The Terms of Use (“Terms”) create a legally binding agreement for you to avail the services offered by Direct Selling Now. (“Directsellingnow”). Directsellingnow provides an internet-based ticketing portal operated for providing event discovery, promotion, and ticketing services on their platform (“Platform”). We provide information relating to the pricing, availability, and reservation of tickets for any events across cities and rural areas. By registering, accessing, browsing and/or using the Platform as a “User” (which means a person or any legal entity who uses the Platform to get information or purchases tickets for any upcoming events in the city), or as an “Organizer” (which means creators publishing, promoting and selling tickets of their upcoming events to the Users on the Platform), a) you agree to be bound by these Terms and acknowledge having read the privacy policy located at Chaudhary Market, Shop No. 7, Opp. Amber Cinema, G.T Road, Modinagar Uttar Pradesh, India (“Privacy Policy“) you have the legal capacity and are competent to enter into this agreement; c) in the event you are entering into these Terms on behalf of any entity/company or its group, you possess the requisite authority to bind such entities, company or its groups to these Terms. If you do not agree to these Terms, you should immediately cease using our Platform.
Directsellingnow, User, and the Organiser will be individually referred to as Party and collectively as Parties.
USER RIGHT:
Subject to compliance with these Terms, Directsellingnow grants the User a non-exclusive, non-transferable, non-sublicensable, revocable right to browse the Platform and search for, view, register for or purchase tickets or registrations to an event published on the Platform.
ORGANISER RIGHT:
Subject to compliance with these Terms Directsellingnow grants the Organiser a non-exclusive, non-transferable, non-sublicensable, revocable right to a) create, publish, and promote any upcoming events on the Brand Page b) sell tickets, manage, track, and collect sale proceeds for the published events through the Event Page.
USER ACCOUNT:
The User may choose to register on the Platform in order to enjoy certain benefits and additional features that are available to the registered Users. The User can sign in and create their account by providing us their username and a password or can also sign in using any of their social media or third-party sign-on services (“Account”).
ORGANISER’S BRAND AND EVENT PAGE:
The Organiser can create a page on the Platform, to publish information about their business, the list of events they have organized in the past, and the list of upcoming events (“Brand Page”). Organizers only after the creation of a Brand Page shall be allowed to post information about and sell tickets for the upcoming events they will be organizing on the “Events Page”. Organizers can create a Brand Page by signing in with their business name and business URL. In addition to this Directsellingnowmay collect additional information from the Organiser for verification purposes. This information may be used to verify Organiser’s identity, the validity and/or legality of the transactions, and/or whether the Organiser is qualified to use the Platform for publishing their events. Organiser agrees to (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
Acceptable Use: The Organiser and the User agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare disassemble, reverse engineer, decompile or make the Platform available to any third party other in furtherance of your intended purposes as expressly permitted by these Terms; (b) modify, adapt, or hack the Platform or otherwise attempt to gain or gain unauthorized access to the Platform or related systems or networks; (c) use the Platform to store or transmit any content that infringes upon any person’s intellectual property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (d) use the Platform to knowingly post, transmit, upload, link to, send or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software; (e) “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Platform (through use of manual or automated means);
In addition to this, the Organiser agrees (a) not to use the Platform to publish events that contain and/or promote any sexually explicit or sexually suggestive content, including pornographic material or sexually explicit videos (b) not to use the Platform to publish any event promoting political or religious extremism or any other violent event; (c) use the Platform, to store or transmit the data provided by the Users to the Organiser, in violation of applicable laws and regulations, including but not limited to violation of any person’s privacy rights, export control laws/regulations (d) to ensure that all necessary approvals for organizing the event have been obtained from authorities including, but not limited to, any state, county, municipal or other local authority’s authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (e) to provide public notice of the cancellation or postponement of the events and notify Directsellingnow and the Users immediately after such notice.
If Directsellingnow informs the Organizer or the User that a specified activity or purpose is prohibited with respect to the Platform, Organiser or the User will ensure that they immediately cease the use of the Platform for such prohibited activity or purpose.
SALE OF TICKETS:
Users can buy tickets for any event from the Event Page of the Organiser. The User directly enters into an agreement with the Organiser.
