Terms And Condition

OVERVIEW

 

This website is operated by Celebration24x7.com (Hereinafter referred to as Celebration24x7). Wherever the terms “we”, “us” and “our” are used in the website, it refers to Celebration24x7. Celebration24x7 offers this website, along with but not limited to all information, tools and services available from this website to the Customer, conditioned upon the Customer’s acceptance of all Terms, Conditions and Policies stated herein. By visiting this website and/or renting something from this website, the Customer engages in this website’s “Services” and agrees to be bound by the following Terms & Conditions (“Terms of Service”, “Terms”). The following Terms apply to all the Customers of the website, including without limitation the Customers who are browsers, vendors, merchants, and/ or contributors of content. Please read these Terms & Conditions carefully before accessing or using this website. By accessing or using any part of this website, the Customer agrees to be bound by these Terms of Service. If the Customer does not agree to all the Terms & Conditions of this agreement, then the Customer may not access the website or use any Services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

 

 

  1. GENERAL TERMS AND CONDITIONS

 

  • These Terms & Conditions apply to the Services available through Celebration24x7. Transactions made on this website such as Item(s)/Equipment rented through this website and Item(s)/Equipment purchased through this website are offered by Celebration24x7, and the Terms & Conditions of this website govern such transaction, describes the responsibilities of the Customer and, among other things, limits the liability of Celebration24x7.

 

  • Celebration24x7 reserves the right to refuse service to anyone for any reason at any time. The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Item(s)/Equipment offered on this website, use of the Service or Item(s)/Equipment, or access to the Service or any contact on the website and mobile app through which the Services are provided, without express written permission by Celebration24x7. The headings used in the present terms are included for convenience only and will not limit or otherwise affect these Terms.

 

  • The Customer shall not assign or transfer any interest in this Agreement or the Item(s)/Equipment without the written consent of Celebration24x7. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. Celebration24x7 reserves the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.

 

 

  1. TERM

  • This Agreement shall commence on the date a booking is made by the Customer and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Customer while booking the Item(s)/Equipment] expires and the Item(s)/Equipment is returned to Celebration24x7, unless terminated earlier or extended. Certain conditions of the present Terms of Service shall continue to be in existence even after the Item(s)/Equipment is delivered back to Celebration24x7.

 

 

  1. ITEM(S)/EQUIPMENT SUBJECT TO RENT

 

  • Celebration24x7 may rent the Item(s)/Equipment and other product(s) available online at the website to the Customer upon the condition that the Customer adheres to the terms and conditions prescribed herein.

 

  1. PAYMNET
  • The daily rental fee, for each Item(s)/Equipment shall be based at a rate provided in the rental plans available at the website, plus any additional fees incurred. Any additional charge may be added by Celebration24x7 in the event the Item(s)/Equipment is damaged, missing any parts, or if the Item(s)/Equipment is not returned at the end of the rental term. All charges shall commence from the effective date of this agreement. The Customer shall pay to Celebration24x7 an additional overdue charge which shall be equivalent to the daily rental charge for each day the Item(s)/Equipment has not been returned, in addition to the daily rental fee.
  • The invoice shall be raised by Celebration24x7 as and when the Item(s)/Equipment is returned to Celebration24x7 or in case of monthly rental on the1st day of every month in which case the due date for payment shall be the 10th day of the month (“Due Date”). Customer shall pay the rental charge as per the invoice raised and mailed to the Customer’s registered e-mail address. Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the rental due amount only. The late fee of 10% shall be applied on the 11th day of the month on the pending amount. In case the Item(s)/Equipment are delivered anytime during the month, the first month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month. In case of order expiry or termination or early cancellation, the last month rental shall be calculated on a pro-rata basis until the date of pickup of the Item(s)/Equipment from Customer.
  • The Customer shall make all payments to Celebration24x7 only. Celebration24x7 shall not be liable for any payment made to any broker/third party by the Customer. Celebration24x7 reserves the right to share information with credit rating agencies pursuant to Clause 1 of this Agreement. In the event, the Customer does not make payments to Celebration24x7 or does not return the Item(s)/Equipment and is not traceable, in addition to any other right of Celebration24x7, the Customer agrees that Celebration24x7 shall have the right to reach out to the Customer’s relatives, friends, employer, offices and shall inform them about the Customer’s default. The Customer hereby agrees that, Celebration24x7 shall not be liable for any inconvenience or loss caused to the Customer for such action by Celebration24x7.

 

  1. SECURITY DEPOSIT
  • In addition to the rental fee, the Customer shall pay a security deposit (“Security Deposit”) prior to receiving any Item(s)/Equipment and at the time the Item(s)/Equipment is booked by the Customer. This deposit shall be refunded to the Customer on the termination and after taking delivery of all the Item(s)/Equipment from the possession of the Customer. Once the final quality check is performed on all the Item(s)/Equipment, and in case no damage is found, the Security Deposit shall be refunded within 15-21 working days to the Customer.
  • Celebration24x7 shall refund the Security Deposit to the account from which the initial Security Deposit was paid by the Customer, in case the Customer wishes to get the refund to any other account, the Customer shall provide the details of the account to Celebration24x7 via e-mail from the registered e-mail address of the Customer and/or upload the account details on the dashboard available on the Celebration24x7 website, prior to the pickup of the Item(s)/Equipment. The same account details shall be confirmed at the time of the reverse pick up of the Item(s)/Equipment.
  • In case any damage is found in any Item(s)/Equipment, Celebration24x7 shall have the right to deduct the charges for the damages or monthly dues from the Security Deposit paid by the Customer and shall refund the remaining amount to the Customer. In case of default in the payment of monthly rentals (including late fee), Celebration24x7 shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any monthly rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit. The Security Deposit shall not carry any interest for the entire tenure. 

  

  1. ORDER CONFIRMATION
  • On receipt of the order and the Security Deposit, Celebration24x7 shall confirm the order with the Customer by sending a confirmation (subject to successful verification of OTP) to the registered e-mail address of the Customer. In the event, any Item(s)/Equipment selected by the Customer is unavailable, Celebration24x7 shall inform the same to the Customer. Celebration24x7 reserves the right to replace any Item(s)/Equipment selected by the Customer in the event of unavailability.
  • The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of the Security Deposit shall not be considered as the valid contract. In the event, the Customer does not accept the substitute Item(s)/Equipment, Celebration24x7 shall refund the Security Deposit paid by the Customer as per Clause 4 of this Agreement.
  • The order raised by the Customer shall be processed subject to successful verification of the OTP and serviceability of the Customer location as per Celebration24x7 In case the OTP verification is not successful, or the location is not serviceable by Celebration24x7, Celebration24x7 reserves the right to reject the Customer’s order any time prior to delivery, at its sole discretion without assigning any reason even after successful OTP verification or serviceability of the location. In the event the order is rejected by Celebration24x7, the Security Deposit paid by the Customer shall be refunded to the Customer as per Clause 4 of this Agreement.
  • The Customer authorizes Celebration24x7 to verify all the details provided by him/her and verify his/her credit score by evaluating their credit report with the help of any credit bureau and/or any other third party.

 

  1. DELIVERY OF RENTED ITEM(S)/EQUIPMENT
  • On confirmation of the order by the Customer, Celebration24x7 shall deliver the Item(s)/Equipment to the location specified by the Customer. The Customer shall present to Celebration24x7 an address proof of the location chosen as the place of delivery. The Customer shall be present at the location at the time of delivery agreed between Celebration24x7 and the Customer. In case the Customer is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, Celebration24x7 shall charge an extra delivery cost to the Customer.
  • The equipment shall be delivered to the Customer and returned to Celebration24x7 at the Customer’s risk, cost and expense. If a periodic rental rate is charged by Celebration24x7, rental charges are billed to the Customer for each period or portions of the period from the time the equipment is delivered to the Customer until its return. If a term rental rate is charged by Celebration24x7, rental charges are billed to the Customer for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned.
  • Celebration24x7 shall inspect the quality and ensure that the Item(s)/Equipment are working and in usable condition before the delivery of the Item(s)/Equipment to the Customer. The Customer shall inspect the Item(s)/Equipment for any damage and quality during the time of delivery. In case any Item(s)/Equipment is damaged during transit or unfit for use, Celebration24x7 shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Item(s)/Equipment after the acceptance of delivery by the Customer, Celebration24x7 shall not be responsible towards replacing the Item(s)/Equipment and shall levy a damage to be ascertained as per the damage policy below.

 

  1. CARE AND OPERATION
  • The equipment may only be used and operated in a careful and proper manner.  Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.
  • In case of renting out a Hookah(s) or other such fragile item(s)/Equipment, the Customer shall maintain a higher duty of care and ensure that such items are not damaged in any way. In case of Damage/Loss, the Customer shall be made to pay double the original cost of such fragile Item(s)/Equipment.

 

  1. LOCATION
  • The Customer shall keep the Item(s)/Equipment at the location shown by the Customer as the place of use during the rental period.
  • The Customer shall not remove the Item(s)/Equipment from the location shown by the Customer as the place of use of the Item(s)/Equipment without the prior written approval of Celebration24x7. The Customer must inform Celebration24x7 upon demand of the exact location of the Item(s)/Equipment while it is in possession of the Customer.
  • In case the Customer wishes to relocate or remove the Item(s)/Equipment from the registered address, a request shall be made to Celebration24x7 two days prior to the date the Customer wishes to relocate the Item(s)/Equipment along with the address proof of the new address. Once the request is raised, Celebration24x7 shall remove or relocate the Item(s)/Equipment through its personnel only as per the mutually decided date with the Customer. Relocation shall be subject to successful verification of the OTP of the Customer’s new address and serviceability of the new location. In the event, the location is not serviceable by Celebration24x7, the same shall be treated as an early closure of the Agreement.

 

  1. ASSIGNMENT
  • The Customer shall not assign or transfer any interest in this Agreement or the Item(s)/Equipment without the written consent of Celebration24x7. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement.

 

  1. MAINTENANCE, REPAIR, DAMAGE AND LOSS OF RENTED ITEM(S)/EQUIPMENT
  • The Customer hereby agrees that any damage (including but not limited to dent, scratches, breakage, chipping, cracked display, jail break of device, exposure to liquid or dampness or moisture or sand, hardware and software tampering including jailbreak, rooting, unlocking boot ROM, bending of Item/Equipment frame, modifications, unauthorized repairs, tampering of the Item/Equipment serial number and malware installation or any other cause not arising due to manufacturing defect of the Item(s)/Equipment) caused to the Item(s)/Equipment or theft (Including disappearances) or loss, shall be liable towards repair and replacement cost of the Item(s)/Equipment. The Customer shall keep and maintain the rented Item(s)/Equipment in a good state during the term of the rental at his own cost and expense. In the event, the Item(s)/Equipment is stolen or damaged beyond repair, the Customer shall be liable to pay Celebration24x7 the market price of the Item(s)/Equipment. Minor scratches and chipping (depending on size) to certain Item(s)/Equipment shall be considered as normal wear and tear. The extent of damage will be ascertained by comparing against the quality control conditions agreed by the Customer and the photographs taken on delivery and return pickup day.
  • Celebration24x7 shall ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Item(s)/Equipment from the Customer. In the event, it is found that in any Item(s)/Equipment, any substandard parts are used, or repair has been carried out by any person not authorized by Celebration24x7, then a penalty may be levied as per the policy of Celebration24x7. Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Item(s)/Equipment shall be considered as a damage to the Item(s)/Equipment and shall be chargeable against the Customer. A damage claim report shall be sent to the Customer’s registered e-mail address.
  • A quality check report stating the damages if any or a clearance sheet will be created and a copy of the same will be provided to the Customer immediately.
  • In case the Item(s)/Equipment is lost (including but not limited to robbery, theft, misplacement) by the Customer, the Customer shall intimate Celebration24x7 immediately and the Customer shall either file a first information report (“FIR”) with the jurisdictional police station and share the copy with Celebration24x7 or shall assist Celebration24x7 in filing the FIR. The Customer shall be liable to pay a penalty amounting to the existing market value of the Item(s)/Equipment, at the time of such incident.
  • The Customer shall pay Celebration24x7 full compensation for replacement and/or repair of any Item(s)/Equipment which is not returned because it is lost or stolen or any Item(s)/Equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted. Invoice of Celebration24x7 for replacement or repair shall be conclusive as to the amount the Customer shall pay under this declaration for repair and settlement.

