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Terms and Conditions ("Terms")

Last updated: ( 22/12/2017 )

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.BookArtisto.com , website, which has been designed, developed, owned and operated by “Book Artisto” a sole proprietorship concern in name of Ratnashen Mishra. .“Book Artisto” or www.BookArtisto.com or “website” or ‘us’ or ‘we’ refer to the owner of the website and the term ‘you’ refers to the user ,hosts, organisers , visitor or viewer of our website and in any manner you shall not have any rights/benefits of whatsoever nature in the website. By accessing and using the Site, you acknowledge and agree to the following terms and conditions without limitation or qualification, which shall stand binding upon you. If you disagree with any part of the terms then you may not access the Service.

- Upon your visit/ access to the site, it shall be implied that you have read and understood the entire contents and implication of the terms and have accepted / agreed to the terms and conditions mentioned herein and which shall constitute a binding contract between you and us.
- You are not entitled to use this website , if you disagree with these terms and conditions or any part of these terms and conditions The Terms herein shall apply to all users, hosts, organisers, visitor or viewer and any others person who access or use the website.
- Your age shall not be less than 18 years,
- By using this website you unconditionally agree to the use of cookies on specific terms and conditions set out in the privacy policy.
- You shall not be permitted in any manner to create any third party rights of your account in the website.
- If for the reasons of eligibility and any other reason you do not qualify to use the account, in such an event, you shall not be permitted to use the site and in the event, if, you are found using the site, it shall be considered as breach of the terms and conditions for which you shall be prosecuted.

Law: BookArtisto, reserve all its rights in/on the website and the other material contents therein under the intellectual property rights and other applicable laws of India.

License: Book Artisto hold the sole license of the website and unless expressly provided vide a written agreement the rights to the use of the website shall not stand assigned/transferred. Subject to your continued compliance with this Agreement, Book Artisto provides you, revocable, limited, non-exclusive, non-transferable, and non-sub licensable license to access and use to our site.

Contents: (a) Our Service allows you to create your profile, post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the any information, data, graphics, video, photograph messages or any contents of whatsoever nature that you have posted, uploaded, transmitted or made available through Book Artisto.

(b) The contents and the details provided / created in the user account should not be nor contain any obscene, vulgar, illegal or shall not be of objectionable nature.

(c) The contents can be viewed and can be downloaded for catching purposes only, the printouts of any contents can be done for your own personal use, however, the contents of the website should not be, except without permission be sold, rented, republished, redistribute or use for commercial and/ or any other purpose by the user. The contents/material of the website should not be edited, modified, copied or exploit for commercial or any other use.

(d) The contents of the website and its use therein, should not be unlawful, illegal, fraudulent, defamatory, or harmful, nor should be used for/and in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. The use of the website should not in any way cause damage the website itself or to its availability or accessibility to any third party.

(e). The user shall not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. Any use of the website for any type of data collection (systematic or automated) shall be only with the prior written consent of Book Artisto. The website at its sole discretion may restrict .use of any area of website or assess to the entire website.

(f) The contents in any circumstances should not be exploitative in nature

(g) The content shall not in any circumstances sell or promotes any products or services that are illegal in the location wherein the content is posted or received.

(h) The contents shall in any manner not violate or infringe any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.

(j) The content posted shall not discloses any personally identifying information or private information about any third parties without their prior consent.

(k) Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Subscriber Sites (or pages contained therein).

Service Termination: BookArtisto reserve its right to take all necessary legal action against person/user who commits breach of the terms and conditions thereof including and not limited to rights to delete profiles/contents , prohibit ,suspend, block the assess of yourself or of your IP address by requesting your IP service provider to block your assess or by restricting your assess by any other way. Further, you agree not to attempt to use the BookArtisto Services after your account has been deleted and all services have been terminated. BookArtisto reserve its right to assign any or all of its rights in the website without any intimation to the user on any terms and conditions as deem fit by the BookArtisto. BookArtisto also reserve its right to amend/revise any of its terms and conditions on this website in its sole discretion at anytime and without any intimation to the user. BookArtisto reserve its right to revise or change any terms and conditions which are in found to be in contravention of the law of land to the extent of the specific terms and conditions thereof without effecting any other of the contemporary terms and conditions herein. Any dispute arising out of the said agreement shall be referred to a sole arbitrator appointed by the choice of the BookArtisto only and subject to Mumbai jurisdiction.

Fees and Terms: BookArtisto will charge 10% of the remuneration received by the Artist as our service fee for each of his/her/their bookings. The User/Client will have to pay the artist's fees within 24 hours once the artist has accepted their booking request. If the user/Client fails to pay the amount for any reason , the booking might be cancelled. Bookartisto will not be responsible for any cancellation of the booking by the artist due to user not being able to pay the fees within the given time. The artist will receive 90% of his total fees within 2 working days after the succesful completion of his specific event/service. Bank Holidays or some emergency scenario might delay the payment for few days.

Cancellation And Refund Policy:

Artist/Entertainer non-performance information:-
- Before 48 hours of an event date – Rs. 5000
- Before 24 hours of an event date – Rs. 10,000
- Within 24 hours of an event date – Rs. 50000

In case User / Event Organiser cancels booking:-
- Before 48 hours of an event date – 90% money will be refunded
- Before 24 hours of an event date – 75% money will be refunded
- Within 24 hours of an event date – 50% money will be refunded


* Book Artisto reserves the right to modify service fees and rates, effective upon posting on the website.

Any dispute on refund should be addressed by the parties to Book Artisto in writing within 30 days from the date of cancellation, if the claim is not made under the said mandatory period than it would be considered as a waiver of your rights and the amount ,if any , finally decided by Book Artisto shall be the final and binding refund amount without any dispute.

* We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.

Subscriptions:

Some parts of the Service are free and some part of the services billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring use or subscription. Details are herein below:-

- Standard subscription is an annual subscription which is free of charge and is available to every artist merely on creating an account with Book Artisto.

- Premium subscription registration is a package wherein artists are charged with Rs. 5000/- per year.

- VIP subscription: - VIP subscription is available to the privileged artists which pay annual charges of Rs. 10,000/- to Book Artisto.

The above subscription will continue during the duration as provided , unless and until you cancel your subscription or we terminate it, however the said subscription are non- refundable subscription and the cancellation/termination will not entitle any refund of charges ,either in full or in part. Services are provided on the basis of facility and equipment availability. Book Artisto reserves the right to modify, change, or discontinue any aspect of the Services at any time. Access to the web and email servers is terminated upon expiry of the Service.

Payment Of Any Taxes Or Any:- Any governmental charges or semi government charges imposed by state or centeror any other semi Government authority shall be paid by the user or the clients etc. and a copy of the payment challan or certificate copy shall be provided to Book Artisto

Legal Action Against Default And Fraud:-

Book Artisto reserve its right to take all necessary legal action against Artist , users , clients who commits breach of the terms and conditions hereof including and not limited to rights to prohibit ,suspend, block the assess of yourself or of your IP address by requesting your IP service provider to block your assess or by restricting your assess by any other way. If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, Book Artisto reserves the right to put your domain name into "Registrar Hold" status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.

Governing Law:- All the terms and conditions of Book Artisto are governed by the Law of India and Book Artisto reserve all its rights in/ on the website and the other material contents therein under the intellectual property rights and other applicable laws of India.

Termination:-

“Book Artisto” may terminate or suspend access to our services , immediately without the prior notice , penalty or liability to ourselves , for any reason whatsoever or suspend the Service for technical reasons or to maintain network equipment or facilities, , including without limitation , if you breach any terms or if the contents are found to threatened legal action against “Book Artisto” without getting into the merits of the content You agree that it may be necessary for us to temporarily .

Infact, All provisions of the terms which by their nature should survive termination, shall survive termination, including, without limitation, ownership provision ,warranty disclaimer , indemnity and limitations of liability. Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information or unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that “Book Artisto” determines to be harmful to its other users and clients , or for any breach of this agreement.

Assignment And Changes / Alterations:- “Book Artisto” reserve the right, at its sole discretion, to modify or replace /amend these Terms at any time. If a revision is material in effect, BookArtisto reserves its right to decided at sole discretion without any interference from any user or client and we will try to provide at least 30 days' notice prior to any new terms taking effect. In the event of any terms and condition are found to be in contravention of the law of land to the extent of the specific terms and conditions thereof, without affecting any other contemporary terms and conditions herein.

Liability and Indemnity: The Service provided by Book Artisto is on an "as is" and "as available" basis and its usage is at your own risk. We make no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through Book Artisto and thus we don’t take any responsibility of the contents displayed on the site. It is advisable that the correctness of the contents have to be verified by the users/hosts/organizers individually/personally on their own. Book Artisto will not be liable for any reasons to you for any direct, indirect, incidental or consequential damages or social and economic loss arising out of use of the site Any use of the website or any area thereof, will not give any right of whatsoever nature to raise any claim, damages, losses etc. against the officers, employees etc. or any person associated with the day to day activity of the Book Artisto. The user also will not have any personal claims against any officer, employees or any person associated with the day to day activates of the Book Artisto The user also indemnify Book Artisto against losses, damages, claims, costs, expenses of whatsoever nature towards any third party arising out of the breach of any of the terms and conditions or for any illegal or unlawful use of the website.
Any information that we collect is not shared with or sold to any third party without the consent of the user or artist. BookArtisto will take appropriate steps to protect the information you share with us. Please Note that www.BookArtisto.com tries its best to collect data from the most authentic source. However, at any stage, www.BookArtisto.com is not liable for any loss, monetary or otherwise, resulting from the usage of their data.

Unenforceable Provisions: If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

Force Majeure: Book Artisto will not be liable for any delay, interruption failure or loss or damage caused in the provisioning of services, if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay services.

Waiver: No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Notice: You agree that, unless other instructions are posted on our website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the contact information that you have provided to us, All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

Dispute Resolution /Jurisdiction: Any dispute arising out of the said agreement shall be referred to a sole arbitrator appointed by the choice of the Book Artisto only and subject to Mumbai jurisdiction.

Entire Agreement This Agreement, as may be modified from time to time and posted at http://www.BookArtisto.com/termsofuse.html/, represents the whole agreement and understanding between us with respect to the services and supersedes any other agreement whether written or oral agreement.