Terms & Conditions
Last Effective Update : 06/02/2020

Background

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website (defined below).

gogagaentertainment.com (" Website ") is owned, registered and operated by GoGaga Entertainment Private Limited (" Company "), a private limited company, incorporated under the provisions of the Companies Act, 1956 and having its corporate office at 6 , Raintree Realm, Chilavannoor Road, Kadavanthra, Kochi ñ 20, Kerala, India.

These terms of usage (" Terms of Use ") govern Your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.

For the purpose of these Terms of Use, wherever the context so requires, " You ", " Your " or " User " shall mean any natural person who uses the Website for availing the Services. The term ì We ", " Us ", " Our " shall mean the Company, its employees, and authorized agents that perform any services on the Companyís behalf.

We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.

Services

We are an online ticketing portal for all events (conferences, rock concerts, festivals, workshops fundraisers, exhibitions, trade fairs etc.) (" Events ") (" Services "). We conduct our own events under different brand names as well as partner with other event organizers (" Organizers ").

For the purposes of these Terms of Use,

" Applicable Law " shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority in India having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter;

" Authority " shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India;

" Minimum Age " shall mean any person aged 18 (Eighteen) years and above;

Platform for Organizers and Users:

This Website acts as a platform between us, other Organizers and the Users for sale and purchase of tickets for Events.

A User has an option to register themselves on the Website. Every registered User shall allocate themselves a unique identification user name and password (" User ID " and " Password ").

If you use the Website as registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Website registration form. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to indefinitely suspend, terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

We shall not be liable for any terms and conditions/ arrangements between the Organizers and the Users, including but not limited to the standards of services provided by the Organizers, price of tickets for the Events, cancellation of an Event etc. We shall not be liable for the services provided or not provided by the Organizers.

We do not make any representation or warranty as to the quality/ standard of the Event.

We are not responsible for any non-performance or breach of any contract entered into between Organizer(s) and the User(s). We shall not be required to mediate or resolve any dispute or disagreement between Organizer(s) and the User(s).

The User must bear the following in mind:

a. The primary ticket/pass holder (name mentioned on the ticket) should be present along with the ID proof to gain entry into the venue, failure to produce an ID proof will result in denial of entry to the venue;

b. Both We or the Organizers reserve the rights of frisk and restrict entry of a User;

c. We or the Organizers shall not be responsible for the loss or theft of any personal belongings at the event venue or on the way of reaching event venue;

d. In the event, the tickets/passes are found to be tampered, We or the Organizers reserve the right to refuse entry;

e. We or the Organizers reserve the right to change the timing of any Event(s);

f. The seating plan provided/ made available to the Users, shall be subject to change by Us or the Organizers. We or the Organizers reserve the right to add extra standing rows (by removing certain seats) for Events, if they deem necessary.

Representations, Warranties and Obligations of the Website

We hereby represent and warrant that:

a. We are a duly registered company as under the relevant provisions of the Companies Act, 1956;

b. We are in compliance with the Applicable Law to provide Services, subject to these Terms of Use; and

c. We will comply with the Privacy Policy and ensure data security of the Users at all times.

Representations, Warranties and Obligations of the User

You hereby represent and warrant that:

a. You are a natural person, of the Minimum Age, have read, understood and agree to be bound by these Terms of Use;

b. You shall provide accurate information and details at the time of registration and shall also keep the contact information up to date;

c. You agree not to copy, sell, resell, duplicate any part of the Website or the Services offered through the Website for commercial purposes;

Intellectual Property Rights

Third Party Content

All information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, ìContentî), relating to an event on the Services provided by Us or the Organizers is posted by Gogaga.

The content and images used on this site are copyright protected and copyrights vests with the respective owners. The usage of the content and images on this website is intended to promote the works and no endorsement of the artist shall be implied. Unauthorized use is prohibited and punishable by law.

The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

All Companyís content included on the Website, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, etc., is Our property and is protected by the Applicable Laws with respect to intellectual property rights. The compilation of all content on the Website is Our exclusive property, and shall not be reproduced or used without express written permission from Us. We reserve the right to terminate Your engagement with Us, if We, in Our sole and absolute discretion, believe that You are in violation of this clause.

The Website and all the content on the Website, is provided to You ëAS ISí for Your personal, non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without Our prior written consent. We reserve all rights, not expressly granted in and to the Platform.

Trademarks

gogagaentertainment.com is the domain of the Company. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any product or service that is not affiliated with the Company.

Infringement of Your intellectual property rights

In the event, You come across a particular content/ believe that Your intellectual property rights have been infringed/ Your work has been published/ reproduced without obtaining the requisite license from You, or You become aware of any infringing material available on Our Website, kindly write to us at support@gogagaentertainment.com providing all the necessary details. We shall take appropriate actions after satisfying ourselves on the validity of such claim. GoGaga is not liable for any third-party content uploaded, transmitted, displayed, published or shared on its platform without its explicit knowledge. By using gogagaentertainment.com, you agree to the conditions set out in this notice and take down policy.

