TERMS OF USE

Last updated: 01/02/2022

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms of Use” or “Agreement”).

These Terms of Use sets forth legally binding terms and conditions and the nature of services offered by www.weddingz.in (hereinafter referred to as “WeddingZ” or “Website” or “We” or “us”). The website is owned and operated by OYO Hotels and Homes Private Limited, a private limited company incorporated under the provisions of the Companies Act, 1956 and has its registered office at Ground Floor-001, Mauryansh Elanza, Shyamal Cross Road, Near Parekh Hospital, Satelite, Ahmedabad- 380015, Gujarat, India and its Corporate office at 3rd Floor, Orchid Centre, Sector 53, Golf Course Road, Village Haiderpur Viran, Gurugram-122002, Haryana, India (hereinafter referred to as “Company”).

The use of this Website (and any other feature, content or application offered from time to time by the Website) is subject at all times to these Terms of Use (and may be modified by us from time to time) and all applicable laws, rules and regulations. We recommend that before accessing and using WeddingZ, you must read and agree to these Terms of Use.

1. ACCEPTANCE OF TERMS

By accessing or using WeddingZ in any manner, including, but not limited to, visiting or browsing or registering on WeddingZ,you agree that you have read, understood and agreed to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, please do not access or use this Website. WeddingZ is not intended for use by minors or by any person who is not capable of understanding, entering into and adhering to these Terms of Use or any other related terms or policies. If WeddingZ has reason to believe that you are under the age of 18 years, we reserves the right (but is not obliged) to suspend or revoke access to the Website and to decline or cancel any bookings made using your Account (defined below). These Terms of Use may be modified, changed or altered by us at any time without prior notice. By agreeing to these Terms of Use, you hereby accept that you shall be responsible for periodically checking the changes and/or updates to these Terms of Use. It is agreed that your continued access to the Website after such changes are made, shall conclusively demonstrate your due acceptance of them.

FACILITATION

WeddingZ has relationships in place with Vendor to ensure that they provide customers with all the services in accordance with the Agreement and other applicable terms notified to vendors (“Vendor”). WeddingZ provides services through Vendor and connects the users and customers with the Vendor to avail all the services, in accordance with these Terms of Use. We stay involved with customer right from the time when a booking is made through the WeddingZ and throughout customers’ event, despite the Vendor being responsible for the services. Our goal is to ensure that customers have a comfortable experience through appropriate coordination with the Vendor.

USER RESPONSIBILITY

Users are advised to check the description of the services from Vendor carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed customer commitment form.

If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Terms of Use, including all rules and restrictions applicable thereto. In this regard, WeddingZ shall not be responsible in any manner.

The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services for each transaction.

Users also authorize OYO’s representative to contact such users over phone, message, WhatsApp and email.

PRICING

Prices published in the WeddingZ platform are dynamic in nature, and are subject to frequent changes.

ADVERTISEMENTS AND LINKS TO THE THIRD PARTY WEBSITES

The WeddingZ Platform may contain links to third party websites. WeddingZ does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User's risk and WeddingZ shall assume no liability for the same. If the advertisements or the content of the third party is found to be misleading, you are requested to contact the advertiser or the third party, and agree that WeddingZ will not be responsible for any misleading advertisement or content.

WeddingZ is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the service providers or the advertisers.

WeddingZ does not endorse any advertisers on its Platform, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.

The linked sites are not under the control of WeddingZ and hence WeddingZ is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. WeddingZ is providing these links to the Users only as a convenience. WeddingZ is not responsible for the privacy practices of such sites which WeddingZ does not own, manage or control.

2. USE OF THE WEBSITE

Any unauthorized use of and access to the Website is void and prohibited. By accessing and using this Website, you represent and warrant that (a) all registration information submitted by you is truthful and accurate; (b) you agree to maintain the accuracy of the information provided by you; (c) you are above 18 years of age; and (d) the use of the Website by you do not violate any applicable laws or regulations.

