TERMS OF USE OF SITE
Domain name glowupwithmanisha.com here in after referred to as “Website”) is owned by Glow up with Manisha (Mumbai)(hereinafter referred to as “GWM” or “Company”)
These terms and conditions supersede all previous representations, understandings, or and shall prevail not withstanding any variances with any other terms you agree to be bound by these terms and conditions.
ABOUT WEBSITE
GWM website the content, creative, artists, sponsors and eventrelated information are the sole property of the GWM and third party site or third party links or information are placed on the site for uses to view for general purpose and knowledge purpose only, and all the third party link and information rights are of respective third party only.
The content and the creatives of event, artist and sponsors, services placed on the website will also have the limited or group information which is related to GWM events purpose only. And the decision will be taken by “GWM Authorities”
TERMS OF USE
1. These Terms sets forth the terms and conditions that apply to the use of the Website by the User. By using this Website, the User agrees to comply with all the Terms hereof.
2. The right to use the Website is personal to the User and is not transferable to any other person or entity.
3. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. The User understands and acknowledges that due to the circumstances both within and outside the control of the Company, access to the Website may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company shall also have the right to discontinue disseminating any portion of information or change any category of information or eliminate any transmission method and may change transmission speeds or other signal characteristics.
4. The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Website.
5. Links to third party sites are provided by web site as a convenience to the User and the Company does not have any control over the content and resources provided by such websites. They do not signify that we endorse the website(s). The Company has no responsibility for the content of the linked website(s).
6. The primary ticket to attend the event (name mentioned on it) should be present along with the ID proof to gain entry into the venue; failure to produce an ID proof will result in denial of entry to the venue.
7. The User will get a receipt of particular event on payment of respective amount paid by user which are inclusive of government taxes.
8. The Company and Organisers reserve the rights of frisk and restrict entry.
9. The Company do not take responsibility for the loss or theft of any personal belongings at the event venue or on the way of reaching event venue. The Company does not take responsibility for any kind of physical assault or hurt resulted on reaching the event place or after returning from an event place.
10. In case any tickets/gate pass are found to be tampered, the organizers reserve the right to refuse entry. Tampering of tickets/ gate passes will strictly not be tolerated.
11. To avoid inconvenience, please reach the venue 1 hour prior to entry time.
12. The Company reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. The Company will not be responsible to the User for a refund, in whole or part, for any reason unless indicated by the Organiser. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
MODIFIED TERMS
The Company reserves the right at all times to discontinue or modify any of its Terms and/or the Privacy Policy as may be deemed necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. Further, if the Company makes any changes to the Terms and Privacy Policy and the User continues to use the Website, the User is impliedly agreeing to the Terms and Privacy Policy expressed therein. Any such changes, deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of the Website by the User after such notice shall be deemed to constitute acceptance by the User of such modifications.
COMMUNICATIONS
1.The Website may contain services such as email, chat, bulletin board services, information related to recommendations, news groups, forums, blogs, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as “Communication Services”). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. The User agrees and undertakes that when using a Communication Service, the User shall not:
a. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
b. upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;
c. upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
d. advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
e. conduct or forward surveys, contests, pyramid schemes or chain letters;
f. download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;
g. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
h. violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
i. violate any applicable laws or regulations for the time being in force in or outside India; and
j. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
2. The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted through Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate the User’s access to any or all of the Communication Services at any time without notice for any reason whatsoever.
3. The Company reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
CANCELLATION OF ANY EVENTS
The Company reserves right to cancel any event/postponed due to any uncontrolled happening of event or act of God and in no circumstances, company shall be held responsible for damages or losses or any refund. The Company will put their best efforts for arranging event smoothly without any delay and latches.
WARANTIES AND LIABILITES
1. The company has endeavoured to ensure that all the information on the website is correct, but the company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. The company makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
2. The Company shall make reasonable commercial efforts to ensure that the description and content on each page of the Website is correct, it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein.
3. The Company does not endorse any advertiser on its website in any manner.The User is requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
4. In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the Services; (c) unauthorized access to or alteration of the user’s transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website.
5. Neither shall the Company be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services 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.
6. Further, the Company shall not be held responsible for non-availability of the Website 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 the Company’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of the Company arising under any circumstances, in respect of any services offered on the Website, shall be limited to the refund of total amount received from the User for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
7. In consideration of being permitted to access and use the services, you hereby agree to release the company, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other organisers, users, and other non-organisers) in connection with the services, your access and use of the services, or your event.
GWM LIBILITY
We are not responsible for typographical errors, reflected on the Website may be due to some technical issue, typographical error or information published may be incorrectly reflected.
This Website, all the content and Creative’s, third party site links (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we will not be liable to in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. “GWM”does not warrant that: this site; information, Content, included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components
• This Website will be constantly available or available at all;
• The information on this Website is complete, true, accurate or non-misleading;
TERMINATION / ACCESS RESTRICTION
1. The Company reserves the right, in its sole discretion, to terminate the access to the Website and the related services or any portion thereof at any time, without notice. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of the Terms, or any general legal principles to the contrary, any provision of the Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of the Terms.
2. It is agreed by the User that most of the content and some of the features on the web site are made available to the User free of charge. However, the Company reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of the Company and/or other visitors to the Website. The Company reserves the right to limit, deny or create different access to the Website and its features with respect to different Users or to change any of the features or introduce new features without prior notice.
USER CONTENT
“GWM” may allow users to the Sites to post reviews and comments of content and Creative’s, enquiries and post their feedback, on the Sites. By submitting such Content, you automatically agree and promise that all Content is accurate and original and that, without any particular time limit. Additionally, you grant “GWM” the right to use the name you submit in connection with such Content. We do not warrant that the content of this Website is accurate, complete, or error-free and assumes no liability in this regard.