 

  1. SERVICE
  • Celebration24x7 shall provide the service for the Item(s)/Equipment during the term of this Agreement. In case any service is required for the Item(s)/Equipment, the Customer shall raise the request for the service, however, Celebration24x7 shall try to resolve the issue over call, in case the same is not resolved, Celebration24x7 shall send its representative within 24 hours from the date service request is raised by the Customer to assess the service requirement of the Item(s)/Equipment, in case the issue cannot be resolved at the Customer Premises, Celebration24x7 representative shall pick up the Item(s)/Equipment from the Customer and shall deliver a temporary basic Item(s)/Equipment to the Customer. As Celebration24x7 is not an authorized service provider of the Item(s)/Equipment manufacturer, Celebration24x7 shall submit the Item(s)/Equipment with the authorized service centre of the manufacturer and shall inform the duration required for service to the Customer. Once the original Item(s)/Equipment is repaired, Celebration24x7 shall deliver the original Item(s)/Equipment to the Customer and shall collect the temporary Item(s)/Equipment from the Customer.
  • The Customer shall be liable to pay for any quality assessment check (QC) cost incurred by Celebration24x7 or any service charges incurred by Celebration24x7 for the service. In case of manufacturing defect, the Customer shall not be liable to pay the charges for such service. Any service arising out of damage as per clause 8, the Customer shall be liable to pay for such damage.
  • In case the service is due to manufacturing defect, the Customer shall be charged the monthly rentals on a pro rata basis for the time period the Item(s)/Equipment is used by the Customer. In case the service is due to the damage done by the Customer, then the Customer shall be liable to pay the regular rentals for the entire duration the Item(s)/Equipment was in service. However, in case the service period exceeds the period the specific Item(s)/Equipment was rented for, the Customer shall not be liable for the duration the Item(s)/Equipment was under service.

 

  1. INSPECTION OF RENTED ITEM(S)/EQUIPMENT
  • The Customer shall allow the representatives of Celebration24x7 to enter his premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If the Customer is in default of any of the clauses of the present Terms of Service, Celebration24x7, through its agents, at the risk, cost and expense of the Customer may at any time enter the premises where the rented equipment is stored or used at all time and recover the rented equipment.
  • Celebration24x7 reserves the right to inspect the Item(s)/Equipment delivered to the Customer during the term of the Agreement. Celebration24x7 shall provide reasonable prior intimation to the Customer regarding the visit for inspection of its representative to avoid any inconvenience to the Customer. The Customer shall ensure that the representative of Celebration24x7 is provided with proper access to all the Item(s)/Equipment /premises for inspection.

 

  1. ALTERATIONS TO THE RENTED ITEM(S)/EQUIPMENT
  • The Customer shall make no alterations to the Item(s)/Equipment without prior written consent of Celebration24x7. All alterations shall be property of Celebration24x7 and subject to the term within.

 

  1. NON-USAGE OF RENTED ITEM(S)/EQUIPMENT
  • No allowance shall be made for any rented Item(s)/Equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by Celebration24x7 does not constitute a waiver of any of the rights of Celebration24x7 regarding the rental. 

 

  1. TERMINATION
  • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either the Customer or Celebration24x7. The Customer may terminate these Terms of Service at any time by notifying Celebration24x7 that the Customer no longer wishes to use Celebration24x7 Services, or when the Customer ceases using this website. If in the sole judgment of Celebration24x7 the Customer fails, or Celebration24x7 suspects that the Customer has failed, to comply with any term or provision of these Terms of Service, Celebration24x7 also may terminate this agreement at any time without notice and the Customer will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Customer access to this website’s Services (Or any part thereof).
  • The Customer shall not pledge or encumber the rented Item(s)/Equipment in any way. Celebration24x7 may terminate this rental immediately upon failure of the Customer to make rental payments when due, or upon the Customer filling for protection from creditors in any court of competent jurisdiction.
  • In the event, the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on last day of the rental term.
  • Celebration24x7 shall have the right to terminate this Agreement immediately in the following events;
    1. Default of payment of rental dues or any other payment dues by the Customer; or
    2. Breach of any of the terms of this Agreement.
  • Consequences of termination:
  1. Celebration24x7 shall have the right to take possession of the Item(s)/Equipment delivered to the Customer immediately;
  2. Any payment pending from the Customer shall become payable immediately to Celebration24x7.
  3. The Security Deposit paid by the Customer shall be refunded to the Customer post the damage assessment of the Item(s)/Equipment, as per clause 4 of this Agreement.
  4. In case of termination due to non-payment of rental dues, the Security Deposit refund shall be determined subject to clause 4 of this Agreement.

Notwithstanding any other terms of this Agreement, Celebration24x7 shall have the right to terminate the Agreement without any cause by providing notice to the customer.

 

  1. OWNERSHIP OF PRODUCTS
  • Celebration24x7 and / or its business partners shall at all times during the term of this Agreement, retain title to and / or be the beneficial owners of the Item(s)/Equipment delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Item(s)/Equipment to the Customer. The Customer shall give immediate notice to Celebration24x7 if any of the Item(s)/Equipment is about to become liable or is threatened with seizure and the Customer shall indemnify Celebration24x7 against all loss and damage caused by such action against its Item(s)/Equipment.
  1. INDEMNIFICATION
  • The Customer shall indemnify, defend and hold Celebration24x7 harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Item(s)/Equipment damage or personal injury arising from the Customer’s use of the Item(s)/Equipment by any cause, except to the extent such is caused by Celebration24x7 negligence or wilful misconduct. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall Celebration24x7 be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Item(s)/Equipment.
  • The Customer agrees to indemnify, defend and hold harmless Celebration24x7 and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the Customer’s breach of these Terms of Service or the documents they incorporate by reference, or the Customer’s violation of any law or the rights of a third-party.
  • The Customer shall indemnify and hold Celebration24x7 harmless for all injuries or damage of any kind for all consequential and special damages for any claimed breach of warranty.
  • The Customer shall pay all reasonable attorney and other fees, the expenses and costs incurred by Celebration24x7 in protection its rights regarding the rental and for any action taken by Celebration24x7 to collect any amounts due to Celebration24x7.

 

  1. ONLINE STORE TERMS
  • By agreeing to these Terms of Service, The Customer represents that the Customer is at least the age of majority in the Customer’s state or province of residence, or that the Customer is the age of majority in the Customer’s state or province of residence and the Customer has given Celebration24x7 the Customer’s consent to allow any of the Customer’s minor dependents to use this website. The Customer may not use Celebration24x7 Item(s)/Equipment for any illegal or unauthorized purpose nor may the Customer, in the use of the Service, violate any laws in the Customer’s jurisdiction (including but not limited to copyright laws). The Customer must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of the Customer’s account and all Services.
  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
  • Celebration24x7 shall not be responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at the Customer’s own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for the Customer’s reference only. Celebration24x7 reserves the right to modify the contents of this website at any time, but Celebration24x7 has no obligation to update any information on this website. The Customer agrees that it is his responsibility to monitor changes to Celebration24x7 website.
  1. MODIFICATIONS TO THE SERVICE, ITEM(S)/EQUIPMENT AND PRICES
  • Prices for Celebration24x7 Item(s)/Equipment or Services are subject to change without notice. Celebration24x7 reserves the right at any time to modify or discontinue the Service (or any part or content thereof) or Item(s)/Equipment offerings without notice at any time. Celebration24x7 reserves the right to modify or discontinue the Item(s)/Equipment and Service offering(s) on the website that have not yet been rented by the Customer. Item(s)/Equipment or Services that have already been paid for by the Customer shall by fulfilled by Celebration24x7 unless unusual or extreme circumstances exist such as but not limited to going out of business or an Act of God. Celebration24x7 shall not be liable to the Customer or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  1. ITEM(S)/EQUIPMENT OR SERVICES
  • Certain Item(s)/Equipment or Services may be available exclusively online through the website. These Item(s)/Equipment or Services may have limited quantities and are subject to return or exchange only according to the Terms & Conditions enumerated herein. Celebration24x7 has made every effort to display as accurately as possible the colors and images of its Item(s)/Equipment that appear at the store. Celebration24x7 cannot guarantee that the Customer’s computer monitor's display of any color will be accurate. Celebration24x7 reserves the right, but is not obligated, to limit the sales of its Item(s)/Equipment or Services to any person, geographic region or jurisdiction. Celebration24x7 may exercise this right on a case-by-case basis.  Celebration24x7 reserves the right to limit the quantities of any Item(s)/Equipment or Services that it offers. All descriptions of Item(s)/Equipment their pricing are subject to change at any time without notice, at the sole discretion of Celebration24x7. Celebration24x7 reserves the right to discontinue any Item(s)/Equipment at any time. Any offer for any Item(s)/Equipment or Service made on this website is void where prohibited. Celebration24x7 does not warrant that the quality of any Item(s)/Equipment, Services, information, or other material purchased or obtained by the Customer will meet his expectations, or that any errors in the Service will be corrected.

 

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION
  • Celebration24x7 reserves the right to refuse any order the Customer places with it. Celebration24x7 may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Celebration24x7 makes a change to or cancel an order, it may attempt to notify the Customer by contacting the e?mail and/or billing address/phone number provided at the time the order was made. Celebration24x7 reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at the website. The Customer agrees to promptly update his account and other information, including his email address and credit card numbers and expiration dates, so that Celebration24x7 can complete his transactions and contact him as needed.
  1. OPTIONAL TOOLS
  • Celebration24x7 may provide the Customer with access to third-party tools over which Celebration24x7 neither monitors nor has any control nor input. The Customer acknowledges and agrees that Celebration24x7 provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Celebration24x7 shall have no liability whatsoever arising from or relating to the Customer’s use of optional third-party tools.
  • Any use by the Customer of optional tools offered through the website is entirely at the Customer’s own risk and discretion and the Customer should ensure that he is familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Celebration24x7 may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
  1. THIRD-PARTY LINKS
  • Certain content, Item(s)/Equipment and Services available via Celebration24x7 Service may include materials from third-parties. Third-party links on this website may direct the Customer to third-party websites that are not affiliated with Celebration24x7. Celebration24x7 is not responsible for examining or evaluating the content or accuracy and Celebration24x7 does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Item(s)/Equipment, or Services of third-parties. Celebration24x7 is not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. The Customer must review carefully the third-party's policies and practices and make sure to understand them before he engages in any transaction. Complaints, claims, concerns, or questions regarding third-party Item(s)/Equipment should be directed to the third-party.
  1. CUSTOMER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
  • If, at the request of Celebration24x7, the Customer sends certain specific submissions (for example contest entries) or without a request from Celebration24x7 the Customer sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), the Customer agrees that Celebration24x7 may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the Customer forwards to Celebration24x7. Celebration24x7 shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Celebration24x7 may, but has no obligation to, monitor, edit or remove content that it determines in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. The Customer agrees that his comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Customer further agrees that his comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The Customer may not use a false e?mail address, pretend to be someone other than himself, or otherwise mislead Celebration24x7 or third-parties as to the origin of any comments. The Customer is solely responsible for any comments he makes and their accuracy. Celebration24x7 takes no responsibility and assume no liability for any comments posted by the Customer or any third-party.
  1. ERRORS, INACCURACIES AND OMISSIONS
  • Occasionally there may be information on this website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Item(s)/Equipment descriptions, pricing, promotions, offers, Item(s)/Equipment shipping charges, transit times and availability. Celebration24x7 reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after the Customer has submitted his order). Celebration24x7 undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  1. PROHIBITED USES
  • In addition to other prohibitions as set forth in the Terms of Service, the Customer is prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate intellectual property rights of Celebration24x7 or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Celebration24x7 reserves the right to terminate the Customer’s use of the Service or any related website for violating any of the prohibited uses.
  1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
  • Celebration24x7 does not guarantee, represent or warrant that the Customer’s use of Celebration24x7 Service will be uninterrupted, timely, secure or error-free. Celebration24x7 does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. The Customer agrees that from time-to-time Celebration24x7 may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to the Customer. Celebration24x7 does not guarantee, represent or warrant that the Customer’s use of Item(s)/Equipment being rented on the website will be uninterrupted, timely, secure or error-free. Celebration24x7 does not warrant that the results that may be obtained from the use of any Item(s)/Equipment on the website will be accurate or reliable. The Customer agrees that from time-to-time Celebration24x7 may remove Item(s)/Equipment for indefinite periods of time or cancel the Service at any time, without notice to the Customer. The Customer expressly agrees that his use of, or inability to use, the Service is at his sole risk. The Service and all Item(s)/Equipment and Services delivered to the Customer through the Service are (except as expressly stated by Celebration24x7) provided 'as is' and 'as available' for the Customer’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  • In no case shall this website, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, advisors, service providers, vendors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Customer’s use of any of the Service or any Item(s)/Equipment procured using the Service, or for any other claim related in any way to the Customer’s use of the Service or any Item(s)/Equipment, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Item(s)/Equipment) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Celebration24x7 shall be limited to the maximum extent permitted by law.
  • Celebration24x7 makes no warranty of any kind regarding the rented Item(s)/Equipment, except that Celebration24x7 shall replace the equipment with identical or similar Item(s)/Equipment if the Item(s)/Equipment fails to operate in accordance with the manufacturer’s specifications and operation instructions. Such replacement shall be made as soon as practicable after the Customer returns the non-conforming equipment.
  1. SEVERABILITY
  • In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

