okaza

okaza Terms of Service

okaza, is a registration platform enables people to use okaza for event/deal promotion, sale of tickets, travel packages, goods across the globe and also to share the same with their known people. This page contains our Terms of Services which will govern the use of okaza services.

1. Acceptance of okaza TERMS OF SERVICES

1.1 Basic Definitions

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the okaza Services. You are only authorized to use the okaza Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully before using this website. By using the okaza Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the okaza site) or you are a "Member" (which means that you have registered with okaza). The term "User" refers to a Visitor or a Member. Kindly print these terms of use or save a copy of these terms of service for your records. If you do not agree with any of these terms, you cannot avail of any of the okaza Services and you should leave the okaza site immediately. If you wish to become a Member, communicate with other Members and make use of the okaza Services, you must read this Agreement and indicate your acceptance during the Registration process. The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of okaza, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by okaza or chosen by the user or agreed upon by okaza. Therefore, only the authorized user has the right to access the services offered by okaza. okaza will not be responsible for any costs, consequences or damages caused to any persons or entities due to any unauthorized use of the services offered by okaza, including access of the said services by an unauthorized user using the user name and password of an authorized user, regardless of whether such unauthorized user is known to the authorized user.

The terms 'service' or 'services' would mean to include the interactive online solutions & information services offered by okaza on the internet/mobile through which the user may access information carried by okaza in the database maintained by it.

You agree not to copy, sell, resell, duplicate any part of okaza's services & solutions for commercial purposes.

These Terms of Service sets out the legally binding terms of your use of okaza and your membership in okaza and may be modified by okaza at any time and without prior notice, such modifications to be effective upon posting by okaza on the website. In the event of any inconsistency between our Privacy Policy and these Terms of Service, the Terms of Service shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

1.2 Eligibility

okaza services are available to all individuals who are at least 18 years of age. By registering to use okaza services, you represent and warrant that you are at least 18 years of age. okaza has the right, in its sole discretion, to suspend or terminate your use of okaza services and refuse any and all current or future use of all or any portion of okaza's™ services.

1.3 Modification

okaza reserves the right to alter, modify , replace or remove part of the Terms & Conditions without giving any prior notice. It is your responsibility to check the Terms of Services periodically for updates.

1.4 Service

okaza provides self-managed event organizing solutions to event organizers. Event organizers setup their event, fill up the details about their event such as event pricing, location, ticket inventory, attendee registration information collection and other such features. As used herein, "Customers" means okaza buyers, sellers and affiliates.

2 Seller(s)/Organizer Terms

okaza offers sellers/organizers a web-based solution to create events/product offerings, to sell ticket/programs/goods or provide payment solutions via the okaza-Websites for sellers to customers by using okaza to take on the payment process. In detail, okaza provides the following services to the organizer (each an "okaza-Service").

A web-based software through okaza-websites that allows event organizers to sell tickets to ticket buyer. The organizer has the option to create his/her own website for event ("event site") and to offer sale. The buyer can choose and buy on the event site directly.

Only the user and the organizer of an event are entering into an agreement regarding the event and the disposal of tickets/vouchers/confirmation/delivery of goods for that even/product. okaza only acts as a service provider for the organizer of an event by order and for account of this seller/ organizer. It is the seller/organizer's duty to advise and instruct the ticket buyers of their eventually existing right of objection according to the legal guidelines.

2.1 Payment and Fees

okaza products & services are available on the basis of transaction model.

2.2 Payment Processing Methods

okaza offers two types of payment processing option that an organizer can select while using okaza services 1. Direct Payment Collection "DPC" facility and 2. Credit card/Debit card processing through okaza's trusted Payment gateway partners.

2.2.1 Direct Payment Collection DPC and Service Fee

When organizers select DPC, Buyer and Organizer are bound by the terms of use governing the DPC service as both the Buyer and Organizer effect the monetary transaction through DPC service. The Payment made by Buyer will be collected by the Organizer under DPC option. Once Orgnaizer decides to use DPC as payment collection option, Organizer agrees to pay okaza all the service Fee as mentioned earlier. Along with this, organizer accepts the responsibility to provide refund to buyers. okaza is not liable or responsible for refunds. Hence, organizer agrees to fully indemnify okaza.in and its associates or affiliates for refunds , errors in issuing refund or any refund related issue while DPC option is used by the event organizer.

