.1. You acknowledge and agree that all intellectual property rights (including, but not limited to, copyright, trademarks, logos, text, graphics, photos, sound, illustrations, animations and videos or rights in and to our software, applications and website) in all material or content contained within the Service shall remain at all times owned by us except where it is lawfully owned by Suppliers or other third parties.
4.2. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or any Supplier and you acknowledge that you do not acquire any ownership rights by making use of the Service or content from the Service.
4.3. You acknowledge and agree that the material and content contained within the Service is made available for your personal (non-commercial) use only, and that you may use such material and content only for such purpose. Any other use of the material and content of the Service is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
4.4. You agree that by submitting any content, information, images or otherwise for publication on the Service, (“User Generated Content”) you retain any copyright you may have in the User Generated Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any moral rights you may have in, or to be identified as the author, of User Generated Content.
4.5. You are solely responsible for your User Generated Content (including content you share with other sites, such as social networking sites) and we do not endorse User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content.
5. Cancellations Policy
Details of our Cancellations Policy, which forms part of these Terms, can be found here. 6. Availability of Services
6.1. We will do our best to offer you a smooth service, but we give no guarantees that the Services will be fault free or that the Service provided will be uninterrupted. If a fault does occur, please contact us and we will attempt to correct the fault as soon as we reasonably can.
6.2. We will occasionally restrict your access to the Service to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
6.3. New services are subject to a period of testing. This means that a new service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality. 7. Limitation of Liability
7.1. We shall not be liable under any circumstances with respect to any services provided under the Service, or any other subject matter of these Terms, for: (i) any indirect losses, meaning a loss to you which is a side effect of the main loss or damage and where you and Fanagig could not have reasonably foreseen that type of loss arising at the time of entering into these Terms; (ii) losses not caused by our breach; (iii) the actions or inactions of an Event Organiser; and (iv) any matters beyond our reasonable control (including network failure).
7.2. We exclude liability for any goods or services provided by a Supplier or other third party suppliers to the fullest extent permitted by law.
7.3. We shall not be liable for any content of information you provide to us, or the content of any other user of the Service.
7.4. We are not affiliated with, and have no agency or employment relationship with, any third party service provider used to provide services under the Service and we have no responsibility for and disclaim all liability arising from, the acts or omissions of any such third party service provider.
7.5. Nothing in these Terms shall exclude any liability we may have at law. You have certain rights under the law. These include that we will provide the Service to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights.
8. Termination
8.1. We may terminate these Terms and close any account you have at any point of time. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms.
8.2. We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
8.3. Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
8.4. You are under no obligation to use the Service and may simply choose to stop using it at any time.
9. General
9.1. These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Service.
9.2. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
9.3. These Terms and the relationship between you and us shall be governed by the laws of India without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Bangalore, India
9.4. We may amend these Terms at any time by posting the amended terms on our Website and/or by amending the Terms as they are accessed from the Service. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version the Terms will be included at the top of the Terms page.

CANCELLATION

The nature of the Service typically does not allow room for cancellation once you deposit a Ticket Amount. Fanagig provides you with a platform to allow users for Events to be organised more often than not from third party vendors and organisers.
The below wording sets out the cancellations policy that form part of Fanagig’s terms and conditions of service (“Terms”). In making use of the Service, Customers (as defined in the Terms) will be deemed to comply with the Terms and expected to operate in accordance with these.

PLEASE NOTE: ONCE A BOOKING HAS COMMENCED, ANY COMPLAINTS, DISPUTES OR CLAIMS YOU MAY HAVE RELATING TO Fanagig MUST BE TAKEN UP WITH Fanagig, AND OTHER CLAIMS RELATING TO THE EVENTS THEMSELVES NEED TO BE TAKEN UP WITH THE EVENT ORGANISER. HOWEVER, WE ARE ALWAYS KEEN TO LEARN ABOUT YOUR EXPERIENCES IN MAKING USE OF THE SERVICES AND ANY FEEDBACK (GOOD OR BAD) CAN BE PROVIDED BY CONTACTING US.