If the owner of a copyright-protected work or an agent authorized to act on the copyright ownerís behalf (the ìOwnerî) believes the work posted on gogagaentertainment.com (ìthe Siteî) is infringing the Ownerís copyright under the relevant law, the Owner may submit a copyright infringement notification.

GoGaga recommends Owners of copyright-protected content to report alleged copyright infringement by submitting a written complaint (the ì Complaint î) either through a web-form (recommended) or through email on support@gogagaentertainment.com.

The Complaint should include the following:-

(a) Contact Information: The Owner will need to provide information that will allow GoGaga and the uploader(s) of the content that the Ownerís objects to, to contact the Owner regarding the Complaint, such as an email address, physical address or telephone number.

(b) Description of Work: The Ownerís must provide in the complaint, a complete and accurate description of the copyrighted content that the Owner is seeking to protect. This MUST also include the specific URL of the content that the Owner believes to be infringing. This is necessary in order to aid GoGaga to locate the allegedly infringing content. General information about the content, such as a channel URL or username alone is not adequate. The URL should be in the following format: https://www.gogagaentertainment.com/_____________/

(c) Necessary Format: The Complaint should include the following statements ñ ìI have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.î AND ìThe information in this notification is accurate, and I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.î

(d) Signature: The Complaint must include the physical or electronic signature/digital signature of the Owner. To satisfy this requirement, the Owner may type their full legal name (a first and last name, not a company name) as the signature at the bottom of the complaint.

Take-Down of Copyright Infringing Work

In case of a Complaint by the Owner that is submitted in accordance with the procedure in Clause 6.3.2.2, and found to be valid, GoGaga may refrain from facilitating access to the allegedly infringing work for a period of 21 (twenty one) days or until an order from a competent court is received, whichever is earlier. In case GoGaga receives no such order before the expiry of twenty-one days, GoGaga may reinstate access to the said work.

Notification Of Objectionable Content And Take Down By GoGaga

Users may submit a complaint against objectionable content by submitting a written complaint (the ì Complaint î) either through a web-form (recommended) or through email on support@gogagaentertainment.com . The Complaint should include the following:

(a) Contact Information: The Complainant will need to provide information that will allow GoGaga to contact the Complainant regarding the Complaint, such as an email address, physical address or telephone number.

(b) Description of Work: The Complainant must provide in the complaint, a description of the objectionable content that the Complainant is seeking to protest. This MUST also include the specific URL of the video that the Complainant believes to be objectionable. This is necessary in order to aid GoGaga to locate the allegedly objectionable video. General information about the video, such as a channel URL or username alone shall not be adequate. The URL should be in the following format: https://www.gogagaentertainment.com/_____________/

(c) Necessary Format: The Complaint should include the following statements ñ ìI have a good faith belief that the use of the material in the manner complained of violates any law, or the conditions in Clause 4 of GoGaga Notice and Take Down Policyî AND ìThe information in this notification is accurate to my knowledgeî.

If GoGaga determines, in its sole discretion and judgment, that the User Content violates any of the aforementioned conditions, it shall be entitled to immediately take down or otherwise block access to User Content.

GoGaga Immunity from Liability ñ GoGaga shall not be liable for any act of copyright infringement or any other objectionable User Content, as provided under the Copyright Act, 1957, Information Technology Act, 2000 and Rules thereunder.

Links

The Website may contain links to other websites (" Linked Sites "). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.

We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Company, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

Advertisement Links

The Website may contain links to various advertisements (" Advertisement Site "). The Advertisement Site is not under the control of the Company. We are not responsible for the content on any Advertisement Site, including, without limitation to, any link contained in the Advertisement Site, or any changes or updates to the same.

These Advertisement Site(s) shall be construed to be Linked Sites (as mentioned above) and the provisions of Clause 7 above shall apply for Advertisement Site(s).

Userís feedback/comments/ suggestions

We encourage Users to submit/ post/ share their comments/ suggestions/ opinions/ feedback etc. (" User Feedback ") with us.

The User agrees and acknowledges that:

a. The User Feedback does not contain any confidential information or is not in violation of any third party right including intellectual property rights;

b. The User Feedback shall not be unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate as under Applicable Law;

c. We are not under any obligation of confidentiality, express or implied, regarding the User Feedback;

d. We reserve the right to use or disclose such User Feedback for any purpose, in any way, as We deem fit;

e. We are not obligated to, review the User Feedback;

f. We reserve the right to reject, remove, delete or edit such User Feedback, at any time, without any reason, without providing any notice;

g. By posting/ submitting User Feedback, the same shall become our intellectual property right without any obligations including but not limited to any compensation or consideration, express or implied to you.

Payment Terms

User(s) can make payments for purchasing tickets for various Events through the Website, through any of the following available options:

a. Internet Banking;

b. Debit/ Credit Cards;

c. Mobile Wallet; and

d. Cash on Delivery (as applicable)

The User agrees and accepts that all nuances and modalities relating to making payment using Internet Banking/ Debit/Credit Cards/ Mobile Wallets (" Virtual Payment Mode ") shall be separately governed by arrangement(s) / terms and conditions between You and the relevant banks/ payment gateway service providers. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).

