Terms & Conditions For Venue Partners
These terms and conditions (the “Terms”) of Weddingz.in (hereinafter referred to as “Our”/ “We”/ “Us”/” Weddingz) set forth legally binding agreement and form part of the Agreement executed between Partner (“yourself”) and Weddingz. The Terms also apply to all applications operated by www.weddingz.in (“website”) or by Our affiliates that link to these Terms and related online and offline services thereto.
Upon acceptance of the Terms by You, You hereby agree to have read and understood the Terms and to fully comply with all the provision contained herein (and as may be amended from time to time) and affirm that the Terms form part of the Agreement.
1. SERVICES PROVIDED BY WEDDINGZ
1.1. List the Venue on a premium spot on the Website to grow sales.
1.2.Periodically organize promotional activities for the Venue such as food tasting events and/or any other promotional activity/events including the Venue in its print campaign (as and when they happen) and also writing reviews/blogs about the Venue as mutually agreed between Weddingz.in and You
1.3.Generate corporate sales for the Venue and help in getting corporate events and bookings at the Venue subject to additional terms and conditions as may be mutually agreed.
1.4.Weddingz.in reserves the right to list the Venue on its Website even post expiry of the Agreement, and the Partner shall be deemed to have given unconditional and irrevocable permission to Weddingz.in for the same.
2. Scope of Services by Partner
2.1.Responsible for maintaining and up keeping the Venue and to ensure smooth functioning and running of all operations within the Venue for hosting of events/functions at the Venue.
2.2.Ensure availability of adequate security, electricity provision, valet parking facility and all other housekeeping facilities on the day of the event/function.
2.3.Undertake and be responsible for obtaining any and all licenses/permits/clearances/NOCs from the relevant government authorities that may be required to host the event/function at the Venue and/ or to operate the Venue and shall timely renewals of such licenses/permits/clearances/NOCs as may be required, from time to time.
2.4.Responsible for providing office space and infrastructure for the Designated Sales Manager as well as any other Weddingz.in sales representatives/manager as may be requested by Weddingz.
2.5.Agrees that Weddingz.in will not be accountable or responsible for any service related issues and/ or customer dispute that may arise with respect to or in relation to the event/function. In case where there is any complaint from the client due to any service related issues, the Partner shall be solely responsible and shall keep Weddingz.in indemnified against all such disputes.
2.6.Ensure delivery of commitments as per clause 4 of this Agreement and shall not cancel any bookings made through the Weddingz.in website at any time.
2.7.Renewal of the AMC contracts for HVAC on a time to time basis without any demur and shall produce the same to the Weddingz.in at the time of signing the Agreement.
2.8.Furnish details of all the bookings done by the Partner for the functions scheduled post Execution Date as intimated by Weddingz.
2.9.Allows Weddingz to send generic communication or information pursuant to the Agreement through WhatsApp and email via mobile no. and email id provided by you and your designated representative.
2.10.The Partner shall solely be responsible to collect the remaining amount of the Deal Amount from the customers through all channels. In exceptional cases if required, it is hereby clarified that Weddingz.in reserves a right but not the obligation to collect the remaining amount on Partner’s behalf.
2.11.In all cases where Weddingz.in, Service Fees is on an amount less than the actual received from the customer on account of GST deduction, the Venue Partner is liable to furnish a copy of the customer invoice to Weddingz on the same day of receipt of such intimation from Weddingz. In case, the Venue Partner fails to furnish the same within the agreed timeline as intimated by Weddingz, the Venue Partner shall be liable to pay the whole amount as accrued to Weddingz for that particular event. Weddingz reserves the right to terminate the Agreement forthwith without incurring any liability whatsoever in case the Venue Partner fails to rectify such default(s) even after regular intimation by Weddingz for such scenarios.
3. DELIVERY COMMITMENT TO CUSTOMERS
Weddingz.in assures customers of delivery of commitments. Pursuant to accepting any booking, the Designated Sales Manager or any other officer appointed by Weddingz for this purpose will document all commitments made to the customers under the booking commitment form (“BCF” as provided in Annexure B) and share the same with the Partner. The Partner shall ensure fulfilment of all such commitments in the manner recorded in the BCF. Once acknowledged by the Partner, the Partner shall deliver and conduct the event as per the BCF. The Partner shall appropriately compensate the customer in case of failure to deliver and/ or under-delivery on any commitments made to the customer or BCF.
