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Welcome to makeyaparty.com, a (the “Website”) owned and operated by Makeya Party (“Makeya Party ventures pvt ltd” “Company” “we” or “us” or “our”).

We thank you for using makeyaparty.com

These Terms of Service ("Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website and any related mobile or software applications including but not limited to delivery of information via the Website whether existing now or in the future that link to the Terms. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User or you”) and the Company concerning your access to and use of the Website.

1. Acceptance of Terms of Use

1.1. By accessing the Website, you have read, understood, and agree to be legally bound by all of these terms and conditions set forth governing your use of this Website. The Terms and Conditions shall apply to all services, programs, information and products that you may use or otherwise access from time to time through the Website. By accessing the Website and any pages hereof, you are indicating that you have read, acknowledge and agree to be bound by the Terms and Conditions. If you do not agree with these Terms and Conditions then please do not use or access the Website.

1.2. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

1.3. The “Last updated” date of these Terms and Conditions will inform you about any changes or modifications and you waive the right to receive any specific notice of such changes. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website after the date such revised Terms and Conditions are posted.

2. Our Services and Website Content

2.1. We are multi-service providers and strive to give our Users the most luxurious celebration experience by providing Luxury catering, entertainment and event management services including luxurious food from your favourite gourmet chef or 5-star chef, arrangement of the look and feel of the event, tasteful music, deejays, performers, chefs etc., we bring them all together as per your requirement and specifications.

2.2. The Users can select the Services they want to obtain by clicking and browsing on the Website and can select the products or Services from a specially curated list of restaurants, caterers, chef’s and can organise a party by selecting their requirements along with the cutlery, table decoration etc. Further, the User can also request for a wide variety of add-ons including but not limited to the DJ, performers, music systems, valet services, mixologists, photographers etc. (“Services”) from a variety of products and Services listed and offered for sale on the Website. Upon completion of the selection of the Gourmet Caterer or Gourmet Chef, the User can provide the requisite detail and the Website shall share the quotation for availing such Services to the User. Upon approval of the quote by the User, the Company shall promptly confirm the booking of the order for such date and time as may be required by the User.

2.3. We shall supply the User with the selected Services through our registered third-party vendors.

2.4. We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Vendors or the related services provided in connection thereof.

2.5. Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Vendor for the purpose of accepting payments from you for the services provided

2.6. The content on these Services is for informational purposes only.

2.7. We disclaim that any liability for any information that may have become outdated since the last time the particular piece of information was updated. We reserve the right to make changes and corrections to any part of the Content on these Services at any time without prior notice.

2.8. Our Services are available to only select geographies and are subject to restrictions under applicable law.

3. User Account Registration

3.1. You may access the services by registering to create an account on the Website. You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. We will create your makeyaparty account for accessing the services on the Website, solely based on the information provided by you.

3.2. We reserve the right to suspend or terminate your account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not-updated or incomplete and/or if we believe that your actions may cause legal liability for you, other Users or us; and/or if you are found to be non-compliant with the Terms of Use or other policies.

3.3. You are solely responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.

3.4. Services obtained from the Website are intended for the personal use of the User and you represent that the same are not for resale or you are not acting as an agent for other parties.

4. Purchases and Payment

4.1. The User shall initiate the payment, within [Insert Time] of confirming and accepting the quote for the Services.

4.2. We accept the following forms of payment: Credit Card, Debit Card, Net banking, UPI [*] _______________________. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website.

4.3. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

4.4. All payments shall be in Indian Rupees only. You agree to pay all charges at the prices then in effect for your purchases and any and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to refuse any order placed through the Website.

5. Refund and Cancellation

5.1. Upon confirmation of the quote for Services requested by the User, we do not offer refunds or cancellations against the services provided to the User.

5.2. In the event of request for cancellation of the Services confirmed, the Company may accept the request for cancellation of the Service order and refund the amount to the User within a reasonable period of time, provided that it shall be the sole discretion of Company to accept or reject the request for cancellation depending upon the time period between the confirmation of the Services requested and cancellation of the Services requested. The Company shall have the right to charge a cancellation fee from the User at such price as may be deemed appropriate.

5.3. We strictly recommend that the User may read the following before agreeing to utilize our services or before making any payment:
a. Read all the information about our services and the support given to our clients.
b. Read all about Us and Our Team
c. Read our Terms and Conditions

5.4. If the Company is unable to accept the Services ordered or cancels the order for Services, due to any reasons including without limitation, technical errors, non-availability of the Performers, or non-availability of the desired Chef or Caterer, non-availability of the service, inaccuracies or errors in pricing information, inaccurate particulars such as contact number, address, etc. provided by the User, unresponsive User, etc. In such cases, the User agrees and acknowledges that the Company reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, and the User shall accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. If the order is cancelled after payment has been charged and the User is eligible for the refund of the Order Value or any part thereof, the said amount will be reversed in the User’s account of the same source. In the event the User has provided incorrect particulars, e.g., contact number, delivery address etc., or that the User was unresponsive, not reachable or unavailable for fulfilment of the services offered to them, the User will not be eligible for any refunds.

