The Terms of Use (“Terms”) create a legally binding agreement for you to avail the services offered by Open Mic Delhi Events. (“Open Mic Delhi Events”). Open Mic Delhi Events 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 Unmukt Studio, RZB 214- Block A, Raj Nagar I, New Delhi – 110045 (“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.
Open Mic Delhi Events, User, and the Organizer will be individually referred to as Party and collectively as Parties.
User Right
Subject to compliance with these Terms, Open Mic Delhi Events 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.
Organizer Right
Subject to compliance with these Terms, Open Mic Delhi Events grants the Organizer 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 with their username and a password or can also sign in using any of their social media or third-party sign-on services (“Account”).
Organizer’s Brand and Event Page
The Organizer 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, Open Mic Delhi Events may collect additional information from the Organizer for verification purposes. This information may be used to verify the Organizer’s identity, the validity and/or legality of the transactions, and/or whether the Organizer is qualified to use the Platform for publishing their events. The Organizer 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 Organizer 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 than 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 Organizer 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 Organizer in violation of applicable laws and regulations, including but not limited to the 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 Open Mic Delhi Events and the Users immediately after such notice.
If Open Mic Delhi Events informs the Organizer or the User that a specified activity or purpose is prohibited with respect to the Platform, the Organizer 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 Organizer. The User directly enters into an agreement with the Organizer.
The Organizer shall ensure to publish only authentic events on the Brand Page. Open Mic Delhi Events strictly prohibits any Organizer to republish or resell the tickets of any event that has been already published by another Organizer 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. Open Mic Delhi Events is 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; (d) the restriction of entry of the User to the event venue; (e) any purchase of tickets by the User, by directly contacting the Organizer 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 Organizer outside the Platform.
Upon the purchase of the tickets by the Users, Organiser 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 Organizer at the event venue prior to the event. The Organizer agrees to unconditionally accept, and honor all the ticketing commitments to all the tickets that have been confirmed by Open Mic Delhi Events through their Platform. The Organizer shall verify the QR code using the ticket verification app provided by Open Mic Delhi Events 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 Organizer.
Third-Party Websites
Organizer 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. Open Mic Delhi Events shall not be responsible for the contents of such third-party websites. Open Mic Delhi Events 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 Open Mic Delhi Events. Such links are provided only for the convenience of the Users and Organizers.
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 Organizer (“Base Price”). Open Mic Delhi Events shall collect directly from the Users the Base Price as well as a transaction fee as specified in the pricing schedule published on the Open Mic Delhi Events website, for every ticket booked through the Platform (“Booking Fee”). The Base Price and the Booking Fee are collectively called the “Event Registration Fee”. The Organizer authorizes Open Mic Delhi Events to process the Event Registration Fee through Open Mic Delhi Events’ 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, Open Mic Delhi Events shall withhold the payments to the Organizers for 2 days post the event to see if there are any complaints from the Users relating to the event (“Withholding Period”). Upon receiving complaints, if Open Mic Delhi Events in its sole discretion believes that the event published by the Organizer is or is likely to be in violation of these Terms, Open Mic Delhi Events will refund the Base Price to the Users with or without notice to the Organizer. On completion of the Withholding Period without any complaints, Open Mic Delhi Events shall transfer the Base Price to the Organizer. The amount shall be transferred to the Organizer’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.
Open Mic Delhi Events 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 Organizer with respect to any refund-related queries. The Organizer may include a refund policy
on their Event Page.
Intellectual Property
The Organizer acknowledges and agrees that Open Mic Delhi Events is the sole and exclusive owner of all rights, titles, and interests, including all intellectual property rights in the Platform. Open Mic Delhi Events acknowledges that the Organizer shall be the sole owner of all rights, titles, and interests, including all intellectual property rights in the event(s) published by the Organizer on the Platform.
The Organizer acknowledges and agrees that Open Mic Delhi Events shall have the right to use the Organizer’s name and logo to promote the services provided by the Platform.
Data Protection
The Organizer and User acknowledge and agree that Open Mic Delhi Events may collect and process their personal data for providing the services on the Platform. Open Mic Delhi Events is committed to protecting the personal data of the Organizer and User and shall take appropriate technical and organizational measures to protect their personal data. The Organizer and User agree to comply with the applicable data protection laws, including but not limited to, the General Data Protection Regulation (GDPR) and the Information Technology Act, 2000, and any amendments thereto.
Limitation of Liability
To the maximum extent permitted by applicable law, Open Mic Delhi Events shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) the use or inability to use the Platform; (b) any unauthorized access to or use of the Platform or the servers hosting the Platform; (c) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party; (d) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform; and/or (e) any cancellation or postponement of the events published on the Platform.
Indemnification
The Organizer and User agree to indemnify and hold harmless Open Mic Delhi Events, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) the use of the Platform; (b) any breach of these Terms; (c) any violation of applicable laws, rules, or regulations; (d) any violation of the rights of any third party, including intellectual property rights; and/or (e) any cancellation or postponement of the events published on the Platform.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ahmedabad, Gujarat.
Amendments
Open Mic Delhi Events reserves the right to modify these Terms at any time. The Organizer and User will be notified of any material changes to these Terms. By continuing to use the Platform after such modifications, the Organizer and User agree to be bound by the modified Terms.
Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Open Mic Delhi Events
Unmukt Studio, RZB 214- Block A,
Raj Nagar I, New Delhi – 110045
Email: contact@openmics.in