3. PLATFORM FOR TRANSACTION

WeddingZ is a tech-based platform that facilitates banquet owners and Vendor providing services across India to grow their business by increasing their visibility among potential customers and managing their sales. We have a wide variety of banquets and services available on the Weddingz.in Platform. WeddingZ is a platform to assist you to connect to Vendor in respect of all the services and products offered by them for wedding functions, corporate events or any other kind of event. You may use the Weddingz.in Platform to search for all the services offered by Vendor using the filters and other features on the Weddingz.in Platform. Please refer to the Contact Us section to speak to a member of our team who will try to help you find suitable banquets and services within your preferred budget and with your preferred amenities. You agree and acknowledge that:

(i) WeddingZ is not and cannot be a party to or control in any manner any transaction between you and the Vendor;

(ii) The price and other information posted on WeddingZ is provided on “as is” basis and is published as provided to us by the Vendor. WeddingZ takes steps to verify the price and other information as provided by Vendor, however it shall not be responsible for any variation in the price and /or information of the products and /or services listed on the Website;

(iii) WeddingZ does not assume any responsibility for the accuracy of the availability status of products and /or services;

(iv) Any price shared over recommendation email is tentative in nature and the final price may vary on the basis of date and /or menu selected;

(v) The cancellation policy and the payment terms as listed on the Website and /or communicated through any other medium are as provided by the Vendor and WeddingZ has no control over them;

(vi) Booking of products and /or services cannot be cancelled unless clearly specified by the vendor in their cancellation policy;

(vii) WeddingZ does not make any representation or warranty as to specifics (such as quality, value, delivery etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Website. WeddingZ does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. WeddingZ accepts no liability for any errors or omissions, whether on behalf of itself or third parties; and

(viii) In case there is a dispute between you and the Vendor, both the disputing parties will attempt to resolve the said dispute amicably. However, if the parties fail to resolve the said dispute, the parties will then refer the said matter to WeddingZ for an amicable solution. You agree that WeddingZ will make a decision at its own discretion and the said decision will be final and binding.

4. SEARCHING FOR BANQUETS

We have a wide variety of tasteful spaces available on the WeddingZ platform. You may use the WeddingZ Platform to search for, and book all the services offered by Vendor using the filters and other features on the WeddingZ platform. Please refer to the Contact Us section at the bottom of this page, to speak to a member of our team who will try to help you find a suitable space within your preferred budget and with your preferred amenities. You agree and acknowledge WeddingZ is not bound to offer any, or any particular, services on the WeddingZ platform and may choose whether or not to offer a service in its sole discretion.

Rankings: In the search results of the Weddingz.in Platform, the Listings are ranked based on various parameters which incorporate venue-level features, user preferences, type of search etc. The main and significant parameters are listed below:

i. User search parameters (e.g. the number of user searches, type of city etc.)

ii. Property characteristics (e.g. guest reviews and ratings, location of the venue, discount offered etc.)

iii. User’s preferences (e.g. preferred price, preferred amenities, rating preference, etc.)

The ranking of listings changes from user to user and may appear different on mobile applications and websites. The properties will be “boosted” in the listing/ranking as part of a program and will be tagged appropriately.

5. PERMITTED USES

WeddingZ declares that any material from this Website is not allowed to be copied or distributed, or republished, or transmitted in any way, without the prior written consent of WeddingZ. Any unauthorized use or violation of these Terms of Use shall immediately and automatically terminate your right to access and use this Website and shall further subject you to legal liability. You warrant to WeddingZ that you shall not use the Website for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and you agree that your right to use Website will terminate immediately upon your violation of this warranty.

WeddingZ reserves the right, at its sole discretion, to block or terminate your access to the Website and remove non-compliant information/content at any time, with or without notice in the event you are in non-compliance with these Terms of Use or WeddingZ’s Privacy Policy. WeddingZ will not host, store, or publish any unlawful information, which is prohibited under law in interest of the sovereignty and integrity of India, security of state, friendly relation with foreign states, public order, decency, or morality, or is in contempt of court, is defamatory or incites an offence regarding the above, or any other prohibited information and may remove or disable access to such information, voluntarily or upon receipt of a court order or on being notified by a Government agency. Such information may not be removed or access to it may not be disabled, if the information is temporary, transient, or intermediate storage of information is done in an automatic manner, which does not involve exercise of any human, automated or algorithmic editorial control by us. You hereby provide express consent and authorisation to WeddingZ to retain the information that has been removed or disabled to meet the requirement of statutory authorities and to comply with the applicable laws.

You agree, acknowledge, confirm and undertake that you shall not use the Website to host, display, upload, modify, publish, transmit, store, update or share any information/data that:

(i) belongs to another person and to which the user does not have any right;

(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to applicable laws;

(iii) is harmful to minors;

(iv) infringes any patent, trademark, copyright or other proprietary rights;

(v) violates any law for the time being in force;

(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

(vii) impersonates another person;

(viii) threatens the unity, integrity, defence, security or Sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States;

(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

(xi) is fraudulent or involves the use of counterfeit or stolen credit cards; and

(xii) any attempt of using the account, username, or password of another user, as applicable, at any time or disclosing your password, as applicable, to any third party or permitting any third party to access your account; shall not create any liability for WeddingZ.