2.2.2 Credit/Debit Card Payment Processing through Payment Gateway

By opting this for payment processing, the event registration fee will be processed directly by okaza Payment Gateway Partners. okaza will collect the money on behalf of the organizer from each of the buyers and and will deduct okaza service fee from the collected amount and pass rest of the money to the Organizer within 5 Business days form the end of event day by Electronic fund transfer to the given bank account on the organizre's okaza dashboard. ( i ) Under Credit/Debit Card payment processing options through okaza, it is the responsibility of the organizer to communicate its refund policy to Buyers via the event page. ( ii ) Under the Credit/Debit card payment options, any chargebacks initiated by the buyer with respect to an event shall be charged back to the organizer of that event. All the issues, disputes and communication regarding the chargebacks are between the buyer and the Organizer of such event. okaza is not responsible for it. Hence, organizer is agree to fully indemnify okaza and its associates, affiliates for any chargeback issue.

2.3 Change of listing

If a product/service for which payment has already been made can be cancelled or changed (regarding date, time, venue or other important points), the organizer is responsible for making all these changes.

2.4 Accounting

The organizer has options of various payment processing method(s) (credit/Debit card, Direct Payment Collection DPC facility) to be offered to possible ticket buyers. In accordance to this choice, okaza undertakes accounting for the organizer and holds the money on a separate bank account. The organizer authorizes okaza to do so. okaza transfers the money received according to service pricing minus the fees payable to okaza within 5/6 working days to the organizer. The money has to be transferred to a bank account located in the country where the event took place and issued on the name of the organizer. For recurring events, okaza reserves the right to pay out money before the event. okaza reserves the right to change the number of days to transfer money to the event organizer at any time without notice. The organizer is aware of the risk that specific payment methods (direct debiting or credit card) can be reversed by the ticket buyers. The organizer bears this risk alone. If transactions are reversed after the payment to the organizer, these costs plus a fee for the reversed transaction as stated in the price list published on the okaza-Websites are charged to the organizer.

The organizer is obliged to raise objections, if any, against the accounts of okaza within four weeks after issue of the account. If not, the account is considered as being approved.

2.5 Prevention against fraud / mis use

If the organizer arouses suspicion of misuse of okaza-Websites, okaza has the right to deactivate the ticketed event of the organizer and to stop the ticket selling. In particular, a suspicion of misuse of the okaza-Websites is on hand, if it comes to attention before the event that the event shall not (or not in the way as stated in the ticket shop) take place; or illegal or immoral events shall take place. or If the organizer arouses suspicion of misusing of okaza-Websites, okaza has the right to delay the payout to the organizer even after 5 to 7 days for further 60 days. Within these 60 days okaza will check if an improper use of the okaza-Websites and / or okaza-Services occurred.

If a transaction arouses suspicious and if it is brought to okaza's notice, okaza reserve the right to suspend/pause/hold/cancel that transaction event without informing the organizer and organizer can't claim that money from okaza until okaza completes its own investigation to ensure that the transaction in question in not fraudulent.

2.5.1 Warranty of the organizer

The organizer warrants to okaza, that (i) there is no agreement between the organizer and a venue, or the owner or user of a venue, or a third party, which affects the organizer's use of the okaza-Services in accordance with these terms, (ii) the organizer is allowed to enter into this agreement with okaza, including the right to authorize okaza in accordance to these terms to act as an agent and to sell tickets for events of the organizer.

2.5.2 Duties of the organizer

The organizer has the duty to inform okaza immediately about unavailability or malfunctions of the okaza-Websites.

The organizer has the obligation to inform okaza immediately about every change of his name, company name, address, legal form or bank details in written form or via E-Mail. The organizer shall not use the okaza-Services for illegal or immoral events such as political or religious extremism, pornographic, or violent events.

The organizer shall not use the okaza-Services to upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; The organizer shall not use the okaza-Services to harm minors in any way; The organizer shall not impersonate any person or entity, including, but not limited to, an okaza representative, forum leader, or falsely state or otherwise misrepresent its affiliation with a person or entity; The organizer shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;

2.6 Duration

Furthermore, okaza has the exclusive right to cancel this agreement regarding the provision of okaza-Services in case of an important reason. In particular such an important reasons shall exist, if the organizer has contravened against important provisions of these terms; or the organizer has filed for bankruptcy, insolvency proceedings have been started or the start of the insolvency proceedings has been dismissed in default of assets; or circumstances occur that the organizer can not fulfill his contractual obligations against okaza or third parties in default of assets, and "in addition" the organizer gives no proof of sufficient assets within 30 days after request by okaza to do so.

2.7 Cancellation

If you desire to cancel your services, please email to [email protected] 30 days before expiry of the service. There is no cancellation fee. Once your account is cancelled, your Content may not be recovered. There will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.

2.8 Restriction for the usage of okaza services for DPC

As an event organizer who would want to use okaza services for various events/activities. You may not use the okaza services for activities:

2.8.1 that violate any law of the land, statute, ordinance or regulation

2.8.2 that relate to transactions involving narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, drug substance, items such as stolen goods including digital and virtual goods, encouraging, promoting, facilitating or instructing others to engage in illegal activity, items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, obscene items.

2.8.3 that items or digital goods that infringe or violate copyright, trademark, or privacy or right of publicity or proprietary right under the laws of the land.

2.8.4 that contain certain sexually oriented materials or services, contrabands, ammunition, firearms, or certain firearm parts or accessories, weapons , knives regulated under the law of the land.

2.8.5 that relate to showing personal information of third parties violating the law of the land, supporting pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, are associated with purchases of annuities or lottery contracts, gambling products or bills, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, are for the sale of certain items before the seller has control or possession of the item, are by payment processors to collect payments on behalf of merchants, are associated with the sale of traveler's checks or money orders, involve currency exchanges or check cashing businesses, provide certain credit repair or debt settlement services, credit transactions or insurance activities.

2.8.6 that involve the sales of products or services which are fraudulent.

2.8.7 that violate regulations laid down by industry or the state regarding the sale of tobacco product, drugs and devices.

2.8.8 hat involve gambling or any other venture that facilitates gambling, gaming and activities that requires to pay entry fee and prize such as casino games, sport betting, horse/greyhound racing, games of skill and sweepstakes.

3. Buyers and Non- Organizers Terms

When using DPC, Buyer and Organizer are bound by the terms of use governing the DPC service as both the Buyer and Organizer effect the monetary transaction through DPC service. The Payment made by you (Buyer) will be collected by the Organizer under Direct Payment Collection (DPC) option. Under this facility, Buyer would request for a refund from the organizer. All dispute and communication regarding refund and cancellation will be addressed by event organizer and okaza will not be responsible or liable for any refund, cancellation or error in issuing refund. Also, all communication regarding chargeback are between buyer and organizer. Hence, as a buyer, if you wish to get a refund related to an event, you are requested to contact the event organizer directly.

4 Affiliate Terms

4.1 Enrolling as an affiliate

To begin the enrollment process, you will submit a complete scheme application via our site or by direct paper based form submission. We may reject your application if we determine (at our sole discretion) that your site and/or service is unsuitable for the scheme.

4.2 Linking to our site

After you have enrolled as an affiliate, you can provide one or more links from your site to our site. We will provide you with special link formats designed for tracking and reporting for all links between your site and our site. You will be solely responsible for properly utilizing the link formats. We do not accept any responsibility for the incorrect use of the special links / link formats and therefore we shall not be accountable for any loss of fees as a result of your errors.

4.3 Commission / Event Organizer Commission

okaza offers an 'Affiliate Solution' to event organizers to offer an affiliate commission for referring customers to okaza who buy the event tickets/attendee registration. Subject to the terms and conditions of this Agreement, you will be paid commission for each customer referred from you or your site through the okaza link on your site or direct refer of customer to okaza, who successfully buy event ticket or register as paid attendee for the specific events.

If it is later found that the customer's purchase was refunded, we retain the right to withhold any payments to you resulting from that individual's purchases. The affiliate scheme relies on cookies to track customers. If for whatever reason, the customer isn't using cookies, or the cookie expires or the customer deletes the cookie, they cannot be tracked and you will not earn commission for any sales that customer may make. Our cookies are set to expire after one year. If at any time the commissions owed to you become less than the total deductions due to refunds as mentioned above the difference shall be immediately payable to okaza.