  1. ENTIRE AGREEMENT
  • The failure of Celebration24x7 to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Celebration24x7 on this website or in respect to The Service constitutes the entire agreement and understanding between the Customer and Celebration24x7 and govern the Customer’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Customer and Celebration24x7 (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this agreement.
  1. LIMITATION OF LIABLITY
  • In no event shall Celebration24x7 be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data of any kind in connection with use of the Item(s)/Equipment, even if it has been advised of the possibility of such damages. Notwithstanding any other provision of this Agreement Celebration24x7’s total liability to Customer shall not exceed the total amount of 1 (One) week rental collected from the Customer.
  1. BINDING EFFECT
  • The Terms and Conditions contained herein shall apply to and bind both Celebration24x7 and the Customer and their heirs, legal representatives, successors and permitted assigns of Celebration24x7 and the Customer.
  1. GOVERNING LAW AND DISPUTE REOLUTION
  • These Terms of Service and any separate agreements whereby Celebration24x7 provides the Customer Services shall be governed by and construed in accordance with the laws of The Union of India.
  • All disputes relating to this agreement shall be governed by and interpreted in accordance within the law and the Customer irrevocably agrees that the Courts in Bhopal shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the agreement, regardless of individual party location.  Parties irrevocably submit to the exclusive jurisdiction of the Courts in Bhopal.
  1. CHANGES TO TERMS OF SERVICE
  • The Customer can review the most current version of the Terms of Service at any time at this website. Celebration24x7 reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to this website. It is the Customer’s responsibility to check this website periodically for changes. The Customer’s continued use of or access to this website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
  1. CONTACT INFORMATION
  • All questions about the Terms of Services should be mailed at ______________. Celebration24x7 may change the E-mail address from time to time by providing information on the website.

Terms of Use

The following Terms of use form part of an agreement bound by law and executed between Users (“User(s), you, your, yourself”) and New Way Celebrations Pvt. Ltd. and/or its subsidiaries and affiliates (“CELEBRATION 24X7 LUSH GETAWAYS , we, us, our”). The present terms shall govern the use of the Company’s internet web site, mobile based application, (which shall collectively be referred to as “CELEBRATION 24X7 Platform”) which help enable the User to get connect with us in regards to various services that are offered by us via the CELEBRATION 24X7 Platform ("Services").

Kindly go through the current terms prudently before gaining access to or using, receiving or utilizing any of the products and/or Services being offered by CELEBRATION 24X7 LUSH GETAWAYS. In case you disagree with any of the given Terms of Use you must stop using the CELEBRATION 24X7 Platform and/or Services. The present Terms & conditions of use are to be read in concurrence with the other terms and conditions of use which apply in maintaining the use of CELEBRATION 24X7 Platform and Services.

All rights to make amendments to the present Terms & Conditions of Use at any time are solely reserved by CELEBRATION 24X7 LUSH GETAWAYS at its discretion. It is the responsibility of the User to get updated to the latest Terms & Conditions of Use periodically, and the continued usage of the CELEBRATION 24X7 Platform and its Services by the User is to be regarded as a deemed acceptance of these Terms & Conditions of use and the changes thereto.

  1. Scope of The Terms & Conditions of use

CELEBRATION 24X7 LUSH GETAWAYS by way of the CELEBRATION 24X7 Platform provide the service of connecting the Users with third parties for using CELEBRATION 24X7 LUSH GETAWAYS Partner properties which are under the management and/or ownership of third parties (“Stay Partners”).

  1. Eligibility Criterion

The User should be of a minimum age of eighteen (18) years or more and should be legally capable to enter into, perform and adhere to the given Terms & Conditions of Use. Though personals under 18 years of age may avail or browse the CELEBRATION 24X7 LUSH GETAWAYS Platform, the same shall be done by them only under the supervision, guidance and involvement of the parents and / or legal guardians of such Users and under the registered account of such parent /legal guardian. Rights are reserved with CELEBRATION 24X7 LUSH GETAWAYS to discontinue the access of the User and to reject to grant the User access to the CELEBRATION 24X7 Platform in case CELEBRATION 24X7 LUSH GETAWAYS  discovers the fact that the User is under the age of 18 years.

  1. Using the CELEBRATION 24X7 Platform :

The User may avail the Services provided by CELEBRATION 24X7 LUSH GETAWAYS through the CELEBRATION 24X7 Platform once the User provides CELEBRATION 24X7 LUSH GETAWAY with User particulars and information. It is required of the User to provide The CELEBRATION 24X7 Platform with certain fundamental data (E-mail address of the User, User’s location, contact number etcetera) which facilitates us in determining if the requested services could be provided to the User. Once the requisite information has been provided by the User in the prescribed format, and after CELEBRATION 24X7 LUSH GETAWAYS has determined that the requested services can be availed by you, you can avail the said requested services on the CELEBRATION 24X7 platform.

During your registration with us, you must confirm that the Account Information submitted by you in the registration form of CELEBRATION 24X7 Platform is latest, complete and authentic. The User is strictly prohibited to use another user’s account information.

  1. Term & Termination

Any booking(s) made on the CELEBRATION 24X7 Platform is non-reversible, except in case the Terms & Conditions of use articulated herein are confirmed to along with the satisfaction of terms enunciated in the cancelation policy. Rights are reserved with CELEBRATION 24X7 LUSH GETAWAYS to unilaterally to make cancellations to any of the booking(s) at any instance. 

  1. Usage terms

The Services provided and the information and materials made available on the CELEBRATION 24X7 Platform may unintentionally be prone to certain outdated information, typographical errors, or inaccuracies, CELEBRATION 24X7 LUSH GETAWAYS holds no responsibility for and shall not be liable to upkeep any such unintentional errors related to typography or pricing which have been mentioned inadvertently on the CELEBRATION 24X7 Platform. Rights are reserved with CELEBRATION 24X7 LUSH GETAWAYS  to rescind or decline orders placed by the User at any instance, which includes but is not limited to any order containing incorrect product prices or descriptions, any order which CELEBRATION 24X7 LUSH GETAWAY  believes to have been placed by the User in violation of the applicable laws or the present terms & Conditions of Use, orders which we believe to be harmful to CELEBRATION 24X7 LUSH GETAWAYS or order placed with CELEBRATION 24X7 LUSH GETAWAYS which are believed to be based on fraudulent, illegal or deceitful usage/furnishing of information or which are believed to be based on false information. No warranty or representation is made by CELEBRATION 24X7 LUSH GETAWAYS with regards to the accuracy, quality, or exhaustiveness of any information, product, data or Service. CELEBRATION 24X7 LUSH GETAWAYS categorically denies any express or implied warranties regarding the error free or uninterrupted operation/functioning, non-infringement, authenticity, completeness, preciseness, availability, suitability, quality, reliability, timeliness, continuity, performance, fitness for a specific purpose, workmanlike effort, lack of viruses or other harmful components of the Services and/or products.

  1. Prohibited Content:

Before having started to use the Services provided by the CELEBRATION 24X7 Platform, the User must warrant to CELEBRATION 24X7 LUSH GETAWAS that this CELEBRATION 24X7 Platform shall not be used by the User shall for any illegal purpose, or any other purpose that is not authorized by, or is inconsistent with the present terms & conditions of use. The User must agree that the license of using CELEBRATION 24X7 LUSH GETAWAYS Platform shall stand terminated immediately in case the User's violates this warranty. Right is reserved by CELEBRATION 24X7 LUSH GETAWAYS, , to terminate/dismiss the User's access to the CELEBRATION 24X7 LUSH GETAWAYS Platform along with the content provided therein at any instance, with or without notice which shall be at the sole discretion of CELEBRATION 24X7 LUSH GETAWAYS.

  1. Terms specifically applicable to Customer :

Users who will avail the Services/products provided by CELEBRATION 24X7 through the CELEBRATION 24X7 Platform (hereinafter referred to as “Customers”) shall be directed by the following terms & conditions:

  1. Reservation or booking of services

It may be required of the User to disclose certain personal and confidential information during process of booking Services from this CELEBRATION 24X7 Platform. The user shall not use/access this web site from any computer that you don’t trust including unsecure servers, unsecure mobile phones, unsecure computers, unsecure communication links, or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services in order to avoid any unauthorized personnel from possibly gaining access to your confidential information such as name, address etc. It is confirmed, agreed, confirmed and acknowledged by the user that prior to making any booking on the CELEBRATION 24X7 Platform regarding any services, the User must verify the price and description of the service carefully. The User, by placing an order for a Service agrees to having been bound by the present terms which includes the description of the Services being sought. The order shall be placed by you only after you are fully satisfied with the description, price and look as is displayed on CELEBRATION 24X7 Platform. CELEBRATION 24X7 LUSH GETAWAYS shall not be held liable for any delayed or unsatisfactory performance of services or any kind of damages or delays which come as a result of the act’s or omissions of the Stay Partner. It is hereby undertaken, agreed, declared, represented, promised, warranted & confirmed by the User to CELEBRATION 24X7 LUSH GETAWAY:

  1. There is no legal or other deficiency on part of the User which is preventing or may prevent the User from: (i) Taking part into a valid contract as per the applicable laws; and (ii) To make valid payment to CELEBRATION 24X7 LUSH GETAWAY for the Services which have been ordered by the User.
  2. If CELEBRATION 24X7 LUSH GETAWAY detects any suspicious activity from User’s account, we reserve the right to revoke all pending/future orders on account of any such incident and for which we shall have no liability whatsoever towards the User.
  3. The User shall at all times while using the CELEBRATION 24X7 Platform strictly comply with the payment procedure and the terms mentioned herein in their entirety.
  4. The user may redeem any of the promotions, bookings and offers subject to current and applicable directives and guidelines of the Central and State Government, as maybe issued periodically. The Users are advised and encouraged to exercise discretion and remain aware of the prevalent and relevant guidelines and directives issued by the Central and State Government.

 

  1. Payment & Usage Fee

The User understands and agrees to pay the usage fee as indicated on the CELEBRATION 24X7 Platform for availing the Services through the mode(s) of payment available on the CELEBRATION 24X7 Platform only after which reservation requested by the User will be finalised. After finalising the reservation, CELEBRATION 24X7 LUSH GETAWAYS will debit this usage fee from the payment mode which the User choses. It is agreed and acknowledged by the User that the procedure for payment may also require supplementary verification of data given by the User and the User undertakes to submit proper, correct and complete information.

In order to receive payments from User CELEBRATION 24X7 LUSH GETAWAYS will use third party payment providers. CELEBRATION 24X7 LUSH GETAWAYS shall not be held responsible for the delays or errors occurring in the execution of the transaction nor will  the reservations be cancelled on account of issues related to payments. Utmost care shall be taken by CELEBRATION 24X7 LUSH GETAWAYS while working with third party payment providers, however we do not control the third party technology, systems, work flows and processes and hence, we cannot be made liable for any fault arising due to the payment providers.

