DATA PROTECTION & DATA PRIVACY
This Website, http://www.brandbuzz.in (the ‘Website’), is owned and operated by Brand Buzz Marketing Private Limited, an Indian Private Limited Company incorporated under Companies Act 2013, having its registered office at 118, 1st Floor, Nigo’s Industrial Estate, Goregaon-East, Mumbai – 400063.
This agreement (“user agreement”) incorporates the terms and conditions for Brand Buzz Marketing Private Limited and its affiliate, website or mobile application (“BrandBuzz”) to provide services to the person(s) (“the User”) intending to purchase or inquiring for any products and/ or services of BrandBuzz by using BrandBuzz websites or using any other customer interface channels of BrandBuzz which includes its sales persons, offices, call centers, advertisements, information campaigns etc.
The Users availing services from BrandBuzz shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by BrandBuzz for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or BrandBuzz with respect to any services to be provided by BrandBuzz shall be restricted to the scope of this agreement.
Additionally, the Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, transportation, events, activity packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers’ fare rules or other rules.
BrandBuzz services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail BrandBuzzservices.
While registering, it is the responsibility of the User to provide accurate demographic information like name, address, phone number and email address to BrandBuzz. Further, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account. The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify BrandBuzz immediately in writing of any unauthorized use of their password or account or any other breach of security. BrandBuzz will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time
Fees & Payment
BrandBuzz reserves the right to alter any and all fees from time to time, without notice. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by BrandBuzz for services or transaction fee or any other fee because of any technical or other reason, BrandBuzz reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
In the rare possibilities of the reservation not getting confirmed for any reason whatsoever inspite of receiving payment; we will process the refund and intimate you of the same. BrandBuzz is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.
Any refunds arising from any transactions with BrandBuzz due to any cancellation of the reservation or any reason whatsoever shall be processed by BrandBuzz in the same bank account or debit or credit card used by the User to make the payment at the time of booking.
The User may request BrandBuzz for any refunds against the unutilized or ‘no show’ event for any reasons within 7 days from the date of the event. Any applicable refunds would accordingly be processed as per the defined policies of the event organizer and BrandBuzz. Requests for refund after 7 days from the date of the event shall be deemed to be invalid.
Contacting The User
BrandBuzz may send booking confirmation, event information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or email or by voice call on the contact number given by the User at the time of booking; BrandBuzz may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason whatsoever, to know the preference of the User for concluding the booking and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS or email and/ or voice call by BrandBuzz is upon the request and authorization of the User. The user also acknowledges that all communication by BrandBuzz are ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify OHO Events against all types of losses and damages incurred by OHO Events due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on OHO Events with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
Eligibility To Use
The User represent and confirm that the User is of 18 years of age or older, having the ability to enter into a binding contract. The user acknowledges that he/she is not a person barred from availing the Services under the laws of India or other applicable law.
Third Party Content
BrandBuzz is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. BrandBuzz does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information. The linked sites are not under the control of BrandBuzz and it is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. BrandBuzz is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by BrandBuzz.
Force Majure Circumstances
The user agrees that there can be exceptional circumstances where the service operators or event organizer may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route and flight cancellations etc. If BrandBuzz is informed in advance of such situations where dishonor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that BrandBuzz being an agent for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
Customer acknowledges that BrandBuzz is only a facilitator and any refund for any service(s) which was/were not delivered by the service provider or for any reason for which the User is entitled for a refund is subject to BrandBuzz receiving the amount from the said service provider. User acknowledges that BrandBuzz shall not be held liable for any delay in refund or non-refund of the amount from the service provider. In such events the User shall directly approach the service provider for any claims.
The User agrees that in situations due to any technical or other failure in BrandBuzz, services committed earlier may not be provided or may involve substantial modification. In such cases, BrandBuzz shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of BrandBuzz against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
BrandBuzz shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of BrandBuzz arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by BrandBuzz for its services.
In no event shall BrandBuzz and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever 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 BrandBuzz website(s) or any other channel . Neither shall BrandBuzz be responsible for the delay or inability to use the BrandBuzz websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the BrandBuzz website(s), or otherwise arising out of the use of the BrandBuzz website(s), whether based on contract, tort, negligence, strict liability or otherwise.
BrandBuzz is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
BrandBuzz may provide the User with contents 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 BrandBuzz and shall not copy, transmit or create derivative works of such material without express authorization. The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right. Any copyrighted or other proprietary content distributed 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.
The User agrees to indemnify, defend and hold harmless BrandBuzz and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by BrandBuzz and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement. The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and BrandBuzz cannot be held responsible for the same.
Right to Refuses
BrandBuzz at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by BrandBuzz is not complete until full money towards the service is received from the customer and accepted by BrandBuzz. Without prejudice to the other remedies available to BrandBuzz under this agreement, the TOS or under applicable law, BrandBuzz may limit the user’s activity, or end the user’s listing, warn other users of the user’s actions, immediately temporarily/indefinitely suspend or terminate the user’s registration, and/or refuse to provide the user with access to the website if:
Right To Cancellation
The User expressly undertakes to provide to BrandBuzz only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from BrandBuzz. In case BrandBuzz discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, BrandBuzz in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, BrandBuzz shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services. The User unequivocally indemnifies BrandBuzz of any such claim or liability and shall not hold BrandBuzz responsible for any loss or damage arising out of measures taken by BrandBuzz for safeguarding its own interest and that of its genuine customers. This would also include BrandBuzz denying/cancelling any bookings on account of suspected fraud transactions.
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of BrandBuzz Websites or its partner websites or any provision hereof in any manner whatsoever.
Correctness & Updation of Website
User acknowledges that BrandBuzz provides services with reasonable diligence and care. It endeavors its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the BrandBuzz websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as BrandBuzz notices them. Changes are/may be periodically made/added to the information provided such. BrandBuzz may make improvements and/or changes in the BrandBuzz websites at any time without any notice to the User.
BrandBuzz reserves the right to change the terms, conditions, and notices under which the BrandBuzz websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions. This User Agreement was last updated on 1/3/2023.
Responsibilities Of User vis-a-vis The Agreement
The User expressly agrees that use of the services is at their sole risk. To the extent BrandBuzz acts only as a booking agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall BrandBuzz be liable for the services provided by the service provider. The services are provided on an “as is” and “as available” basis. BrandBuzz may change the features or functionality of the services at any time, in their sole discretion, without notice. BrandBuzz expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from BrandBuzz or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the BrandBuzz pages or otherwise use any of the contents, pages, information or any other material provided by BrandBuzz. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying BrandBuzz in writing.
Abuse Of User Ageement
In the event anyone comes across any abuse or violation of these Website User Agreement or if anyone becomes aware of any objectionable content on the Website, he/she may report to firstname.lastname@example.org
A User can unsubscribe/ opt-out from receiving marketing communications from BrandBuzz through SMS and e-mail anytime by sending an email to email@example.com or by clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail.