These Event booking Terms and Conditions (hereinafter referred to as the “Conditions”) are applicable to the Services (defined below) to be rendered by India Inc Limited, a company registered in England and Wales under company number 04463295, having its registered office at Eighth Floor, 167 Fleet Street, London EC4A 2EA, England, providing services under the brand name “India Inc.” to the Client (defined below) pursuant to the Booking Form (defined below) entered into between India Inc. and the Client. India Inc. and the Client are hereinafter individually referred to as a “Party” and collectively, as the “Parties”.
India Inc. shall provide the Services as detailed in the Booking Form. Any special conditions mentioned in the Booking Form shall be read in conjunction with these Conditions. In the event these Conditions are in variance with any of the special conditions mentioned in the Booking Form, then, such special conditions shall override and prevail over these Conditions to that extent.
DEFINITIONS AND INTERPRETATION
Booking Form means the online booking form accessed via our website (including any attachments or schedules thereto) setting out the Client’s order for Services on the terms set out in these Conditions;
Client means the entity or person so named in the Booking Form;
Confidential Information means information relating to the business, affairs, performance and finances of the Parties, for the time being confidential to the Parties, or treated by it as such and trade secrets (including, without limitation, technical data and know-how) relating to the business of the Parties;
Delegate means any person, whether part of the Client or otherwise, on behalf of whom a booking of attendance at an Event has been made under the Booking Form which has been confirmed by the India Inc. and where the relevant Fee has been paid in full to India Inc.;
Event means the event described in the Booking Form which is organised by India Inc.;
Fee(s) means the Event registration fee as set out in the Booking Form;
Force Majeure means any incidence or situation occasioned by war, fire, explosion, flood, strike, lockout, terrorist attacks, embargo, act of God, or any other similar cause to the extent beyond the reasonable control of India Inc.;
Intellectual Property Rights or IPR means all patents, trademarks, service marks, logos, get-up, trade names, internet domain names, rights in designs, copyright (including rights in computer software) and moral rights, data/database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world which are held or beneficially owned by its owner;
PayPal means PayPal (Europe) S.a.r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) or such other relevant PayPal company from time to time;
Services means the organisation and hosting of an Event as more specifically stated in the Booking Form; and
1.2 In these Conditions (unless the context requires otherwise):
(c) the generic terms and expressions used and not defined under these Conditions shall be construed in a manner that aids in the general construct of these Conditions and shall be understood in the parlance of the industry of the Parties and such interpretation shall be given to them, which a reasonable man of prudence engaged in such industry would construe them to be.
2.1 Engagement of India Inc. The Client hereby engages India Inc. to render, as an independent contractor, the Services and India Inc. hereby accepts the engagement and agrees to provide the Services. Nothing in these Conditions shall be deemed to constitute a partnership or joint venture between the Parties or constitute any Party to be the agent of the other Party for any purpose whatsoever. Except as provided by these Conditions, neither Party shall have the right or authority to assume or create or enlarge any commitment or obligations on behalf of each other and shall not represent that it has the right to bind the other Party in any manner.
2.2 Each order placed by or on behalf of a Client is an offer by the Client to buy the Services specified in the Booking Form subject to these Conditions. The Client is responsible for ensuring that the order is complete and accurate.
2.3 Upon submission of an order, and subject to the Client making payment of the Fee in accordance with clause 5 below, the Client and/or the Delegate will receive an email from India Inc., and/or PayPal confirming the booking, at which point and on which date a contract between the Client and India Inc. will come into existence in relation to the relevant Event.
2.4 If India Inc. is unable to provide the Services for any reason it will inform the Client and/or the Delegate by email and the order will not be processed. If payment for the Services has already been taken India Inc. will refund the full amount.
3.1 Services. India Inc. during the Term shall provide the Services as set out in Booking Form:
6.1 Nothing in these Conditions shall be deemed to constitute any transfer of Intellectual Property Rights between the Parties. All Intellectual Property Rights arising out of or in connection with the Services provided by India Inc. and any or all associated activities shall be owned by India Inc. and the publication and display of any content shall be at the sole discretion of India Inc.
6.3 The Client grants to India Inc. a non-exclusive, worldwide, royalty-free license, with no right to sublicense, use, reproduce, and distribute online, the Client’s name, logo, and other trademarks and service marks for the sole purpose of fulfilling the India Inc.’s obligations under the Booking Form.