  1. No Warranty

The User, by using the CELEBRATION 24X7 Platform hereby acknowledges and agrees to the fact that CELEBRATION 24X7 LUSH GETAWAY does not own the property neither does it control the attitude or decorum of the persons responsible for managing any property or the suitability, fitness or the quality of the services which are provided by third party providing services at the property regarding which CELEBRATION 24X7 LUSH GETAWAYS denies any and all liabilities. The User is requested to please take proper care of their personal belongings and valuables. Niether CELEBRATION 24X7 LUSH GETAWAYS nor its employees shall be responsible for ‎any theft, loss, misappropriation or damage to the personal valuables and belongings of the Guest.

  1. Communications

The User may be communicated by CELEBRATION 24X7 LUSH GETAWAYS through the User’s email or through any other such medium of communication, may it be electronic or otherwise. The User categorically agrees that CELEBRATION 24X7 LUSH GETAWAYS shall not be held liable for any kind of alteration of or unauthorized access to the User’s broadcast or information, or any text or information sent or received or not sent or received. Further, best efforts will be made by CELEBRATION 24X7 LUSH GETAWAYS for protecting the confidentiality and privacy of the personally identifiable information of the User available with us, however there can be no guarantee of absolute secrecy regarding transmissions made by means of the internet.

  1. Privacy

The User is requested to kindly go through the privacy policy which also directs the User’s use of CELEBRATION 24X7 LUSH GETAWAYS Platform and/or Services accessible here:

  1. Indemnification

The User hereby agrees to defend, indemnify, and hold CELEBRATION 24X7 LUSH GETAWAYS harmless which includes but is not limited to the agents, employees and affiliates against and from any and all liabilities, damages, losses, demands, claims, costs and expenses (which shall include the legal fees and other disbursements connected therewith and any interest that is chargeable thereon), which is alleged against or is brought upon CELEBRATION 24X7 LUSH GETAWAY and which arises out of or relates to the User’s use and/or misuse of the web site, any violation by the user of the present terms and conditions, or any breach of warranties ,representations and covenants made by the User herein. The User shall do the aforesaid in addition to and without prejudice to any other legal recourse, remedy or relief available to CELEBRATION 24X7 LUSH GETAWAYS herein or any other laws in exercise or otherwise.

  1. No warranty

The Services furnished by CELEBRATION 24X7 LUSH GETAWAYS are on an "as is" basis and ar without any kind of warranty, may it be categorical, latent, legal, statutory or otherwise, and which includes the implied warranties of merchantability, non-infringement, title or fitness for any specific objective.

Clarification is hereby made that CELEBRATION 24X7 LUSH GETAWAYS and STAY Partners are distinct and separate entities bodies and CELEBRATION 24X7 LUSH GETAWAYS is not working as an agent or representative of the STAY Partner. The User, when making a reservation/booking at the Accommodations listed on the web site, executes the commercial and contractual terms which are offered by and agreed to solely between the STAY Partner and the User.

CELEBRATION 24X7 LUSH GETAWAYS holds no responsibility and is not required to mediate or provide any dispute resolution between User and STAY Partner.

The User may contact CELEBRATION 24X7 LUSH GETAWAYS for mediation or for resolving any dispute pertaining to online payments or in case there occurs a disagreement between the User and the Channel Partners.

  1. Limitation of Liability

Without regard to anything contradictory to what is provided herein or elsewhere, the entire liability of CELEBRATION 24X7 LUSH GETAWAY'S  towards the user regarding any claim which arises out of using CELEBRATION 24X7 LUSH GETAWAYS services and/or browsing the CELEBRATION 24X7 LUSH GETAWAY platform shall be restricted to the amount equivalent to the price paid for the product and/or services which have given rise to such claim.

  1. General Provisions

Governing Law and Jurisdiction: The present terms & Conditions of use, and all business dealings entered into over or via CELEBRATION 24X7 Platform shall be understood, deduced, explained and governed by the laws of India. The laws of India shall apply to the present terms & Conditions of use notwithstanding the principles of conflict of laws. It is agreed by the User that all disputes, claims and differences having been arisen consequent to or connected or related to the CELEBRATION 24X7 Platform, any transactions executed into or the terms entered into over or via the CELEBRATION 24X7 LUSH GETAWAYS Platform or the User-CELEBRATION 24X7 LUSH GETAWAYS relationship shall be subject to the exclusive jurisdiction of the courts at BHOPAL AND MUMBAI. The jurisdiction of such courts is hereby acceded to and accepted by the User

No Waiver: CELEBRATION 24X7 LUSH GETAWAY’S forbearance, failure or delay of any kind  to: (i) exercise any privilege, right or power under the present Terms & Conditions of use; or (ii) enforce the present terms & Conditions of use, shall not behave as a waiver thereof, nor shall any particular or part exercise by CELEBRATION 24X7 LUSH GETAWAY  of any privilege, right or power inhibit any other exercise or enforcement thereof in future.

Severability: It is hereby agreed by the Parties to the present Terms & Conditions of use that every provision provided in the present terms shall be severable, and the enforceability of any of the provision or any part of these terms shall not be affected by the unenforceability of any particular provisions of these terms

  1. Refund Claim Period

In case the User wishes to claim a refund, an option has been provided to raise any such request within 7 days from the User’s checkout date.

 

 

 

 

 

 

ITEM(S)/EQUIPMENT RENTAL TERMS & CONDITIONS FOR PARTY SERVICES

 

OVERVIEW

 

This website is operated by Celebration24x7.com (Hereinafter referred to as Celebration24x7).Wherever the terms “we”, “us” and “our” are used in the website, it refers to Celebration24x7. Celebration24x7 offers this website, along with but not limited to all information, tools and services available from this website to the Customer, conditioned upon the Customer’s acceptance of all Terms, Conditions and Policies stated herein. By visiting this website and/or renting something from this website, the Customer engages in this website’s “Services” and agrees to be bound by the following Terms & Conditions (“Terms of Service”, “Terms”). The following Terms apply to all the Customers of the website, including without limitation the Customers who are browsers, vendors, merchants, and/ or contributors of content. Please read these Terms & Conditions carefully before accessing or using this website. By accessing or using any part of this website, the Customer agrees to be bound by these Terms of Service. If the Customer does not agree to all the Terms &Conditions of this agreement, then the Customer may not access the website or use any Services. If these Terms &Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

 

 

 

 

  1. GENERAL TERMS AND CONDITIONS

 

  • These Terms & Conditions apply to the Services available through Celebration24x7. Transactions made on this website such as Item(s)/Equipment rented through this website and Item(s)/Equipment purchased through this website are offered by Celebration24x7, and the Terms & Conditions of this website govern such transaction, describes the responsibilities of the Customer and, among other things, limits the liability of Celebration24x7.

 

  • Celebration24x7 reserves the right to refuse service to anyone for any reason at any time. The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Item(s)/Equipment offered on this website, use of the Service or Item(s)/Equipment, or access to the Service or any contact on the website and mobile app through which the Services are provided, without express written permission by Celebration24x7. The headings used in the present terms are included for convenience only and will not limit or otherwise affect these Terms.

 

  • The Customer shall not assign or transfer any interest in this Agreement or the Item(s)/Equipment without the written consent of Celebration24x7. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. Celebration24x7 reserves the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.

 

 

  1. TERM

  • This Agreement shall commence on the date a booking is made by the Customer and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Customer while booking the Item(s)/Equipment] expires and the Item(s)/Equipment is returned to Celebration24x7, unless terminated earlier or extended. Certain conditions of the present Terms of Service shall continue to be in existence even after the Item(s)/Equipment is delivered back to Celebration24x7.

 

  1. ITEM(S)/EQUIPMENT SUBJECT TO RENT

 

  • Celebration24x7 may rent the Item(s)/Equipment and other product(s) available online at the website to the Customer upon the condition that the Customer adheres to the terms and conditions prescribed herein.

 

  1. PAYMNET

 

  • The daily rental fee, for each Item(s)/Equipment shall be based at a rate provided in the rental plans available at the website, plus any additional fees incurred. Any additional charge may be added by Celebration24x7 in the event the Item(s)/Equipment is damaged, missing any parts, or if the Item(s)/Equipment is not returned at the end of the rental term. All charges shall commence from the effective date of this agreement. The Customer shall pay to Celebration24x7 an additional overdue charge which shall be equivalent to the daily rental charge for each day the Item(s)/Equipment has not been returned, in addition to the daily rental fee.

 

  • The invoice shall be raised by Celebration24x7 as and when the Item(s)/Equipment is returned to Celebration24x7 or in case of monthly rental on the1st day of every month in which case the due date for payment shall be the 10th day of the month (“Due Date”). Customer shall pay the rental charge as per the invoice raised and mailed to the Customer’s registered e-mail address. Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the rental due amount only. The late fee of 10% shall be applied on the 11thday of the month on the pending amount. In case the Item(s)/Equipment are delivered anytime during the month, the first month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month. In case of order expiry or termination or early cancellation, the last month rental shall be calculated on a pro-rata basis until the date of pickup of the Item(s)/Equipment from Customer.

 

  • The Customer shall make all payments to Celebration24x7 only. Celebration24x7 shall not be liable for any payment made to any broker/third party by the Customer. Celebration24x7 reserves the right to share information with credit rating agencies pursuant to Clause 1 of this Agreement. In the event, the Customer does not make payments to Celebration24x7 or does not return the Item(s)/Equipment and is not traceable, in addition to any other right of Celebration24x7, the Customer agrees that Celebration24x7 shall have the right to reachouttotheCustomer’srelatives,friends,employer,officesandshallinformthemabout the Customer’s default. The Customer hereby agrees that, Celebration24x7 shall not be liable for any inconvenience or loss caused to the Customer for such action by Celebration24x7.

 

  1. SECURITY DEPOSIT

 

  • In addition to the rental fee, the Customer shall pay a security deposit (“Security Deposit”) prior to receiving any Item(s)/Equipment and at the time the Item(s)/Equipment is booked by the Customer. This deposit shall be refunded to the Customer on the termination and after taking delivery of all the Item(s)/Equipment from the possession of the Customer. Once the final quality check is performed on all the Item(s)/Equipment, and in case no damage is found, the Security Deposit shall be refunded within 15-21 working days to the Customer.

 

  • Celebration24x7 shall refund the Security Deposit to the account from which the initial Security Deposit was paid by the Customer, in case the Customer wishes to get the refund to any other account, the Customer shall provide the details of the account to Celebration24x7 via e-mail from the registered e-mail address of the Customer and/or upload the account details on the dashboard available on the Celebration24x7 website, prior to the pickup of the Item(s)/Equipment. The same account details shall be confirmed at the time of the reverse pick up of the Item(s)/Equipment.

 

  • In case any damage is found in any Item(s)/Equipment, Celebration24x7 shall have the right to deduct the charges for the damages or monthly dues from the Security Deposit paid by the Customer and shall refund the remaining amount to the Customer. In case of default in the payment of monthly rentals (including late fee),

Celebration24x7 shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any monthly rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit. The Security Deposit shall not carry any interest for the entire tenure.

 

 

  1. ORDER CONFIRMATION

 

  • On receipt of the order and the Security Deposit, Celebration24x7 shall confirm the order with the Customer by sending a confirmation (subject to successful verification of OTP) to the registered e-mail address of the Customer. In the event, any Item(s)/Equipment selected by the Customer is unavailable, Celebration24x7 shall inform the same to the Customer. Celebration24x7 reserves the right to replace any Item(s)/Equipment selected by the Customer in the event of unavailability.

 

  • The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of the Security Deposit shall not be considered as the valid contract. In the event, the Customer does not accept the substitute Item(s)/Equipment, Celebration24x7 shall refund the Security Deposit paid by the Customer as per Clause 4 of this Agreement.

 

  • The order raised by the Customer shall be processed subject to successful verification of the OTP and serviceability of the Customer location as per Celebration24x7 In case the OTP verification is not successful, or the location is not serviceable by Celebration24x7, Celebration24x7 reserves the right to reject the Customer’s order any time prior to delivery, at its sole discretion without assigning any reason even after successful OTP verification or serviceability of the location. In the event the order is rejected by Celebration24x7, the Security Deposit paid by the Customer shall be refunded to the Customer as per Clause 4 of this Agreement.

 

  • The Customer authorizes Celebration24x7 to verify all the details provided by him/her and verify his/her credit score by evaluating their credit report with the help of any credit bureau and/or any other third party.

 

 

 

 

 

  1. DELIVERY OF RENTED ITEM(S)/EQUIPMENT

 

  • On confirmation of the order by the Customer, Celebration24x7 shall deliver the Item(s)/Equipment to the location specified by the Customer. The Customer shall present to Celebration24x7 an address proof of the location chosen as the place of delivery. The Customer shall be present at the location at the time of delivery agreed between Celebration24x7 and the Customer. In case the Customer is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, Celebration24x7 shall charge an extra delivery cost to the Customer.

 

  • The equipment shall be delivered to the Customer and returned to Celebration24x7 at the Customer’s risk, cost and expense. If a periodic rental rate is charged by Celebration24x7, rental charges are billed to the Customer for each period or portions of the period from the time the equipment is delivered to the Customer until its return. If a term rental rate is charged by Celebration24x7, rental charges are billed to the Customer for the full term even if the equipment is returned before the end of the term. If the equipment is not returned during or at the end of the term, then the rental charges shall continue on a full term basis for any additional term or portion thereof until the equipment is returned.

 

  • Celebration24x7 shall inspect the quality and ensure that the Item(s)/Equipment are working and in usable condition before the delivery of the Item(s)/Equipment to the Customer. The Customer shall inspect the Item(s)/Equipment for any damage and quality during the time of delivery. In case any Item(s)/Equipment is damaged during transit or unfit for use, Celebration24x7 shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Item(s)/Equipment after the acceptance of delivery by the Customer, Celebration24x7 shall not be responsible towards replacing the Item(s)/Equipment and shall levy a damage to be ascertained as per the damage policy below.

 

 

  1. CARE AND OPERATION

 

  • The equipment may only be used and operated in a careful and proper manner.  Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any.
  • In case of renting out a Hookah(s) or other such fragile item(s)/Equipment, the Customer shall maintain a higher duty of care and ensure that such items are not damaged in any way. In case of Damage/Loss, the Customer shall be made to pay double the original cost of such fragile Item(s)/Equipment.

 

 

 

 

  1. LOCATION

 

  • The Customer shall keep the Item(s)/Equipment at the location shown by the Customer as the place of use during the rental period.

 

  • The Customer shall not remove the Item(s)/Equipment from the location shown by the Customer as the place of use of the Item(s)/Equipment without the prior written approval of Celebration24x7. The Customer must inform Celebration24x7 upon demand of the exact location of the Item(s)/Equipment while it is in possession of the Customer.

 

  • In case the Customer wishes to relocate or remove the Item(s)/Equipment from the registered address, a request shall be made to Celebration24x7two days prior to the date the Customer wishes to relocate the Item(s)/Equipment along with the address proof of the new address. Once the request is raised, Celebration24x7 shall remove or relocate the Item(s)/Equipment through its personnel only as per the mutually decided date with the Customer. Relocation shall be subject to successful verification of the OTP of the Customer’s new address and serviceability of the new location. In the event, the location is not serviceable by Celebration 24x7, the same shall be treated as an early closure of the Agreement.

 

  1. ASSIGNMENT

 

  • The Customer shall not assign or transfer any interest in this Agreement or the Item(s)/Equipment without the written consent of Celebration24x7. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement.

 

  1. MAINTENANCE, REPAIR, DAMAGE AND LOSS OF RENTED ITEM(S)/EQUIPMENT

 

  • The Customer hereby agrees that any damage (including but not limited to dent, scratches, breakage, chipping, cracked display, jail break of device, exposure to liquid or dampness or moisture or sand, hardware and software tampering including jailbreak, rooting, unlocking boot ROM, bending of Item/Equipment frame, modifications, unauthorized repairs, tampering of the Item/Equipment serial number and malware installation or any other cause not arising due to manufacturing defect of the Item(s)/Equipment) caused to the Item(s)/Equipment or theft (Including disappearances) or loss, shall be liable towards repair and replacement cost of the Item(s)/Equipment. The Customer shall keep and maintain the rented Item(s)/Equipment in a good state during the term of the rental at his own cost and expense.In the event, the Item(s)/Equipment is stolen or damaged beyond repair, the Customer shall be liable to pay Celebration24x7 the market price of the Item(s)/Equipment. Minor scratches and chipping (depending on size) to certain Item(s)/Equipment shall be considered as normal wear and tear. The extent of damage will be ascertained by comparing against the quality control conditions agreed by the Customer and the photographs taken on delivery and return pickup day.

 

  • Celebration24x7 shall ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Item(s)/Equipment from the Customer. In the event, it is found that in any Item(s)/Equipment, any substandard parts are used, or repair has been carried out by any person not authorized by Celebration24x7, then a penalty may be levied as per the policy of Celebration24x7. Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Item(s)/Equipment shall be considered as a damage to the Item(s)/Equipment and shall be chargeable against the Customer. A damage claim report shall be sent to the Customer’s registered e-mail address.

 

 

  • In case the Item(s)/Equipment is lost (including but not limited to robbery, theft, misplacement) by the Customer, the Customer shall intimate Celebration24x7 immediately and the Customer shall either file a first information report (“FIR”) with the jurisdictional police station and share the copy with Celebration24x7 or shall assist Celebration24x7 in filing the FIR. The Customer shall be liable to pay a penalty amounting to the existing market value of the Item(s)/Equipment, at the time of such incident.

 

  • The Customer shall pay Celebration24x7 full compensation for replacement and/or repair of any Item(s)/Equipment which is not returned because it is lost or stolen or any Item(s)/Equipment which is damaged and in need of repair to put it into the same condition it was in at the time of rental, normal wear and tear excepted. Invoice of Celebration24x7 for replacement or repair shall be conclusive as to the amount the Customer shall pay under this declaration for repair and settlement.

 

 

  1. SERVICE

 

  • Celebration24x7 shall provide the service for the Item(s)/Equipment during the term of this Agreement. In case any service is required for the Item(s)/Equipment, the Customer shall raise the request for the service, however, Celebration24x7 shall try to resolve the issue over call, in case the same is not resolved, Celebration24x7 shall send its representative within 24hours from the date service request is raised by the Customer to assess the service requirement of the Item(s)/Equipment, in case the issue cannot be resolved at the Customer Premises, Celebration24x7 representative shall pick up the Item(s)/Equipment from the Customer and shall deliver a temporary basic Item(s)/Equipment to the Customer. As Celebration24x7 is not an authorized service provider of the Item(s)/Equipment manufacturer, Celebration24x7 shall submit the Item(s)/Equipment with the authorized service centre of the manufacturer and shall inform the duration required for service to the Customer. Once the original Item(s)/Equipment is repaired, Celebration24x7 shall deliver the original Item(s)/Equipment to the Customer and shall collect the temporaryItem(s)/Equipment from the Customer.

 

  • The Customer shall be liable to pay for any quality assessment check (QC) cost incurred by Celebration24x7 or any service charges incurred by Celebration24x7 for the service. In case of manufacturing defect, the Customer shall not be liable to pay the charges for such service. Any service arising out of damage as per clause 8, the Customer shall be liable to pay for such damage.

 

  • In case the service is due to manufacturing defect, the Customer shall be charged the monthly rentals on a pro rata basis for the time period the Item(s)/Equipment is used by the Customer. In case the service is due to the damage done by the Customer, then the Customer shall be liable to pay the regular rentals for the entire duration the Item(s)/Equipment was in service. However, in case the service period exceeds the period the specific Item(s)/Equipment was rented for, the Customer shall not be liable for the duration the Item(s)/Equipment was under service.

 

  1. INSPECTION OF RENTED ITEM(S)/EQUIPMENT

 

  • The Customer shall allow the representatives of Celebration24x7 to enter his premises where the rented equipment is stored or used at all reasonable times to locate and inspect the state and condition of the rented equipment. If the Customer is in default of any of the clauses of the present Terms of Service, Celebration24x7, through its agents, at the risk, cost and expense of the Customer may at any time enter the premises where the rented equipment is stored or used at all time and recover the rented equipment.

 

  • Celebration24x7 reserves the right to inspect the Item(s)/Equipment delivered to the Customer during the term of the Agreement. Celebration24x7 shall provide reasonable prior intimation to the Customer regarding the visit for inspection of its representative to avoid any inconvenience to the Customer. The Customer shall ensure that the representative of Celebration24x7 is provided with proper access to all the Item(s)/Equipment/premises for inspection.

 

 

  1. ALTERATIONS TO THE RENTED ITEM(S)/EQUIPMENT

 

  • The Customer shall make no alterations to the Item(s)/Equipment without prior written consent of Celebration24x7. All alterations shall be property of Celebration24x7 and subject to the term within.

 

  1. NON-USAGE OF RENTED ITEM(S)/EQUIPMENT

 

  • No allowance shall be made for any rented Item(s)/Equipment or portion thereof which is claimed not to have been used. Acceptance of returned equipment by Celebration24x7 does not constitute a waiver of any of the rights of Celebration24x7 regarding the rental. 

 

 

 

 

16.   TERMINATION

·       The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either the Customer or Celebration24x7. The Customer may terminate these Terms of Service at any time by notifying Celebration24x7 that the Customer no longer wishes to use Celebration24x7 Services, or when the Customer ceases using this website. If in the sole judgment of Celebration24x7 the Customer fails, or Celebration24x7 suspects that the Customer has failed, to comply with any term or provision of these Terms of Service, Celebration24x7 also may terminate this agreement at any time without notice and the Customer will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Customer access to this website’s Services (or any part thereof).

·       The Customer shall not pledge or encumber the rented Item(s)/Equipment in any way. Celebration24x7 may terminate this rental immediately upon failure of the Customer to make rental payments when due, or upon the Customer filling for protection from creditors in any court of competent jurisdiction.

 

·       In the event, the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on last day of the rental term.

 

  • Celebration24x7shall have the right to terminate this Agreement immediately in the following events;
  1. Default of payment of rental dues or any other payment dues by the Customer; or
  2. Breach of any of the terms of this Agreement.
  • Consequences of termination:
  1. Celebration24x7shall have the right to take possession of the Item(s)/Equipment delivered to the Customer immediately;
  2. Any payment pending from the Customer shall become payable immediately to Celebration24x7.
  3. The Security Deposit paid by the Customer shall be refunded to the Customer post the damage assessment of the Item(s)/Equipment, as per clause 4 of this Agreement.
  4. In case of termination due to non-payment of rental dues, the Security Deposit refund shall be determined subject to clause 4 of this Agreement.

Notwithstanding any other terms of this Agreement, Celebration24x7shall have the right to terminate the Agreement without any cause by providing notice to the customer.

 

  1. OWNERSHIP OF PRODUCTS

 

  • Celebration24x7and / or its business partners shall at all times during the term of this Agreement, retain title to and / or be the beneficial owners of the Item(s)/Equipment delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Item(s)/Equipment to the Customer. The Customer shall give immediate notice to Celebration24x7if any of the Item(s)/Equipment is about to become liable or is threatened with seizure and the Customer shall indemnify Celebration24x7against all loss and damage caused by such action against its Item(s)/Equipment.

18.  INDEMNIFICATION

  • The Customer shall indemnify, defend and hold Celebration24x7 harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Item(s)/Equipment damage or personal injury arising from the Customer’s use of the Item(s)/Equipment by any cause, except to the extent such is caused by Celebration24x7 negligence or wilful misconduct. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall Celebration24x7 be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Item(s)/Equipment.

·           The Customer agrees to indemnify, defend and hold harmless Celebration24x7 and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the Customer’s breach of these Terms of Service or the documents they incorporate by reference, or the Customer’s violation of any law or the rights of a third-party.