If you contravene these Terms of Use (including without limitation the foregoing) or WeddingZ has reasonable grounds to suspect that you have contravened these Terms of Use (including without limitation the foregoing), WeddingZ has the right to indefinitely deny or terminate your access or usage rights to the Website immediately and/or remove non-compliant information and to refuse to honour your request(s) to continue accessing or using the Website.

Obscene Content: If you are exposed to or have concerns regarding the content on OYO Platform that: (a) is in the nature of any material which exposes the private area of an individual; (b) shows an individual in full or partial nudity; (c) shows or depicts an individual in any sexual act or conduct; or (d) is in the nature of impersonation (in an electronic form), such as artificially morphed images of an individual, then you (or any person on your behalf) may raise a grievance by reaching out to us on india.grievances@oyorooms.com.

WeddingZ is entitled to have automated systems and tools in place to improve its ability to detect and remove obscene, abusive or any other prohibited content (partially or fully) that violates these Terms of Use or that harms other Users or integrity of WeddingZ Services. You are prohibited from engaging in the following activities but are not limited to:

a. systematically retrieve data or other content from the OYO Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from WeddingZ;

b. make any unauthorized use of the Website, including collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

c. circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website and/or the content contained therein;

d. engage in unauthorized framing of or linking to the Website;

e. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

f. make improper use of our support services or submit false reports of abuse or misconduct;

g. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

h. interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;

i. attempt to impersonate another user or person or use the username of another user;

j. sell or otherwise transfer your profile;

k. use any information obtained from the Webiste in order to harass, abuse, or harm another person;

l. use the Website as part of any effort to compete with us or otherwise use the Website and/or its content for any revenue-generating endeavour or commercial enterprise;

m. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;

n. attempt to bypass any measures of the Webiste designed to prevent or restrict access to the Website, or any portion of the Website;

o. copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

p. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;

q. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism;

r. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software; and

s. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.

6. PRIVACY

WeddingZ is committed to protecting your information. Our Privacy Policy available on the Website provides details about the information we collect about you, how we use it and how we protect it. It also explains your rights and how to contact us if you have questions about how we use your information. Further, WeddingZ will, upon receipt of government order, or any order from the court or any competent authority, provide information or assistance to authorized Government agencies for verification of identity or traceability of the User, or prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law.

7. GENERAL DISCLAIMERS

The information, materials, services available on the Website may inadvertently include inaccuracies, typographical errors, or outdated information, WeddingZ is not responsible for and shall not be bound to honour typographical or pricing errors on the Website. WeddingZ reserves the right to refuse or cancel the Services at any time in which WeddingZ believes you have violated applicable laws or these terms, services that WeddingZ believes are harmful to them or services that WeddingZ believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. WeddingZ neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In relation to the Website and WeddingZ Services, WeddingZ expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the services and/or products.

WeddingZ shall not be responsible for the delay or inability to use the Website, unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, services, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, WeddingZ shall not be held responsible for non-availability of the WeddingZ services during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond WeddingZ’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. WeddingZ accepts no liability for any errors or omissions, with respect to any information provided to you.

Due to the nature of the Internet, WeddingZ cannot guarantee the continuous and uninterrupted availability and accessibility of the Website. WeddingZ may restrict the availability of the Website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Website. WeddingZ may improve, enhance and modify the Website and introduce new WeddingZ Services from time to time.

WeddingZ reserves the right to unilaterally terminate your use of the Website without notice or any liability for any breach of these Terms of Use.

8. COMMUNICATIONS

When you use the Website, you agree and understand that you are communicating with WeddingZ through electronic records and you consent to receive communications via electronic records from WeddingZ periodically and as and when required. WeddingZ may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that WeddingZ shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, WeddingZ will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Website, you agree that WeddingZ shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that WeddingZ shall not be held liable or responsible for 'phishing attacks' on you. You may accept or decline the cookies when you access the Website.

9. INTELLECTUAL PROPERTY

This Website and the content posted herein, which shall include but shall not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to WeddingZ; all comments, feedback, ideas, suggestions, information or any other content provided by you (hereinafter referred to as “WeddingZ IP”). You may not modify, publish, copy, transmit, transfer, sell, reproduce, modify, create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit WeddingZ IP in any other way.