Commission may not be paid to an affiliate if the details we hold for that affiliate are not accurate. It is the affiliate's responsibility to make sure that okaza is notified of any change in their details such as email or address. We also reserve the right to cancel commission payments if we believe that there has been any fraudulent attempts to use the service.

4.4 Commission Schedule

You will earn an affiliate referral fee as of x percent (x%) which is payable to you at the end of each month provided that the commission owed is more than INR 2500.

4.5 Policies and operating procedures

Customers purchasing services from okaza through this scheme will be deemed to be customers of okaza. Accordingly, all okaza rules, policies, and operating procedures concerning the services will apply to those customers. We may change our policies and operating procedures at any time.

4.6 Limited License

We grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site as a scheme participant. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and / or reputation of okaza, failing which we may revoke your license at any time at our sole discretion.

4.7 Your Responsibility

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.

You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement. You acknowledge and agree that your Web site information (name, URL, traffic counts, etc.) may be utilized by okaza. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. The information provided by okaza to you may be proprietary in nature. You acknowledge that you are not a competitor of okaza, and agree not to share this information with any of our competitors. Any violation of these terms and conditions may cause us to terminate this agreement.

5 General Terms

Advertising Material okaza would not be held liable for any inappropriateness of the advertisement contents due to the dynamic nature of web, invisible/hidden contents, error, omission or inaccuracy in printed or digital form. okaza reserves the right to remove and/or reposition the advertising material.

6 Safe Harbor

Any statements contained within the Site concerning okaza's future prospects are forward-looking statements which involve a number of risks, uncertainties and other factors that could cause actual results to differ materially from those that may be projected by these forward looking statements. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the site.

7 Intellectual Property Rights

You agree that okaza owns all rights to the code, databases, visual-design and layout of the Service.

okaza claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

You may not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service.

You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of okaza.

You may not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the prior written permission of okaza.

8 Information Disclosure

To the extent required or permitted by law, okaza may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

9. Disclaimer of Warranties

You understand agree that the okaza services are provided on an "AS IS" and "AS AVAILABLE" basis and that the okaza does not assume any responsibility for prompt or proper delivery of services. okaza does not warrant that its websites will operate error-free or free of computer viruses or mal-functioning or harmful mechanisms. All the contents of website are only for general information or use. Such information does not constitute advice and should not be relied upon in making or derived decisions. Any specific advice or replies to queries in any part of the website are the personal opinion of users and are not subscribed to by okaza. This website assumes no responsibility for the accuracy or existence of any communications between users. okaza expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

ould not be relied upon in making or derived decisions. Any specific advice or replies to queries in any part of the website are the personal opinion of users and are not subscribed to by okaza. This website assumes no responsibility for the accuracy or existence of any communications between users. okaza expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

okaza makes no warranty that the services will meet your requirements, service will be uninterrupted, timely, secure or error-free. Certain links on website lead to resources located on servers maintained by third parties over whom okaza has no control or connection, business or otherwise as these sites are external to this website you agree and understand that by visiting such sites you are beyond this website. okaza therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.

Any material downloaded or otherwise obtained through the use of this website is done at your discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

10 Limitation of Liability

You agree that okaza shall, in no event, be liable for any consequential, incidental, indirect, special, punitive or other loss or damage whatsoever or for the loss of business profits, business interruptions, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use this website, even if okaza has been advised of the possibility of such damage.

The Venue, event organizers, events services 'marketplace' information provided on okaza are added by members. okaza doesn't verify, claim or guarantee authenticity of such information. okaza or ekta sapra is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.

okaza have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. okaza makes no representations or warranties as to the completeness or accuracy of Information contained on the website.

The service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that okaza shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the okaza. You further acknowledge that okaza's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall the okaza be liable for any special or consequential damages, loss or injury.

11 Indemnity

You agree to indemnify and hold okaza, its parent ("ekta sapra"), its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the website (including through the Share Service), your use of this website, your conduct in connection with this website or with other users of the website , or any violation of this Agreement or of any law or the rights of any third party.

12 Termination

You agree that okaza may terminate your Member Account and access to the site for reasons including, but not be limited to, breaches or violations of the Terms or the okaza Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your okaza Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.

13 Applicable Laws

All matters relating to your access to and use of the okaza site shall be governed by the laws of the Republic of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in New Delhi, India in all disputes arising out of or relating use of okaza. Use of okaza is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this para.

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