  • The Customer shall indemnify and hold Celebration24x7 harmless for all injuries or damage of any kind for all consequential and special damages for any claimed breach of warranty.

  • The Customer shall pay all reasonable attorney and other fees, the expenses and costs incurred by Celebration24x7 in protection its rights regarding the rental and for any action taken by Celebration24x7 to collect any amounts due to Celebration24x7.

 

  1. ONLINE STORE TERMS

 

  • By agreeing to these Terms of Service, The Customer represents that the Customer is at least the age of majority in the Customer’s state or province of residence, or that the Customer is the age of majority in the Customer’s state or province of residence and the Customer has given Celebration24x7the Customer’s consent to allow any of the Customer’s minor dependents to use this website. The Customer may not use Celebration24x7Item(s)/Equipment for any illegal or unauthorized purpose nor may the Customer, in the use of the Service, violate any laws in the Customer’s jurisdiction (including but not limited to copyright laws). The Customer must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of the Customer’s account and all Services.

 

 

  1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

  • Celebration24x7 shall not be responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at the Customer’s own risk. This website may contain certain historical information. Historical information, necessarily, is not current and is provided for the Customer’s reference only. Celebration24x7 reserves the right to modify the contents of this website at any time, but Celebration24x7 has no obligation to update any information on this website. The Customer agrees that it is his responsibility to monitor changes to Celebration24x7 website.

 

  1. MODIFICATIONS TO THE SERVICE, ITEM(S)/EQUIPMENT AND PRICES

 

  • Prices for Celebration24x7Item(s)/Equipment or Services are subject to change without notice. Celebration24x7 reserves the right at any time to modify or discontinue the Service (or any part or content thereof) or Item(s)/Equipment offerings without notice at any time.Celebration24x7 reserves the right to modify or discontinue the Item(s)/Equipment and Service offering(s) on the website that have not yet been rented by the Customer. Item(s)/Equipment or Services that have already been paid for by the Customer shall by fulfilled by Celebration24x7 unless unusual or extreme circumstances exist such as but not limited to going out of business or an Act of God.Celebration24x7 shall not be liable to the Customer or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

 

  1. ITEM(S)/EQUIPMENT OR SERVICES

 

  • Certain Item(s)/Equipment or Services may be available exclusively online through the website. These Item(s)/Equipment or Services may have limited quantities and are subject to return or exchange only according to the Terms & Conditions enumerated herein. Celebration24x7 has made every effort to display as accurately as possible the colours and images of its Item(s)/Equipment that appear at the store. Celebration24x7 cannot guarantee that the Customer’s computer monitor's display of any colour will be accurate. Celebration24x7 reserves the right, but is not obligated, to limit the sales of its Item(s)/Equipment or Services to any person, geographic region or jurisdiction. Celebration24x7 may exercise this right on a case-by-case basis.Celebration24x7 reserves the right to limit the quantities of any Item(s)/Equipment or Services that it offers. All descriptions of Item(s)/Equipmenttheir pricing are subject to change at any time without notice, at the sole discretion of Celebration24x7. Celebration24x7 reserves the right to discontinue any Item(s)/Equipment at any time. Any offer for any Item(s)/Equipment or Service made on this website is void where prohibited. Celebration24x7 does not warrant that the quality of any Item(s)/Equipment, Services, information, or other material purchased or obtained by the Customer will meet his expectations, or that any errors in the Service will be corrected.

 

23. ACCURACY OF BILLING AND ACCOUNT INFORMATION

·        Celebration24x7 reserves the right to refuse any order the Customer places with it. Celebration24x7 may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Celebration24x7 makes a change to or cancel an order, it may attempt to notify the Customer by contacting the e?mail and/or billing address/phone number provided at the time the order was made. Celebration24x7 reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at the website. The Customer agrees to promptly update his account and other information, including his email address and credit card numbers and expiration dates, so that Celebration24x7 can complete his transactions and contact him as needed.

24. OPTIONAL TOOLS

  • Celebration24x7 may provide the Customer with access to third-party tools over which Celebration24x7 neither monitors nor has any control of input. The Customer acknowledges and agrees that Celebration24x7 provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Celebration24x7 shall have no liability whatsoever arising from or relating to the Customer’s use of optional third-party tools.

 

  • Any use by the Customer of optional tools offered through the website is entirely at the Customer’s own risk and discretion and the Customer should ensure that he is familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Celebration24x7 may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

25.  CANCELLATION :

You can cancel an order up until one day before the agreed date of delivery without any extra cost. Once delivered, an existing order cannot be cancelled.

 

 

26.  THIRD-PARTY LINKS

·        Certain content, Item(s)/Equipment and Services available via Celebration24x7 Service may include materials from third-parties. Third-party links on this website may direct the Customer to third-party websites that are not affiliated withCelebration24x7.Celebration24x7 is not responsible for examining or evaluating the content or accuracy andCelebration24x7 does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, Item(s)/Equipment, or Services of third-parties.Celebration24x7 is not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. The Customer must review carefully the third-party's policies and practices and make sure to understand them before he engages in any transaction. Complaints, claims, concerns, or questions regarding third-party Item(s)/Equipment should be directed to the third-party.

 

27.  CUSTOMER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

·        If, at the request of Celebration24x7, the Customer sends certain specific submissions (for example contest entries) or without a request from Celebration24x7 the Customer sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), the Customer agrees that Celebration24x7 may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the Customer forwards to Celebration24x7.Celebration24x7 shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.Celebration24x7 may, but has no obligation to, monitor, edit or remove content that it determines in its sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. The Customer agrees that his comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Customer further agrees that his comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The Customer may not use a false e?mail address, pretend to be someone other than himself, or otherwise misleadCelebration24x7 or third-parties as to the origin of any comments. The Customer is solely responsible for any comments he makes and their accuracy.Celebration24x7 takes no responsibility and assume no liability for any comments posted by the Customer or any third-party.

28. ERRORS, INACCURACIES AND OMISSIONS

·        Occasionally there may be information on this website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Item(s)/Equipment descriptions, pricing, promotions, offers, Item(s)/Equipment shipping charges, transit times and availability. Celebration24x7 reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after the Customer has submitted his order). Celebration24x7 undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

29.  PROHIBITED USES

·        In addition to other prohibitions as set forth in the Terms of Service, the Customer is prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate intellectual property rights of Celebration24x7 or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Celebration24x7 reserves the right to terminate the Customer’s use of the Service or any related website for violating any of the prohibited uses.

30. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

·        Celebration24x7 does not guarantee, represent or warrant that the Customer’s use of Celebration24x7 Service will be uninterrupted, timely, secure or error-free. Celebration24x7 does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. The Customer agrees that from time-to-time Celebration24x7 may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to the Customer. Celebration24x7 does not guarantee, represent or warrant that the Customer’s use of Item(s)/Equipment being rented on the website will be uninterrupted, timely, secure or error-free. Celebration24x7 does not warrant that the results that may be obtained from the use of any Item(s)/Equipment on the website will be accurate or reliable. The Customer agrees that from time-to-time Celebration24x7 may remove Item(s)/Equipment for indefinite periods of time or cancel the Service at any time, without notice to the Customer. The Customer expressly agrees that his use of, or inability to use, the Service is at his sole risk. The Service and all Item(s)/Equipment and Services delivered to the Customer through the Service are (except as expressly stated by Celebration24x7) provided 'as is' and 'as available' for the Customer’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

·        In no case shall this website, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, advisors, service providers, vendors, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Customer’s use of any of the Service or any Item(s)/Equipment procured using the Service, or for any other claim related in any way to the Customer’s use of the Service or any Item(s)/Equipment, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Item(s)/Equipment) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Celebration24x7 shall be limited to the maximum extent permitted by law.

  • Celebration24x7 makes no warranty of any kind regarding the rented Item(s)/Equipment, except that Celebration24x7 shall replace the equipment with identical or similar Item(s)/Equipment if the Item(s)/Equipment fail to operate in accordance with the manufacturer’s specifications and operation instructions. Such replacement shall be made as soon as practicable after the Customer returns the non-conforming equipment.

31.   SEVERABILITY

·           In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

32. ENTIRE AGREEMENT

·           The failure of Celebration24x7 to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by Celebration24x7 on this website or in respect to The Service constitutes the entire agreement and understanding between the Customer and Celebration24x7 and govern the Customer’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Customer and Celebration24x7 (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this agreement.



33. LIMITATION OF LIABLITY

·           In no event shall Celebration24x7 be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data of any kind in connection with use of the Item(s)/Equipment, even if it has been advised of the possibility of such damages. Notwithstanding any other provision of this Agreement Celebration24x7’s total liability to Customer shall not exceed the total amount of 1 (One) week rental collected from the Customer.

34. BINDING EFFECT

·           The Terms and Conditions contained herein shall apply to and bind both Celebration24x7 and the Customer and their heirs, legal representatives, successors and permitted assigns of  Celebration24x7 and the Customer.

35. GOVERNING LAW AND DISPUTE REOLUTION

·           These Terms of Service and any separate agreements wherebyCelebration24x7 provides the Customer Services shall be governed by and construed in accordance with the laws of The Union of India.

  • All disputes relating to this agreement shall be governed by and interpreted in accordance within the law and the Customer irrevocably agrees that the Courts in Bhopal shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the agreement, regardless of individual party location.  Parties irrevocably submit to the exclusive jurisdiction of the Courts in Bhopal.

36. CHANGES TO TERMS OF SERVICE

·           The Customer can review the most current version of the Terms of Service at any time at this website. Celebration24x7 reserves the right, at itssole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to this website. It is the Customer’s responsibility to check this website periodically for changes. The Customer’s continued use of or access to this website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

37.  CONTACT INFORMATION

·           All questions about the Terms of Services should be mailed at ______________.Celebration24x7 may change the E-mail address from time to time by providing information on the website.

 

Terms of Use For Lush Getaway

 

The following Terms of use form part of an agreement bound by law and executed between Users (“User(s), you, your, yourself”) and New Way Celebrations Pvt. Ltd. and/or its subsidiaries and affiliates (“CELEBRATION 24X7 LUSH GETAWAYS , we, us, our”). The present terms shall govern the use of the Company’s internet website, mobile based application, (which shall collectively be referred to as “CELEBRATION 24X7 Platform”) which help enable the User to get connect with us in regards to various services that are offered by us via the CELEBRATION 24X7 Platform ("Services").

 

Kindly go through the current terms prudently before gaining access to or using, receiving or utilizing any of the products and/or Services being offered by CELEBRATION 24X7 LUSH GETAWAYS. In case you disagree with any of the given Terms of Use you must stop using the CELEBRATION 24X7 Platform and/or Services. The present Terms & conditions of use are to be read in concurrence with the other terms and conditions of use which apply in maintaining the use of CELEBRATION 24X7 Platform and Services.

 

All rights to make amendments to the present Terms & Conditions of Use at any time are solely reserved by CELEBRATION 24X7 LUSH GETAWAYS at its discretion. It is the responsibility of the User to get updated to the latest Terms& Conditions of Use periodically, and the continued usage of the CELEBRATION 24X7 Platform and its Services by the User is to be regarded as a deemed acceptance of these Terms & Conditions of use and the changes thereto.

 

1. Scope of The Terms & Conditions of use

CELEBRATION 24X7 LUSH GETAWAYS by way of the CELEBRATION 24X7 Platform provide the service of connecting the Users with third parties for using CELEBRATION 24X7 LUSH GETAWAYS Partner properties which are under the management and/or ownership of third parties (“Stay Partners”).

 

2. Eligibility Criterion

The User should be of a minimum age of eighteen (18) years or more and should be legally capable to enter into, perform and adhere to the given Terms & Conditions of Use. Though personals under 18 years of age may avail or browse the CELEBRATION 24X7 LUSH GETAWAYS Platform, the same shall be done by them only under the supervision, guidance and involvement of the parents and / or legal guardians of such Users and under the registered account of such parent /legal guardian. Rights are reserved with CELEBRATION 24X7 LUSH GETAWAYS to discontinue the access of the User and to reject to grant the User access to the CELEBRATION 24X7 Platform in case CELEBRATION 24X7 LUSH GETAWAYS  discovers the fact that the User is under the age of 18 years.