We do not endorse any user content. Users to the Sites are prohibited from posting through the Sites any harmful, vulgar, obscene, profane, sexually explicit, abusive, threatening, privacy invading, libellous, racially, ethnically, or otherwise objectionable or unlawful content of any kind, or that infringes or may infringe on the intellectual or other rights of another. You acknowledge that “GWM” does not endorse, but that “GWM” and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is available via the Websites. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content posted by you.
You will be required to enter a valid contact details while posting enquiry or feedback on the Website. By registering your contact details with us, you consent to be contacted by us via phone calls and/or SMS notifications and/0r WhatsApp messages and/or Emails. We may update you with more related information only through the contact details provided by you.
Users who are coming on the website provided the information just for the users who are viewing the site for general purpose and knowledge purpose only. If you have any feedback than you may contact us and send us your valuable inputs.
CHANGES TO THESE TERMS OR OUR SERVICES.
We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:
• Changes to the law or regulatory requirements.
• Security or safety reasons.
• Circumstances beyond our reasonable control.
• Changes we make in the usual course of developing our Services.
• To adapt to new technologies.
We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.
CHANGES OF DATE OR PLACE OF EVENTS
The GWM Website hereby reserves right to change the Date or Place of event organized through their website at any time on happening of any uncontrolled event or act of God. On no occasion GWM will be held responsible for damages or losses causes due to change of date or place of event.
PAYMENT
The Company reserves the right to change booking amount for certain bookings using the Services. The Company further reserves the right to alter any and all fees from time to time, without notice. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Services.
REFUNDS/CANCELLATION/TRANSFER
1. In the event, an event is cancelled due to natural calamities or act of God or for whatever reason, the Company will refund the amount subject to deduction of taxes, levies paid to Government Authorities.
2. In case of any Event Postpone, no refund will be initiated and you have to attend the event on that particular date. (Conditions varies for different events).
3. In case event users are not available on the date of event or event users are not able to attend the event for any reason whatsoever, the amount paid to the company are non-refundable and non-transferable.
INTELLECTUAL PROPERTY RIGHTS
1. The Company may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by the Company and shall not copy, transmit or create derivative works of such material without express authorization from the Company.
2. The Company is the sole owner or lawful licensee of all the rights to the website and its content. “Website Content” shall mean its design, layout, text, images, graphics, sound, video etc. The Website Content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website Content shall remain with the Company, its affiliates or licensor’s of the Company’s content, as the case may be.
3. All rights, not otherwise claimed under this Agreement are hereby reserved. The information contained in this Website is intended, solely to provide general information for the personal use of the User who accepts full responsibility for its use. The Company does not represent or endorse the accuracy or reliability of any information, or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by the User as a result of an advertisement or any other information or offer in or in connection with the Services.
4. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
5. The Company does not have any express burden or responsibility to provide the User with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked.
6. All related icons and logos are registered trademarks or trademarks or service marks of the Company in various jurisdictions and are protected under applicable copyright, Trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
7. The trademarks, logos and service marks (“Marks”) displayed on the Websiteare the property of the Company and other respective persons. The User is prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of the Company or such third party which may own the Marks.
8. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
9. All information and content including any software programs available on or through the Website including the Website Content is protected by copyright. The User is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Website Content available on or through the Website for commercial or public purposes.
10. The Website contains copyrighted material, trademarks, trade secrets, patents, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws.
11. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
12. In addition, use of the Website Content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of the User’s access to and use of the Services, the User agrees not to use the Website Services to infringe the intellectual property rights of others in any way. The Company reserves the right to terminate the account of the User upon any infringement of the rights of others in conjunction with use of the Company’s Service, or if the Company believes that the User’s conduct is harmful to the interests of the Company, its affiliates, or other users, or for any other reason in the Company’s sole discretion, with or without cause.
13. The Company reserves the right to remove from the Website any content that is alleged to infringe someone’s copyright.
14. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.
COPYRIGHT COMPLAINTS
If you believe that your intellectual property rights have been infringed, please send notice to the address or fill out Contact Us form.We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate on website
Written claims concerning copyright infringement must include the following information:
• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
• A description of the copyrighted work that you claim has been infringed upon
• A description of where the allegedly infringing material is located on our site so we can find it
• Your address, telephone number, and e-mail address
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf
PROHIBITION OF UNLAWFUL USE
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by the Terms including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party’s use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
MODE OF PAYMENT
Card, UPI or Bank Transfer, Third Party Gateways, or any other mode payment as mentioned under given policy. In the event registered event user are paying through third party gateway than the respective third party payment gateway charges will be applicable.
APPICABLE/ GOVERNING LAW
This site https://glowupwithmanisha.com/ is owned, The laws of India shall apply and Courts in Mumbai in exclusion of any other courts shall have jurisdiction in respect of all the terms, conditions and disclaimers GWM Mumbai reserves the right to make changes, amendment, addition or deletion to the website and the terms, conditions and disclaimers at any time and without notice to you. For all matters related to or arising out of this policy, the Courts of Mumbai shall have exclusive jurisdiction.
MISCELLANEOUS
1. If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
2. The Terms and the relationship between the User and the Company will be governed by the laws as applicable in India.
3. Except as otherwise, expressly provided in these Terms, there shall be no third-party beneficiaries to the same. These Terms constitute the entire agreement between the User and the Company and governs the User’s use of the Site, superseding any prior agreements between the User and the Company with respect to the Website.
4. Provisions related to liability, indemnification, disclaimers of warranties, intellectual property protections, and protection of Website Content shall survive termination of this agreement.
Effective Date: 17.09.2024