5.5. Company's decision of cancellation of order shall be final and the Company shall not be liable for such cancellation(s) whatsoever.

6. Intellectual Property Rights

6.1. You agree that the sole and exclusive owner of IP in the Services and the content displayed on the Website, is the Company. The Company owns and has exclusive rights in the IP including copyrights, trademarks, service marks, logos, trade names, trade dress and other IP rights (IP Rights) in India as well as Internationally, associated with the Services and Content which may be protected copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You agree that the Company owns all legal rights, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, in India or Worldwide).

6.2. You agree that any legal infringement of IP Rights shall make you liable for initiation of legal proceedings against you at any appropriate forum for seeking remedies under the applicable laws of the country of violation. Any modification, reproduction, public display or exploitation of the content on the Website in any manner whatsoever in whole or in part shall be considered as violation of IP Rights of the Company. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.

7. Privacy

7.1. Use of this Website may be monitored, tracked and recorded. You acknowledge that we may use, disclose or transfer any information that you provide through this Website if we believe that such disclosure is reasonably necessary to take action regarding suspected illegal activities, enforce or apply our Terms and Conditions, in compliance with legal and governmental processes, protection of Our rights and reputation.

8. Prohibited Activities

8.1. You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

8.2. As a User of the Website, you agree not to:
1. systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Website, including collecting Usernames 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;
3. use a buying agent or purchasing agent to make purchases on the Website;
4. use the Website to advertise or offer to sell goods and services;
5. 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;
6. engage in unauthorized framing of or linking to the Website;
7. trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct;
9. 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;
10. interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website;
11. attempt to impersonate another User or person or use the Username of another User;
12. sell or otherwise transfer your profile;
13. use any information obtained from the Website in order to harass, abuse, or harm another person.
14. use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise;
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
16. attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the services to you;
18. delete the copyright or other proprietary rights notice from any content;
19. copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
20. 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;
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
22. 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;
23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website;
24. use the Website in a manner inconsistent with any applicable laws or regulations.

9. Third-Party Websites and Content

9.1. The Website may contain (or you may be sent via the Website) links to other Websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

9.2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

9.3. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

9.4. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

10. Term and Termination

10.1. These Terms shall remain in full force and effect while you use the Website. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation.

10.2. We may terminate your use or participation in the Website or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. Disclaimer of Warranties

11.1. The User agrees that the usage of the Services provided on the Website shall be at the sole risk of the User. The Company and its affiliates expressly disclaim any and/or every warranty, express and/or implied with reference to the proposed Services or the Services provided. The Company further, does not warranty or represent that any Service provided or to be provided shall be provided with complete diligence, care and/or due skill. The Company shall not be responsible for any accuracy or completeness of the services’ content and shall not assume any responsibility for any loss of data, content and/or any errors and/or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.

Limitation of Liability

11.2. In no event shall the Company and/or its affiliates be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

12. Indemnification

12.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your content; (2) use of the Website; (3) breach of these Terms and Conditions ; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any loss due to last minute cancellation by the User.

12.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

13. Modifications and Interruptions

13.1. We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website. We cannot guarantee the Website will be available at all times.

13.2. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

14. Governing Law

These Terms and Conditions and your use of the Website are strictly governed by and construed in accordance with the laws of India.

15. Arbitration

You agree to resolve all disputes and differences arising out of or in connection with these Terms and Conditions by submitting them to arbitration by a sole arbitrator mutually appointed in accordance with the rules of the Arbitration and Conciliation Act, 1996, with the arbitration proceedings to be conducted at New Delhi, India and the arbitration proceedings shall be conducted in English language.

16. Impossibility and Force majeure

Neither Party shall be liable or responsible to the other Party nor would they be held accountable of having breached of the terms of use, for any failure or delay caused in whole or in part towards fulfilling or performing any term of this agreement if, such failure or delay is caused by factors including but not limited to acts of nature or acts of God, accidents, war, act of terrorism, legal restrictions, pandemics, or other force majeure events. The Party failing to perform or delayed shall, as promptly possible, notify the other Party of reason for the delay and the estimated duration for such delay, wherever possible.

17. Corrections

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

18. Contact Information

If you have any questions or concerns with respect to the Terms and Conditions or the Website you may contact a representative of Makeya Party ventures pvt ltd by sending us an e-mail at [email protected]

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