4. COMMITMENTS UNDERTAKEN TOWARDS WEDDINGZ
The Partner shall be liable to meet all its commitments that are undertaken prior to termination and clear all the payments due to Weddingz.in within the next 7 business days from the termination of the Agreement. It is hereby clarified that ‘payments due to Weddingz.in’ will include payment due from all the events that have been hosted at the Venue before the termination of the Agreement and also payment due from the events whose bookings have been made by the customer prior to the termination of the Agreement.
5. LICENCE OF INTELLECTUAL PROPERTY
You undertake not to use, advertise or authorize the use of Weddingz.in name or trademark or any other Intellectual Property for any purposes other than performance of its obligations under the Agreement and in the manner agreed by Weddingz.in in writing. You undertake to hold harmless and indemnify Weddingz.in and/or its Affiliates for any use by the You of the Intellectual Property otherwise than in accordance with the Agreement. You further hereby grant Weddingz to use name, trade mark or any other Intellectual Property of yours for the performance of services in accordance with the provision of the Agreement.
6. REFUND ON CUSTOMER CANCELLATIONS
You shall be solely liable to refund the amount to the customer/ clients in the event of any customer cancellations . Weddingz.in shall not be liable or responsible in case of any default done by you, and You shall indemnify against any and all claims brought against Weddingz.in by the customer in this regard.
On account of mis-representation from You / or any default attributable to you including but not limited to lack of proper licenses to hold an event etc., and/ or due to any bonafide Venue issue [e.g. Venue sealing, Venue damaged post booking, or any other instance of non-fulfillment of your obligation], You shall refund all customer payment without any delay to the customer and shall indemnify Weddingz.in against any and all claims brought against Weddingz.in by the customer in this regard.
7. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that you have full power and authority to enter and perform its obligations under the Agreement. You further represent and warrant that you hold all licenses and/or consents necessary under all Applicable Laws to perform the obligations under the Agreement. You represent not to be insolvent, or bankrupt, neither has assigned any or all substantial part of its business or assets for the benefit of creditors, appointed any receiver/ceased its business, nor is subjected to any legal proceeding.
8. DISCLOSURE AND CONFIDENTIALITY
You understand and explicitly acknowledge that the Confidential Information is valuable, confidential and proprietary information of Weddingz and that any misappropriation, disclosure or misuse of such Confidential Information might cause severe damage to Weddingz. You hereby agree to fully indemnify and hold harmless Weddingz in event of breach committed by You with respect to Confidentiality as well as Intellectual proprietary rights of Weddingz. This clause shall survive in perpetuity.
9. COMPLIANCE WITH LAWS
You agree to comply with all Applicable Laws necessary for performing the obligations under the Agreement.
Weddingz reserves the right to assign its rights and obligations to any other third party as per by providing written intimation to You. You shall not assign your rights under the Agreement to a third party without the prior written approval of Weddingz.in.
11. NO AGENCY
The Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement. Neither Party shall have the right to, nor represent that it has, any authority to make any commitment on the other Party’s behalf.
Any notice or other communication required or permitted under the Agreement shall be in writing, in English language, and shall be deemed to be validly given and effectively served upon when and if (i) delivered personally, (ii) mailed by registered or certified mail, or (iii) transmitted through courier service at the addresses provided by each Party under the Agreement.
In case any provision of the Agreement becomes invalid or unenforceable, the Parties shall remain bound by the remainder of the Agreement and replace the invalid or unenforceable provisions with new provisions having a similar effect to the maximum extent possible.
14. ENTIRE AGREEMENT
The Agreement along with the Terms stipulated herein constitutes the entire agreement between the Parties and embodies all the terms and conditions agreed upon between the Parties, and supersedes and cancels in all respects all agreements and understandings previously made between of the Parties, whether oral or written, in relation to subject matter contained herein.
Neither failure nor delay by a Party to enforce at any time any one or more of the terms or conditions of the Agreement shall operate as a waiver thereof, or of the right to subsequently enforce all terms and conditions of the Agreement. Any waiver given by a Party is only in relation to a specific breach for which the waiver was given expressly in writing.
16. NON – SOLICITATION AND NON-HIRE OF OYO EMPLOYEES
During the Term of the Agreement and 6 (six) months post expiry of such Tem, the Venue Partner hereby agrees not to either directly or indirectly solicit or entice away or endeavor to solicit or entice any personnel employed by OYO for any reason whatsoever.
17. OTHER TERMS
After the expiry of the Term of the Agreement, the Agreement shall stand auto-renewed for an additional term of one (1) year, unless either Party communicates in writing its intention not to renew the Term to the other Party, at least thirty (30) days prior to the expiration of the Term.