The Organiser shall ensure to publish only authentic events on the Brand Page. Directsellingnowstrictly prohibits any Organiser to republish or resell the tickets of any event that has been already published by another Organiser on their Brand Page (“Republished Event”).
Users shall be responsible for verifying the authenticity and complying with the terms and conditions for attending the event listed on the Brand Page and Event Page. Directsellingnowis not responsible for (a) the accuracy, legality, safety, or quality of the events published on the Brand Page and Event Page; (b) change of event place; (c) cancellation or postponement of the events; and (d) the restriction of entry of the User to the event venue (e) any purchase of tickets by the User, by directly contacting the Organiser or through any other booking platform (f) sale of tickets for any Republished Events and (g) any physical or virtual promotion of events by the Organiser outside the Platform.
Upon the purchase of the tickets by the Users, Directsellingnow shall provide the Users with a confirmation message with a unique QR code. In the case where a physical ticket is required, they will be provided by the Organiser at the event venue prior to the event. The Organiser agrees to unconditionally accept, and honor all the ticketing commitments to all the tickets that have been confirmed by Directsellingnow through their Platform. Organiser shall verify the QR code using the ticket verification app provided by Directsellingnow at the venue of the event and may also check for the fulfillment of any event restrictions criteria prior to the event.
Exchange, resell, or transfer of tickets can only be done at the discretion of the Organiser.
THIRD-PARTY WEBSITES:
Organiser and User acknowledge and agree that the Platform may contain links to other third-party websites and the use of the third-party websites shall be subject to the terms and conditions and privacy policy of such third-party websites. Directsellingnow shall not be responsible for the contents of such third-party websites. Directsellingnow shall also not be responsible for any error, omission or misrepresentation on the third-party websites. The mere provision of links to third-party websites, in no way, amounts to the endorsement of the third-party websites by Directsellingnow . Such links are provided only for the convenience of the Users and Organisers.
PAYMENT AND REFUNDS:
For events in India: The base price of the tickets for the events published on the Event Page shall be fixed by the Organiser (“Base Price”). Directsellingnow shall collect directly from the Users the Base Price as well as a transaction fee as specified in the pricing schedule published on the Directsellingnow website, for every ticket booked through the Platform (“Booking Fee”). The Base Price and the Booking Fee are collectively called the “Event Registration Fee”. Organiser authorizes Directsellingnow to process the Event Registration Fee through Allevent’s partnered payment gateways. The Parties shall be subject to the terms and conditions of the third-party payment gateways.
Upon receiving the Event Registration Fee from the Users, Directsellingnow shall withhold the payments to the Organisers for 3 days, post the event to see if there are any complaints from the Users relating to the event (“Withholding Period”). Upon receiving complaints, if Directsellingnow in its sole discretion believes that the event published by the Organizer is or is likely to be in violation of these Terms, Directsellingnow will refund the Base Price to the Users with or without notice to the Organiser. On completion of the Withholding Period without any complaints, Directsellingnow shall transfer the Base Price to the Organiser. The amount shall be transferred to the Organiser’s bank account, details of which shall be provided in the payout settings on the Platform at the time of the creation of the Brand Page.
Directsellingnow shall have no liability and will make no refund towards any request from the Users post the Withholding Period, the Users must directly contact the Organiser with respect to any refund-related queries. The Organiser shall include a refund policy on their Event Page with respect to every event they publish.
In the event of refunds due to violation of these Terms or cancellation, postponement, overbooking, strike, force majure, or any other causes not directly attributable to Directsellingnow , Directsellingnow shall continue to be entitled to the Booking Fee and any other handling fee charged.
The Organizer is obliged to raise objections, if any, against the payments from Directsellingnow within 30 days after payment of the Base Price. If not any dispute against such payment shall be deemed to be waived by the Organiser.
For events outside India: For the sale of tickets for an event happening outside India, Directsellingnow shall not collect the Event Registration Fee from the Users. The Users shall directly pay the Organiser through a third-party payment gateway such as Paypal or Stripe. After receiving the payment, the third-party payment gateway shall transfer the Booking Fee to Directsellingnow and the Base Price to Organiser as per their standard payment cycle. from the completion of a payment transaction.
Directsellingnow shall not be responsible for any refund request for any such event for which the Organiser directly collects the Event Registration Fee from the User. Users must contact the Organiser with respect to any refund-related queries in accordance with the refund policy published on the Event Page of the Organiser. The Booking Fee and any other handling fee collected by Directsellingnow are non-refundable.
ADVANCED PLANS:
Organizers in addition to the starter plan, can subscribe to other advanced plans such as the professional or the business plan etc, for publishing and promoting their events on the Platform to use certain additional features available on the Platform. Directsellingnow shall collect from the Organiser a professional fee for providing these advanced plans (“Platform Usage Fee”) in accordance with the pricing schedule listed on the Directsellingnow website . Organizers shall pay the Advance Plan Fee within the time limit and the manner specified on the Directsellingnow website.
MARKETING FEE:
Organiser can subscribe to the marketing plan of the Directsellingnow for using the Platform for promoting and marketing any event that is published on their Event Page. Directsellingnow shall collect from the Organiser a marketing fee as specified in the event marketing plan published on the Directsellingnow website (“Marketing Fee”) for providing such marketing services. Organizers need to pay the Marketing Fee within the time limit and the manner specified in the event marketing plan.
INTELLECTUAL PROPERTY RIGHTS:
“Intellectual Property Rights” means any and all patent rights, copyright rights, trademark rights, trade secret rights, know-how sui generis database rights, and all other intellectual and industrial property rights of any sort throughout the world (including any application therefor and any rights to apply therefor, as well as all rights to pursue remedies for infringement or violation thereof)
Except for the limited rights granted to the User or the Organiser under these Terms, all rights, title and interest in including all Intellectual Property Rights related to the Platform shall belong to and remain exclusively with Directsellingnow .
Organiser shall own all rights, title, and interest in, including all Intellectual Property Rights to any material or content created by them on the Brand Page or the Event Page and the Organiser’s name, logo, and marks on the Brand Page or the Event Page belong to and remain exclusively with the Organiser.
Organiser shall only use the name, logo, or such other names or logos used by Directsellingnow (“Directsellingnow Marks”) to refer to the Platform to identify itself as an Organiser using the Platform for publishing and promoting events; provided that Organiser does not claim or attempt to claim, now or in the future, any rights in the Directsellingnow Marks, degrade the distinctiveness of the Directsellingnow Marks, or use the Directsellingnow Marks to disparage or misrepresent Directsellingnow , and its Platform.
Organiser and the User shall own the rights to all the data including any personal data that they provide to Directsellingnow . Directsellingnow shall have a right to process such data for the purpose of providing, supporting, operating, maintaining, and improving the Platform. We shall also have the right to re-use any and all techniques and know-how gathered while providing the Platform to the Organiser and the User.
Directsellingnow shall have a perpetual right and license to incorporate into the Platform or otherwise use any suggestions, enhancement requests, recommendations, or other feedback it receives from the Organiser or the User.
Notwithstanding anything to the contrary in these Terms, Directsellingnow may collect and use query logs, and any data relating to the operation, support, and/or about the Organisers’ or Users’ use of the Platform, Directsellingnow websites, (“Usage Data”) to develop, improve, support and operate its Platform.
All rights not expressly provided to You herein are reserved.
TERMINATION:
User or the Organiser may at any time terminate their Account or Brand Page by sending an email to Directsellingnow at support@Directsellingnow .in , requesting for the deletion of their Account or Brand Page respectively. Organizer’s rights to the contents on the Brand Page shall cease on the deletion of the Brand Page.
Directsellingnow may terminate the access to the Platform at any time if Directsellingnow believes that a User or an Organiser (a) has violated these Terms; (b) if allowing access and use of the Platform would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Directsellingnow to legal liability. Directsellingnow in its sole discretion with or without notice may terminate the Organiser’s or User’s access to the Platform without any liability due to any business reason.