 

 

3. Using the CELEBRATION 24X7 Platform :

The User may avail the Services provided by CELEBRATION 24X7 LUSH GETAWAYS through the CELEBRATION 24X7 Platform once the User provides CELEBRATION 24X7 LUSH GETAWAY with User particulars and information. It is required of the User to provide The CELEBRATION 24X7 Platform with certain fundamental data (E-mail address of the User, User’s location, contact number etcetera) which facilitates us in determining if the requested services could be provided to the User. Once the requisite information has been provided by the User in the prescribed format, and after CELEBRATION 24X7 LUSH GETAWAYS has determined that the requested services can be availed by you, you can avail the said requested services on the CELEBRATION 24X7 platform.

During your registration with us, you must confirm that the Account Information submitted by you in the registration form of CELEBRATION 24X7 Platform is latest, complete and authentic. The User is strictly prohibited to use another user’s account information.

 

4. Term & Termination

Any booking(s) made on the CELEBRATION 24X7 Platform is non-reversible, except in case the Terms& Conditions of use articulated herein are confirmed to along with the satisfaction of terms enunciated in the cancelation policy. Rights are reserved with CELEBRATION 24X7 LUSH GETAWAYS to unilaterally to make cancellations to any of the booking(s) at any instance. 

 

5.     Usage terms

 

The Services provided and the information and materials made available on the CELEBRATION 24X7 Platform may unintentionally be prone to certain outdated information, typographical errors, or inaccuracies, CELEBRATION 24X7 LUSH GETAWAYS holds no responsibility for and shall not be liable to upkeep any such unintentional errors related to typography or pricing which have been mentioned inadvertently on the CELEBRATION 24X7 Platform. Rights are reserved with CELEBRATION 24X7 LUSH GETAWAYS  to rescind or decline orders placed by the User at any instance, which includes but is not limited to any order containing incorrect product prices or descriptions, any order which CELEBRATION 24X7 LUSH GETAWAY  believes to have been placed by the User in violation of the applicable laws or the present terms& Conditions of Use, orders which we believe to be harmful to CELEBRATION 24X7 LUSH GETAWAYS or order placed with CELEBRATION 24X7 LUSH GETAWAYS which are believed to be based on fraudulent, illegal or deceitful usage/furnishing of information or which are believed to be based on false information. No warranty or representation is made by CELEBRATION 24X7 LUSH GETAWAYS with regards to the accuracy, quality, or exhaustiveness of any information, product, data or Service. CELEBRATION 24X7 LUSH GETAWAYS categorically denies any express or implied warranties regarding the error free or uninterrupted operation/functioning, non-infringement, authenticity, completeness, preciseness, availability, suitability, quality, reliability, timeliness, continuity, performance, fitness for a specific purpose, workmanlike effort, lack of viruses or other harmful components of the Services and/or products.

7. Prohibited Content:

Before having started to use the Services provided by the CELEBRATION 24X7 Platform, the User must warrant to CELEBRATION 24X7 LUSH GETAWAS that this CELEBRATION 24X7 Platform shall not be used by the User shall for any illegal purpose, or any other purpose that is not authorized by, or is inconsistent with the present terms& conditions of use. The User must agree that the license of using CELEBRATION 24X7 LUSH GETAWAYS Platform shall stand terminated immediately in case the User's violates this warranty. Right is reserved by CELEBRATION 24X7 LUSH GETAWAYS, , to terminate/dismiss the User's access to the CELEBRATION 24X7 LUSH GETAWAYS Platform along with the content provided therein at any instance, with or without notice which shall be at the sole discretion of CELEBRATION 24X7 LUSH GETAWAYS.

 

5. Terms specifically applicable to Customer :

Users who will avail the Services/products provided by CELEBRATION 24X7 through the CELEBRATION 24X7 Platform (hereinafter referred to as “Customers”) shall be directed by the following terms & conditions

 

A.         Reservation or booking of services

It may be required of the User to disclose certain personal and confidential information during process of booking Services from this CELEBRATION 24X7 Platform. The user shall not use/access this web site from any computer that you don’t trust including unsecure servers, unsecure mobile phones, unsecure computers, unsecure communication links, or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services in order to avoid any unauthorized personnel from possibly gaining access to your confidential information such as name, address etc. It is confirmed, agreed, confirmed and acknowledged by the user that prior to making any booking on the CELEBRATION 24X7 Platform regarding any services, the User must verify the price and description of the service carefully. The User, by placing an order for a Service agrees to having been bound by the present terms which includes the description of the Services being sought. The order shall be placed by you only after you are fully satisfied with the description, price and look as is displayed on CELEBRATION 24X7 Platform. CELEBRATION 24X7 LUSH GETAWAYS shall not be held liable for any delayed or unsatisfactory performance of services or any kind of damages or delays which come as a result of the act’s or omissions of the Stay Partner. It is hereby undertaken, agreed, declared, represented, promised, warranted & confirmed by the User to CELEBRATION 24X7 LUSH GETAWAY:

 

i.          There is no legal or other deficiency on part of the User which is preventing or may prevent the User from: (i) Taking part into a valid contract as per the applicable laws; and (ii) To make valid payment to CELEBRATION 24X7 LUSH GETAWAY for the Services which have been ordered by the User.

ii.         If CELEBRATION 24X7 LUSH GETAWAY detects any suspicious activity from User’s account, we reserve the right to revoke all pending/future orders on account of any such incident and for which we shall have no liability whatsoever towards the User.

iii.        The User shall at all times while using the CELEBRATION 24X7 Platform strictly comply with the payment procedure and the terms mentioned herein in their entirety.

iv.        The user may redeem any of the promotions, bookings and offers subject to current and applicable directives and guidelines of the Central and State Government, as maybe issued periodically. The Users are advised and encouraged to exercise discretion and remain aware of the prevalent and relevant guidelines and directives issued by the Central and State Government.

 

A.         Payment & Usage Fee

The User understands and agrees to pay the usage fee as indicated on the CELEBRATION 24X7 Platform for availing the Services through the mode(s) of payment available on the CELEBRATION 24X7 Platform only after which reservation requested by the User will be finalised. After finalising the reservation, CELEBRATION 24X7 LUSH GETAWAYS will debit this usage fee from the payment mode which the User chooses. It is agreed and acknowledged by the User that the procedure for payment may also require supplementary verification ofdata given by the User and the User undertakes to submit proper, correct and complete information.

 

In order to receive payments from User CELEBRATION 24X7 LUSH GETAWAYS will use third party payment providers. CELEBRATION 24X7 LUSH GETAWAYS shall not be held responsible for the delays or errors occurring in the execution of the transaction nor will the reservations be cancelled on account of issues related to payments. Utmost care shall be taken by CELEBRATION 24X7 LUSH GETAWAYS while working with third party payment providers, however we do not control the third party technology, systems, work flows and processes and hence, we cannot be made liable for any fault arising due to the payment providers.

 

B.         No Warranty

The User, by using the CELEBRATION 24X7 Platform hereby acknowledges and agrees to the fact that CELEBRATION 24X7 LUSH GETAWAY does not own the property neither does it control the attitude or decorum of the persons responsible for managing any property or the suitability, fitness or the quality of the services which are provided by third party providing services at the property regarding which CELEBRATION 24X7 LUSH GETAWAYS denies any and all liabilities. The User is requested to please take proper care of their personal belongings and valuables. Neither CELEBRATION 24X7 LUSH GETAWAYS nor its employees shall be responsible for ‎any theft, loss, misappropriation or damage to the personal valuables and belongings of the Guest.

 

8. Communications

 

The User may be communicated by CELEBRATION 24X7 LUSH GETAWAYS through the User’s email or through any other such medium of communication, may it be electronic or otherwise. The User categorically agrees that CELEBRATION 24X7 LUSH GETAWAYS shall not be held liable for any kind of alteration of or unauthorized access to the User’s broadcast or information, or any text or information sent or received or not sent or received. Further, best efforts will be made by CELEBRATION 24X7 LUSH GETAWAYS for protecting the confidentiality and privacy of the personally identifiable information of the User available with us, however there can be no guarantee of absolute secrecy regarding transmissions made by means of the internet.

 

9. Privacy

The User is requested to kindly go through the privacy policy which also directs the User’s use of CELEBRATION 24X7 LUSH GETAWAYS Platform and/or Services accessible on the present page. 

 

10. Indemnification

The User hereby agrees to defend, indemnify, and hold CELEBRATION 24X7 LUSH GETAWAYS harmless which includes but is not limited to the agents, employees and affiliates against and from any and all liabilities, damages, losses, demands, claims, costs and expenses (which shall include the legal fees and other disbursements connected therewith and any interest that is chargeable thereon), which is alleged against or is brought upon CELEBRATION 24X7 LUSH GETAWAY and which arises out of or relates to the User’s use and/or misuse of the website, any violation by the user of the present terms and conditions, or any breach of warranties ,representations and covenants made by the User herein. The User shall do the aforesaid in addition to and without prejudice to any other legal recourse, remedy or relief available to CELEBRATION 24X7 LUSH GETAWAYS herein or any other laws in exercise or otherwise

 

11. No warranty

The Services furnished by CELEBRATION 24X7 LUSH GETAWAYS are on an "as is" basis and ar without any kind of warranty, may it be categorical, latent, legal, statutory or otherwise, and which includes the implied warranties of merchantability, non-infringement, title or fitness for any specific objective.

 

Clarification is hereby made that CELEBRATION 24X7 LUSH GETAWAYS and STAY Partners are distinct and separate entities bodies and CELEBRATION 24X7 LUSH GETAWAYS is not working as an agent or representative of the STAY Partner. The User, when making a reservation/booking at the Accommodations listed on the web site, executes the commercial and contractual terms which are offered by and agreed to solely between the STAY Partner and the User.

 

CELEBRATION 24X7 LUSH GETAWAYS holds no responsibility and is not required to mediate or provide any dispute resolution between User and STAY Partner.

 

The User may contact CELEBRATION 24X7 LUSH GETAWAYS for mediation or for resolving any dispute pertaining to online payments or in case there occurs a disagreement between the User and the Channel Partners.

 

12. Limitation of Liability

Without regard to anything contradictory to what is provided herein or elsewhere, the entire liability of CELEBRATION 24X7 LUSH GETAWAY'S towards the user regarding any claim which arises out of using CELEBRATION 24X7 LUSH GETAWAYS services and/or browsing the CELEBRATION 24X7 LUSH GETAWAY platform shall be restricted to the amount equivalent to the price paid for the product and/or services which have given rise to such claim.

 

13. General Provisions

Governing Law and Jurisdiction: The present terms & Conditions of use, and all business dealings entered into over or via CELEBRATION 24X7 Platform shall be understood, deduced, explained and governed by the laws of India. The laws of India shall apply to the present terms & Conditions of use not with standing the principles of conflict of laws. It is agreed by the User that all disputes, claims and differences having been arisen consequent to or connected or related to the CELEBRATION 24X7 Platform, any transactions executed into or the terms entered into over or via the CELEBRATION 24X7 LUSH GETAWAYS Platform or the User-CELEBRATION 24X7 LUSH GETAWAYS relationship shall be subject to the exclusive jurisdiction of the courts at BHOPAL AND MUMBAI. The jurisdiction of such courts is hereby acceded to and accepted by the User

 

No Waiver: CELEBRATION 24X7 LUSH GETAWAY’S forbearance, failure or delay of any kind to: (i) exercise any privilege, right or power under the present Terms & Conditions of use; or (ii)enforce the present terms & Conditions of use, shall not behave as a waiver thereof, nor shall any particular or part exercise by CELEBRATION 24X7 LUSH GETAWAY  of any privilege, right or power inhibit any other exercise or enforcement thereof in future.

 

Severability: It is hereby agreed by the Parties to the present Terms & Conditions of use that every provision provided in the present terms shall be severable, and the enforceability of any of the provision or any part of these terms shall not be affected by the unenforceability of any particular provisions of these terms.

14. CANCELLATION

If in case a booking has to be cancelled by the customer because of certain reasons the same is allowed and a full refund will be made to the customer subject to certain conditions.