7.1 Both Parties will treat material received from the other Party with strictest confidence and exercise at least the same degree of care as it uses with regard to its own Confidential Information, but in no event less than reasonable degree of care, in protecting the disclosing Party’s Confidential Information.
7.2 In the event that the receiving Party is compelled by law to disclose any Confidential Information, to the extent permitted by law the receiving Party would notify the disclosing Party immediately about such disclosure.
7.3 This clause shall not apply to the Confidential Information which is already in the public domain otherwise than due to the reasons of breach by any of the Party of the provisions of this Clause or is already known to the recipient and is at its free disposal.
8.1 India Inc. will use the personal information provided to it in respect of the Delegate and/or the Client where relevant to:
India Inc. may sub-contract the Services to any affiliate or third party in its sole discretion as it may deem fit for rendering the Services.
The Client hereby represents, warrants and covenants as follows:
(a) The Client is validly existing under the laws of the country of its registration and has the power and obtained necessary authorisation to execute and deliver the Booking Form and to perform its obligations under these Conditions;
In no event will India Inc. its agents, licensors or affiliates be liable for indirect, punitive, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the India Inc.’s Services. The Client hereby undertakes to keep and hold India Inc. indemnified and harmless against all costs, expenses, claims, liabilities and proceedings which may be caused to or suffered by India Inc. or made or taken against India Inc., which are arising out of performance of the Services by India Inc. or the contractual relationship between the Parties, other than as a result of any omission or negligence on the part of India Inc.
India Inc. shall not be responsible for a delay or default in the performance of its obligations under these Conditions or the Booking Form due to the occurrence of an event of Force Majeure. If India Inc. is prevented by such an event from performing its obligations under these Conditions and the Booking Form, India Inc. shall promptly notify the Client and/or the Delegate to that effect. If such event of Force Majeure occurs India Inc. shall decide the course of action, which may include temporary suspension of the Services or termination. In the event of termination on account of Force Majeure, India Inc. may in its sole discretion refund all or part of the Fees.
13.1 These Conditions and the Booking Form shall be governed by and construed in accordance with the laws of England and Wales, and the Parties agree to submit to the exclusive jurisdiction of the English Courts with regard to any dispute relating to them.
13.2 Consultation. Without prejudice to either Party’s right to take legal action, in the event of any dispute between the Parties arising out of or in connection with these Conditions and the Booking Form or their performance (including the validity), the Parties agree that they shall, so far as is reasonably possible, endeavour to settle such dispute amicably between the Parties.
14.1 Notices. Notices or other communications required or permitted to be given or made under Conditions and the Booking Form shall (except where otherwise specified herein) be in writing and delivered by e-mail or by post to the intended recipient at its address set out in the Booking Form or to such other address as any Party may from time to time notify to the other Party.
14.2 Severability. If any provision of these Conditions and the Booking Form are rendered void, illegal or unenforceable under any law, the validity, legality and enforceability of that provision under any other law, and the validity, legality and enforceability of the remaining provisions, shall not in any way be affected or impaired thereby. Should any provision of these Conditions and the Booking Form be or become ineffective for reasons beyond the control of the Parties, the Parties shall use reasonable endeavours to agree upon a new provision which shall as nearly as possible have the same commercial effect as the ineffective provision.
14.4 Amendment. No modification or amendment of any of the provisions of these Conditions or the Booking Form shall be effective unless made in writing specifically referring to these Conditions or the Booking Form and duly signed by each of the Parties.
14.5 Non-Waiver & Other Remedies. No failure or delay on the part of India Inc. in exercising any right, power or privilege under these Conditions or the Booking Form. No course of dealing between the Parties shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. The rights, powers and remedies herein expressly provided are cumulative and not exclusive of any rights, powers or remedies, which the Parties would otherwise have. No notice to or demand on a Party in any case shall entitle such Party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the other Party to any other or further action in any circumstances without notice or demand.
14.6 Further Assurances. Each of the Parties hereto shall co-operate with the other Party and execute and deliver to the other Party such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, give effect to and confirm their rights and intended purpose of these Conditions and the Booking Form.
14.7 Survival. The provisions of these Conditions and the Booking Form that should survive by their very nature shall survive their expiration or termination.
14.8 Assignment. India Inc. shall be entitled to assign its rights or obligations under these Conditions or the Booking Form to any other person. However, Client shall have no right of assignment.