You agrees that any feedback, comments, ideas, suggestions, information, or any other content which you contribute to WeddingZ or the Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for WeddingZ to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that You own or otherwise control all of the rights to the content that you may contribute to the Website and that use of such content by WeddingZ shall not infringe upon or violate the rights of any third party. WeddingZ reserves the right to suspend and/or terminate your use of the Website and exercise any remedy (legal or otherwise) available to it, if WeddingZ has reason to believe that you have violated the rights or terms of the Website or any third party.

10. INDEMNITY

Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to WeddingZ herein or any applicable laws or otherwise, and to the maximum extent permitted by law, you hereby undertake to defend, indemnify and hold the Company, its subsidiaries, affiliates, and each of its respective officers, agents, partners and employees, harmless from and against any loss, liability, claim, demand, including reasonable attorneys' fees, resulting from the violation of the Terms of Use, provided herein, by you or arising out of your use of the Website in violation of these Terms of Use.

11. LIMITATION OF LIABILITY

WeddingZ shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this Website or any of the information, software, services and related graphics contained within the Website or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if WeddingZ has been advised of the possibility of damages.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, WeddingZ’s ENTIRE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH USE OF THE PLATFORM OR ANY SERVICES SHALL BE LIMITED TO THE AMOUNT PAID TO WeddingZ FOR THE SERVICES GIVING RISE TO SUCH CLAIM.

You hereby waive any and all claims, causes of action, or the rights to bring such claims or causes of action, arising out of or related to the site, communication, or these terms and conditions after one (1) year from the first occurrence of the kind of act, event, condition, or omission upon which the claim or cause of action is based.

12. FORCE MAJEURE

WeddingZ shall not be responsible for failure or delay of performance caused by acts beyond our reasonable control including, without limitation, acts of God, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, outbreak of an epidemic and/or pandemic, natural disasters, severe damage or destruction to the property, imposition of lockdown by a Government, significant or partial restrictions, interruptions or malfunction of computer facilities, cyber-attacks, irretrievable breakdown of our Website, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest.

13. WAIVER AND SEVERABILITY

Any failure, delay or forbearance on the part of WeddingZ in: (i) exercising any right, power or privilege under this Agreement; or (ii) enforcing terms of this Agreement, shall not operate as a waiver thereof, nor shall any single or partial exercise by WeddingZ of any right, power or privilege preclude any other future exercise or enforcement thereof. Each of the terms contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

14. ASSIGNMENT

WeddingZ reserves the right to assign or transfer any of its rights and obligations (in whole or in part) under this Agreement to any affiliate or third party.

15. ENTIRE AGREEMENT

This Terms of Use, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between the parties relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.

16. GRIEVANCES

For any grievances: In case of any complaints or grievances in relation to WeddingZ Platform, you may reach out to:

Grievance Officer: Chetan Shridhar More, AVP- Safety & Security

Phone: 9313931393

Email: india.grievances@oyorooms.com

Address: 3rd Floor, Orchid Centre Near IILM

Institute, Sector 53, next to Sector 54, Gurugram,

Haryana 122022

You may provide the details or the communication link of any obscene or prohibited content to the above email ID. WeddingZ will take reasonable and practicable measures to remove or disable access to any obscene content from the WeddingZ Platform, within the timelines stipulated under applicable laws and regulations.

We will acknowledge the receipt of any complaint on receipt and will endeavour to address the complaint within the timelines stipulated under applicable laws and regulations.

WeddingZ may allocate a unique ticket number for complaints made by you, for complaints of a certain nature. If allocated, you must quote the said ticket number for future communication and to track the status of your complaint.

17. DISPUTE RESOLUTION

The Terms of Use, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of India. All disputes arising out of or in connection with this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be mutually agreed between the parties. The language of the arbitration shall be English and the venue of the arbitration shall be at New Delhi, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.

18. GOVERNING LAW and JURISDICTION

This Agreement and all transactions entered into on or through WeddingZ shall be interpreted, construed and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Agreement, the terms or any transactions entered into on or through the Website or the relationship between You and WeddingZ shall be subject to the exclusive jurisdiction of the courts at Delhi and You hereby accede to and accept the jurisdiction of such courts.

19. CONTACT US:

a. If You are a User, for any support, issues or grievance in relation to the use of the WeddingZ Platform, you may contact the grievance officer

b. If You are a Guest, for any booking related issues or any assistance, you may write us at- ceo@weddingz.in

c. If You are a Vendor/ Partner, please reach out to us via weddingz.content@oyorooms.com