Directsellingnow may choose to stop offering the Platform, or any particular portion of the Platform, or modify or replace any aspect of the Platform, at any time. Directsellingnow shall take reasonable efforts to notify the Organisers or Users in the event, such modification, or termination of the access to the Platform, materially prejudice either the Organiser or the User.
Effect of Termination: Following the termination either by the Organiser, User or Directsellingnow , the Organisers’ and Users’ access and use of the Platform shall cease. Directsellingnow shall retain all data provided by the Organiser or the User in its possession for a period of thirty (30) days from the date of effective termination (“Data Retention Period”). Beyond the Data Retention Period, Directsellingnow reserve the right to delete all such data in its possession.
CONFIDENTIALITY; SECURITY AND DATA PRIVACY:
If the User or Organiser chooses, or the User or the Organisers are provided with, a user identification code, login, password, or any other piece of information as part of Directsellingnow security procedures, the User or the Organiser must treat such information as confidential. They must not disclose it to any third party. Directsellingnow has the right to disable any user identification code or password, whether chosen by the User or the Organiser or allocated by Directsellingnow , at any time, if in Directsellingnow reasonable opinion, the User or Organiser has failed to comply with any of the provisions of these Terms. Directsellingnow will not be responsible for any activities, including any attempted or actual access or loss of data occurring under User’s Account or Organisers’ Brand Page or Event Page as a result of non-compliance of their obligations under this clause.
Each of the Parties will protect the other’s Confidential Information from unauthorized use, access, or disclosure in the same manner as each of the Parties protects its own Confidential Information, and in any event, no less than reasonable care. Except as otherwise expressly permitted pursuant the Terms, each of the Parties may use the other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under the Terms and shall disclose such Confidential Information solely to those of its respective employees, representatives, and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse such Confidential Information.
Confidential Information means all information disclosed by one Party to the other Party which is in tangible form and labelled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, the data of the Users collected by the Organiser on the Event Page shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which (a) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is, at the time of disclosure, already in the possession of the receiving party without any obligation of confidentiality; (d) is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; I is independently developed by the receiving party without the use of or reference to the disclosing party’s Confidential Information; or (f) is required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, notify the disclosing party of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
Directsellingnow shall process such personal data forming part of the data the Organiser or the User provided Directsellingnow only for the purposes of (i) providing, maintaining, operating, supporting, and improving the Platform and in accordance with these Terms, the Privacy Policy and any other applicable data privacy laws and as part of the direct relationship between Directsellingnow and the Organiser or the User. Directsellingnow shall not process such data for any purposes other than what is mentioned in these Terms. Directsellingnow certify that they understand the restrictions in this clause and will comply with such restrictions.
Directsellingnow shall use appropriate technical and organizational measures to protect such data. The measures used are designed to provide a level of security appropriate to the risk of processing such data. Directsellingnow shall, without undue delay, notify the Organiser or User of any accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to their data that is processed by Directsellingnow .
User and Organiser acknowledge and agree that Directsellingnow and our group companies may access or disclose information about the User, Organiser, including any personal data, in order to (a) comply with the law or respond to lawful requests or legal process; or (b) prevent any infringement of group companies’ or Directsellingnow customers’ proprietary rights. Further, at Directsellingnow sole discretion, any suspected fraudulent, abusive, or illegal activity by the User or Organiser may be referred to law enforcement authorities.
USER DATA COLLECTED BY THE ORGANISER:
Directsellingnow shall not be responsible for the data collected by the Organiser from the User on the Event Page at the time of booking tickets for an event. Organiser shall ensure to maintain physical, and technical safeguards for the protection of the security, confidentiality, and integrity of all User data accessed or processed by an Organiser that is collected from their Event Page.
Organiser will delete all data that the Organiser collected through interaction with Users through the Platform,: (i) upon request from the person or entity from whom the Organiser collected such data or from Directsellingnow ; or (ii) if such data is no longer required.
Upon termination or expiration of these Terms, Organiser will permanently delete all data and any other information that the Organiser has stored pursuant to their use of Platform, except if doing so would cause the Organiser to violate any applicable law or obligation imposed by a governmental authority.