While availing any of the payment method(s) available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) Lack of authorization for any transactions; (b) Any payment issues arising out of the transaction or (c) Decline of such transaction for any reason.

You understand, accept and agree that the payment facility provided us, is neither a banking nor financial service.

You understand, accept and agree that all payments made by the User shall be to Us, unless otherwise specified.

Modification and Cancellation/ Refund

No request for modification or cancellation of a ticket booking shall be entertained by the Website.

In the event of cancellation of an Event, the User(s) may be entitled to a refund of the price paid for purchasing the ticket of an Event, subject to the terms of the ticket, as issued by Us or the Organizer.

If the Organizer provides/ permits for refund, in the event of cancellation of an Event, then all requests for refund (due to cancellation of an Event) shall be processed within a period of 30(Thirty) days from the cancellation of an Event, through electronic payment.

No request for refund, due to the inability of the User to attend an Event (for which the User has bought ticket(s)), shall be entertained by the Website.

Other than as provided above, any and all refund related disputes shall be settled between the User and the Organizer. We shall not be liable to settle any such disputes between the Organizers and the Users.

Fraud and Improper Conduct

You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of Applicable Law pertaining to your use of the Website. You agree that You will not in any way:

a. Interfere with the ability of other Users to access or use the Website/Services;

b. Disrupt the normal flow of communication or otherwise act in a manner that adversely affects other Users ability to use the Website or the Services;

c. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

d. Upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan horse or other code with malicious, disruptive and/or destructive features;

e. Use scripts, automated procedures such as bots, robots, spiders, etc. to hack, recreate or disturb the normal functioning of the Website;

f. Use any automated data collection techniques or procedures or programs to collect Our Userís data;

g. Undertake e-mail harvesting using bots, robots, spiders, scrapping, etc. to access Userís e-mail ids;

h. You shall not attempt to gain unauthorized access to the account of any other User, or otherwise interfere with any other Userís use of the Service; and

i. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the service, including, without limitation, with respect to any identifying information for Your account, and all information that You provide must be accurate and correct, and You must update any changes to such information, so that it remains current.

Limitation and Disclaimer of Warranty

The Website, the Services and each portion thereof are provided "AS IS" without warranties of any kind either expressed or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.

We do not warrant or make any representations regarding the use or availability of the Website.

We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Websiteís Services or due to the non- availability of the Website Services.

We make no representation or warranty that the information/ content available on the Website shall (i) be accurate or reliable; (ii) be uninterrupted, timely, secure or error-free; (iii) We will rectify any errors found in the information/ content/ Website or on the Websiteís software. Further, access to the Website shall be contingent to your internet accessibility and we shall not be held liable for any lack/ sporadic breaks in your internet accessibility.

We take all reasonable commercial efforts to ensure that the description and content on each page of the Website is accurate. However, We shall not be liable for any loss or damages suffered by any User due to any information contained herein. Further, We cannot control or make modifications to the information provided by the Organizer.

We do not endorse any advertiser on the Website in any manner. The User undertakes to verify the accuracy of all information provided by the advertiser, on their own before placing any reliance on such information.

We reserve our right to change, supplement, alter or remove any information/ content as we deem fit. We also reserve the right to change or discontinue any feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use.

We shall not be liable in the event any damage or loss occurs to your computer system, mobile, or any other electronic device, or any data, as a result of viewing the Website.

We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to any action or inaction of the Organizers and/or any actions or inactions at the Event.

If you are dissatisfied or harmed by this Website or anything related with the Website, Your sole remedy shall be to terminate these Terms of Use by exiting from the Website and/or terminating Your account on the Website.

We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of a User engaged with the Website.

We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the Users shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are on the Website.

Indemnification

You undertake to indemnify Us fully, for any losses or damages resulting from any third party claims or complaints arising from, or in connection with Your actions on the Website, and/or breach of these Terms of Use by You, and/or breach of any third party rightís including such third partyís intellectual property rights as well as any other rights of such third party, whether under Applicable Law or under a contract.

Termination

We may terminate these Terms of Use with respect to you, immediately without notice in the event of any breach by you of these Terms of Use or any of our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by You.

You agree that upon the termination of these Terms of Use, We may delete all information related to you with respect to the Services availed by you. Further, you will no longer be able to log into the Website.

Severability

If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

General

Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy (provided on the Website) constitutes the entire agreement between You and the Website, in respect of the Services and supersedes all previous written and oral agreements between you and the Website, if any. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.

Governing Law

Terms of Use shall be governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles. The courts in New Delhi, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use.

Grievance Officer

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Mr. Tushar Mathew

Phone No: +91-8156980812

E-mail Address: support@gogagaentertainment.com

Postal Address: 6 , Raintree Realm, Chilavannoor Road, Kadavanthra, Kochi ñ 20, Kerala, India.

Terms & ConditionsLast Effective Update : 06/02/2020

Terms & Conditions
Last Effective Update : 06/02/2020