We will fully refund any booking cancelled up to 24 hours prior to scheduled check in date. For any cancellation within 24 hours of scheduled check-in, the complete booking amount shall be deducted as cancellation charges.

 

In case you decide to cancel a booking after scheduled check-in time or do not show up at the Property, the complete booking amount shall be deducted as cancellation/no show charges.

Mid Stay Cancellations are not allowed and no part of the amount shall be refunded if the cancellation is made during the stay.

15. Refund Claim Period

In case the User wishes to claim a refund, an option has been provided to raise any such request within 7 days from the User’s checkout date.

 

 

 

 

 

 

 

 

 

 

Terms and Conditions for Hustle Vs. Muscle

 

1.          The Contest is organized by CELEBRATION 24X7 (Conductor) and is open all individual participants who:

 

(i) are above 18 (eighteen) years of age;

(ii) …………………………….

In case of participation by Participants who are below 18 (eighteen) years of age, participation in this Contest will be deemed as participation with the prior consent and knowledge of the Participant’s parents/guardian.)

 

2.         The Contest shall commence and conclude as notified by the conductor. Entries received after the Contest Period shall not be entertained and shall be considered ineligible for the Contest.

 

3.         To participate in the Contest, the participants ("Participants") will be required to log on to the CLELEBRATION 24X7 Website and follow the procedure laid thereinand must be in accordance with the Contest terms and conditions.

 

4.         By participating in the Contest, the Participants agree to be bound by any rules, regulations, guidelines or policies ("Rules") associated with the Contest and agree to be bound by any decisions made by the conductor, including any interpretations of such Rules by the conductor.

 

5.         The participant must disclose their medical conditions to the conductor and thereby also undertake that the conductor will not be responsible for any kind of injury or medical ailments suffered by the participant during the contest.

 

6.         The Conductor reserves the right to disqualify the Participants immediately from the Contest if Participants have supplied untruthful, inaccurate, incorrect or misleading details and/or information, of any nature and/or have failed to abide by the Rules and/or are in breach of the terms hereof.

 

7.         The Conductor shall have the right to choose a total of ………… contest winners from the Participants.

 

8.         Prize: Each Winner shall win the following prize corresponding up-to the maximum value as stated below (“Prize”), subject to the terms and conditions stated herein.

 

9.         The Conductor shall have the right, at its sole discretion, to change/modify/replace or omit the Prize listed above and the Winners shall not have the right to claim any damages or monies from the Conductor. By participating in this Contest the Winners waive their right to make any such or other claims against the Conductor.

 

10.       The Prizes shall, at the discretion of the Conductor, be distributed by the Conductor or may be collected by the Winners at such dates, times and locations as specified by the Conductor, which dates shall be within the 3 months following the dates on which the Winners are notified/announced by the Conductor.

 

11.        All costs and expenses not specifically covered by the Conductor and not set out herein shall be solely borne by the Winners and no monies will be reimbursed by the Conductor.

 

12.        For the purpose of clarification and avoidance of doubt, the Prize does not include any personal expenses of the Winner and the Winner shall be responsible for any additional expenses/incidental expenses required to be incurred to avail the Prize and/or incurred otherwise. The stay of the participant, and other incidental amenities during the contest will be provided by the conductor but the conductor does not take any warranty for the availability and quality of such stay and incidental amenities like food, water, wash-rooms etc. The participant shall be at the liberty to arrange for their own personal amenities.

 

13.        The Winners hereby represent and warrant that they will comply with all the Rules associated with the Contest including but not limited to the Terms & Conditions mentioned herein and associated with the Prize, and that the Winners shall personally be liable for any breach thereto.

 

14.       In the event of unforeseen circumstances beyond the control of the Conductor, and the Prize not being made available to the Winners, or the said Contest/ Prize being cancelled, the Winners shall not have the right to claim any damages or monies from the Conductor and by participating in this Contest, the Winners waive their right to make any such claims against the Conductor.

 

15.       Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time-to-time, arising out of the Prizes, shall be borne and paid by the Winners. In case the Winners fail to comply with the applicable laws or pay the requisite taxes, duties orlevies, if any, the Winners shall indemnify the Conductor of any losses, claims, expenses, costs and actions for the same.

 

16.        The Participants acknowledge that they do not have any medical, physical and/or emotional condition which can jeopardize their eligibility for participation in the Contest.

 

17.        The Winners acknowledge that the Conductor shall not be liable for any mishap, injury, accident, untoward incident, physical harm of any nature, death, loss of life or limb, etc., caused to them, including, either before, during or after availing the Prize; or before, during or after the Contest; or while travelling to or away from the Event Location; and no such accident (etc.) will be attributed to the Conductor and the Conductor shall not be held responsible for the same nor shall the Conductor be liable to indemnify or make good any claim being raised against it, for whatsoever nature.

 

18.       The Prize shall not be transferable, negotiable and/or redeemable for cash. No request shall be entertained by the Conductor in this behalf. Only the Winner and no other person can claim the Prize for or on behalf of the Winner.

 

19.        Employees (including their immediate family) of the Conductor, its affiliates and associates and sponsors, are not permitted to participate in the Contest.

 

20.       The Personal Information of the Winners shall be provided by the Conductor to others assisting the Conductor in this regard, including its affiliates, associates, authorities, agents, sponsors, employees, prize suppliers, distributors, deliverers and service providers (as applicable).

 

21.        The Participants hereby agree and undertake that mere announcement/declaration of being announced as a Winner shall not entitle him/her to the Prize. Only upon fulfilling all Rules mentioned herein, to the satisfaction of the Conductor, including compliance with all precautionary measures and agreeing to the terms of the release letter, shall the winning be validated.

 

22.       The Participant hereby agrees that certain celebrities will be involved in the competition a host or guest appearance or to perform any other task as agreed between the conductor and themselves, and it shall be the responsibility of the participants to not indulge with the celebrity in their personal capacity, nor to indulge into any kind of act which can be labelled as harassment or a violation of the private space of the celebrity.

 

23.       The Participants hereby agree and undertake that they shall not accept or undertake to accept/give or undertake to give, either directly or indirectly, any gifts, commission or other favour, of any kind whatsoever, to facilitate their winning the Contest. Any knowledge of such an act shall lead to immediate disqualification of such Participants and the Conductor shall be entitled to take any/all actions against such Participants, as deemed fit by it.

 

24.       The Conductor shall not be responsible for the quality or deficiency of the Prizes and no claim or request, whatsoever, in this respect shall be entertained by the Conductor.

 

25.       The Conductor shall not entertain any questions, correspondence, enquiries on the manner of conduct of the Contest and grant of the Prize from any party whatsoever.

 

26.       It is clarified that the Winners shall, in no circumstance, have any rights or claims against the Conductor.

 

27.       The Conductor is not responsible for any errors or omissions in the Terms & Conditions contained herein. All information provided in the Contest is provided "as is" without warranty of any kind. The Conductor makes no representations and disclaims all express, implied and statutory warranties of any kind to the Participants and/or the Winner and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.

 

28.       Under no circumstance, shall the Conductor and their respective directors, employees, officers, agents or representatives be liable to the Participants and/or the Winners and/or any third party for any lost profits or lost opportunities, indirect, special, consequential, incidental, or punitive damages whatsoever, even if the Conductor has been advised of the possibility of such damages. The Participants and the Winner specifically agree not to file in person/through any family member and/or any third party, any applications, criminal and/or civil proceedings in any courts or forum in India against the Conductor, its parents, subsidiaries, associates, affiliates and group entities, and their respective directors, employees, officers, agents or representatives to claim any damages or relief in connection with the Contest.

 

29.       It is the Participants’ responsibility to ensure that their Personal Information is always updated and accurate in order to be able to receive the Prize/ notification in time.

 

30.       The Conductor may, at any time, at its discretion, cancel the Contest, change these Terms & Conditions, the Rules and/or the Prize mentioned herein, without prior notice, and the Participants acknowledge that such change shall be binding upon them.

 

31.        The Participants and the Winners acknowledge that they will not hold the Conductor and/or any of its affiliates or agencies engaged by it with regard to this Contest liable for any loss of opportunity and/or monetary loss due to their participation in the Contest.

 

32.       By participating in the Contest and accepting the Prize, the Winners waive all copyrights and any related rights and consents of the Conductor’s right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the Contest Winners and/or publish any content submitted by them. The Winners further grant irrevocable consent in perpetuity to use, edit, exhibit, publish and/or exploit the same, in any and all applications including advertising, commercials, promotion, stories, text, illustrations, articles and commercial exploitation, throughout the world, in any and all media, mode or format whether now existing or hereinafter developed, including but not limited to radio, broadcast and television, newspapers, magazines, and electronic media, at any time without the Winners’ further knowledge or consent and without any compensation whatsoever.

 

33.       The Conductor reserves the right to terminate, modify or extend this Contest, and its Terms and Conditions, at any time at its absolute discretion, without assigning any reason whatsoever. In case of any dispute or difference in respect of this Contest, decisions of the Conductor shall be final, binding and irrevocable.

 

34.       The invalidity or unenforceability for any reason of any part of these Terms & Conditions shall not prejudice or affect the validity or enforceability of the remaining parts and each part of these Terms & Conditions is distinct and at all times severable from the rest of the Terms & Conditions.

 

35.       No waiver of any rights by the Conductor will be taken as a waiver of any other rights it may have. For instance, if the Conductor waives its right to object to a particular breach of these terms and conditions by a Participant/Winner, it does not prevent the Conductor from objecting to any other breaches by that Participant/Winner or any other Participant/Winner.

 

36.       The Contest shall be subject to the exclusive jurisdiction of competent Courts at Bhopal and the law applicable shall be Indian Law.

 

 

 

 

 

 

 

 

 

 

 

Service Agreement For Shadi Bells

……………………………

(the “Customer”)

- AND –

New Way Celebrations Pvt. Ltd.

(the “Service Provider”).

BACKGROUND:

1.          The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.

2.         The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.

 

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

Services Provided

1.          The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the “Services”) consisting of:

………..( Insert comprehensive list of services/goods)

2. The Services will also include any other tasks which the Parties may agree on. The Service Provider hereby agrees to provide such Services to the Customer.

Term of Agreement

3. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.

4. In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 10 days notice to the other Party.

5. Except as otherwise provided in this Agreement, the obligations of the Service Provider will end upon the termination of this Agreement.

Performance

6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Currency

7. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in INR (Indian Rupees).

Compensation

8. For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the “Compensation”) to the Service Provider as follows:

• The Customer will pay the Service Provider per project agreed. Each project has its own costs and the Service Provider agrees to inform the Customer what are the costs involved when setting the quotation and the Customer agrees to pay the total amount when the project is delivered.

9. The Compensation will be payable as decided between the parties.

10. The above Compensation includes all applicable sales tax, and duties as required by law.

Provision of Extras

11. The Customer will not provide any resources, assistance or extras for use by the Service Provider in providing the Services.

Reimbursement of Expenses

12. The Service Provider will not be reimbursed for expenses incurred by the Service Provider in connection with providing the Services of this Agreement.

Confidentiality

13. Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Customer which would reasonably be considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Customer and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.

14. The Parties agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information. This obligation will survive indefinitely upon termination of this Agreement.

15. All written and oral information and material disclosed or provided by the Customer to the Service Provider under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Service Provider.

Return of Property

16. Upon the expiry or termination of this Agreement, the Customer will return to the Service Providerany property, documentation, records, or Confidential Information which is the property of the Customer.

Capacity/Independent Contractor

17. In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Notice

18. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:

(Insert mailing address of both parties)

or to such other address as any Party may from time to time notify the other.

Dispute Resolution

19. In the event a dispute arises out of or in connection with this Agreement, the Parties will attempt to resolve the dispute through friendly consultation.

20. If the dispute is not resolved within a reasonable period then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is unavailable or is not successful in resolving the entire dispute, any outstanding issues will be submitted to final and binding arbitration in accordance with the Arbitration and Conciliation Act 1996.

Modification of Agreement

21. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

Time of the Essence

22. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

23. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.

Entire Agreement

24. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.

 

Governing Law

25. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of India and in effect on that date, without regard to the jurisdiction in which any action or special proceeding may be instituted.

 

Severability

26. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

27. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.