INDEMNIFICATION:
User or Organiser will indemnify and hold Directsellingnow harmless against any claim brought by a third party against Directsellingnow , and their respective employees, officers, directors, and agents arising from the Users’ or Organisers’ use or access of the Platform in violation of these Terms provided that (i) Directsellingnow promptly notify the User or the Organiser of the threat or notice of such a claim, (ii) User or the Organiser has or will have the sole and exclusive control and authority to select defense attorneys, defend and/or settle any such claim; and (iii) Directsellingnow shall fully cooperate with the User or the Organiser in connection therewith. User or the Organiser will have no obligation or liability with respect to any such claim arising out of the gross negligence or willful misconduct of Directsellingnow .
DISCLAIMER OF WARRANTIES:
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
USER AND ORGANISER ACKNOWLEDGE THAT DIRECTSELLINGNOW DOES NOT WARRANT THAT THE ACCESS TO THE PLATFORM, WHICH IS PROVIDED OVER THE INTERNET AND VARIOUS TELECOMMUNICATIONS NETWORKS, ALL OF WHICH ARE BEYOND DIRECTSELLINGNOW ’ CONTROL, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, BUSINESS INTERRUPTION) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, RELATING TO THE PLATFORM, WILL BE LIMITED a) IN THE EVENT OF AN ORGANISER TO AN AMOUNT EQUAL TO THE PLATFORM USAGE FEE OR THE MARKETING FEE PAID BY THE ORGANISER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM b) IN THE EVENT OF AN USER TO AN AMOUNT EQUAL TO THE BOOKING FEE PAID BY THE USER WHILE PURCHASING TICKETS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
MISCELLANEOUS
Relationship of the Parties: The Parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship among the Parties.
Entire Agreement and Revisions: These Terms, including all schedules and online policies incorporated herein by reference, contain the entire agreement and understanding of the Parties and supersede all prior communications, discussions, negotiations, proposed agreements, and all other agreements between them, whether written or oral, concerning the subject matter herein. These Terms may be amended only by a written agreement of the parties and signed by the duly authorized agents of the parties.
Force Majeure: Notwithstanding anything to the contrary contained elsewhere, Directsellingnow shall not be liable for the unavailability of the Platform caused by circumstances beyond Directsellingnow ’ reasonable control, such as but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond Directsellingnow ’ reasonable control (including, without limitation, inability to access the internet, unauthorized loss, distribution or dissemination of data provided by the User or Organiser), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
Governing Law and Dispute Resolution: These Terms shall be governed by the laws of India, without regard to any conflict of laws provisions. Any dispute related to these Terms shall be referred to final and binding arbitration by a sole arbitrator mutually appointed by the Parties, conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be in the English language. The seat of arbitration shall be at Modinagar, India. Subject to the foregoing, the courts in Ahmedabad, India shall have exclusive jurisdiction.
Notices and Consent to Electronic Communications: All notices to be provided by Directsellingnow to User or Organiser under these Terms may be delivered in writing (i) by a nationally recognized overnight delivery service (“Courier”) or to the contact mailing address of the User or the Organiser provided by them on the User Account or the Brand Page respectively; or (ii) electronic mail to the e-mail address provided by them. Directsellingnow ’ address for a notice : Chaudhary Market, Shop No. 7, Opp. Amber Cinema, G.T Road, Modinagar Uttar Pradesh, India or (ii) by electronic mail is support@Directsellingnow.in . All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
Publicity Rights: Organiser hereby grants Directsellingnow a royalty-free, worldwide, transferable license to use Organiser’s trademark or logo to identify the Organiser using the Directsellingnow Platform on its Websites and/or marketing collateral and to include the Organiser’s use of the Platform in case studies.
Severability; No Waiver: If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of this Agreement shall remain in effect. Directsellingnow ’ non-exercise of any right under or provision of this Agreement does not constitute a waiver of that right or provision.
Survival: All clauses which, by their nature are intended to survive, including without limitation Clauses Intellectual Property Rights, Effect of Termination, Confidentiality; Security and Data Privacy; Disclaimer of Warranties, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of these Terms with respect to use of the Platform by the Organiser or the User. Termination shall not limit Party’s liability for obligations accrued as of or prior to such termination or for any breach of these Terms.
