USER TERMS & CONDITIONS

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under in force, and the provisions pertaining to electronic records in various applicable statutes as amended by the Information Technology Act, 2000 from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.  

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the internet resource at www.thepehchaanco.com(“Website”).

These user terms and conditions (“User T&C”) of the Website between Pehchaan Pratibha Private Limited (“The Pehchaan Company” or “We” or “Our”) and the persons accessing or using our Website as a registered user, a visitor or a guest (“You” or “Your” or “Yourself” or “User”).

Please read the User T&C before using or accessing the Website. By visiting the Website, You agree that these User T&C shall be a legally binding agreement between the User and the Website. If you do not agree to be bound by this User T&C you may not access, use this Website.

1. INFORMATION

Welcome to The Pehchaan Company! The Pehchaan Company is the exclusive owner in the of the Website and is responsible for maintaining the Website and providing the technical support for the same. We reserves the right in Our sole discretion to remove any content, data, information, material, service, photographs, videos available and your comments/ remarks, if any, on the Website (“Website Content”) from time to time.

The Pehchaan Company is a venture under the company, M/s. Pehchaan Pratibha Private Limited (“Company”) (CIN: U74999KA2022PTC168858) which is registered under the provisions of the Companies Act, 2013 having its registered office at No 4C, 4th Floor, Rajmahal Apartments, 9th Main, Sadashivnagar, Bangalore – 560080 Karnataka, India.

2. SERVICES

The Pehchaan Company as a host and aggregator, offers a platform to various storytellers, artists, singers, painters, dancers, musicians etc. (“Artists”) to showcase their talent at uniquely curated events organized by The Pehchaan Company for specific targeted audience (“Events”). The sale and purchase of tickets to the Events through the platform of this Website shall be governed by this User T&C (“Services”).

3. TERMS FOR USAGE OF WEBSITE

Your use of this Website is subject to the following terms of use:

1. The Content on the pages of this Website is for Your general information and use only. It is subject to change at the discretion of The Pehchaan Company without any notice to You.

2. You agree to use the Services, the Website therein only for the purposes that are permitted by (i) this User T&C; (ii) any applicable law, regulation, or accepted practice in the relevant jurisdiction.

3. You shall not use any deep-link robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Website Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, or Website Content.

4. Your use of any information or materials on this Website is entirely at Your own risk, for which We shall not be liable.

5. Any of Your violation of this User T&C may result in legal liability upon You. Nothing in this User T&C should be constructed to confer any rights to You, any third party or any other person. Your use of this Website means You are consenting to this User T&C and agree to be legally bound by it.    

6. The Pehchaan Company does not guarantee or provide any warranties relating to the Services offered by it through the Website.

7. You as an User shall not upload, comment or provide review for Services, publish or share any information (or relating to the Artist) on the Website, that is grossly harmful, harassing, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racially, ethically objectionable, or unlawful in any manner whatsoever.  

8. You hereby consent, and agree that you have read and fully understand the User T&C and Privacy Policy of this Website. You further consent that the User T&C and Privacy Policy are acceptable to you.

4. USER REGISTRATION AND REGISTRATION OBLIGATIONS

9. You may create a login account (“Account”) to avail our Services, promotional services and intimation/ information of our upcoming events available on the Website.  

10. Registration as an User on the Website is free of cost. For registration as a guest for attending the Events, You shall be required to provide the following accurate and correct User information amongst others as may be requested by The Pehchaan Company from time to time:

1.  Full Name;
2. Address;
3. Age;
4. Mobile Number; and
5. Email address.

11. You, while registering as an User, shall be required to provide true, accurate, correct and complete information as required in the User registration page on the Website. You agree and represent that You are 18 (eighteen) years and above and mentally sound to enter into this User T&C/ e-agreement on the Website with The Pehchaan Company.  

12. If You provide any information that is untrue, inaccurate, incorrect and/or incomplete or The Pehchaan Company has reasonable grounds to believe that such information is untrue, inaccurate, incorrect, incomplete or not true at the time of registration of Your Account then, The Pehchaan Company shall not be held responsible for any kind of loss or damage whatsoever caused to You as a User of the Website.

13. You may be able to access, use the Website by logging into your account with your credentials from certain third-party sites including some social networking sites. You confirm that you are the owner of any such account and that you are entitled to disclose your login information to us. You authorize us to collect your authentication information, and other information that may be available on or through such third-party account consistent with your applicable settings and instructions.

14. You are responsible to keep the password confidential and immediately notify us if you suspect any unauthorized use of your user account, email address or any breach of security, or if any authorized third party becomes aware of that password. You agree that if you disclose to any person your user name or password, they are authorized to act as your agent for the purposes of accessing, using this Website. You are entirely responsible to maintain the confidentiality of your password.

15. We request all accounts to be registered with a regularly accessed, valid personal e-mail address, mobile number so that we can communicate with you. We reserve the right to close without any prior notice, any accounts which have been registered with third party’s e-mail address / mobile number or with temporary e-mail addresses / mobile number. Users may be required to re-validate their accounts if we believe they have been using an invalid e-mail address / mobile number.

16. By creating an account, you agree to receive certain communications from us, including, but not limited to Events alerts, Events reminders, orders confirmation/ details, transaction details, administrative messages and commercial messages. Such communications shall be via mobile phone, e-mail or other method as determined by us.

17. The Pehchaan Company may add the selected participants to the official WhatsApp group created by The Pehchaan Company to co-ordinate with the participants for the scheduled Events.

18. The Pehchaan Company shall be entitled to remove the participants from the WhatsApp group upon completion of the scheduled Events rendered by The Pehchaan Company.

19. If, at any time, You wish to exit the WhatsApp group, You are required to send an email intimation of Your intention to exit the group via Your registered e-mail to The Pehchaan Company. The Pehchaan Company shall then comply with such request within a reasonable period of time.^[a]

5. RIGHTS OF THE PEHCHAAN COMPANY

20. We reserve the right to charge subscription and/or membership fees from the Users at any time as deemed appropriate by us for the Services provided through this Website.

21. We reserve the rights to decline any new user registration or to cancel any existing user registration at any time without giving prior notice to the User. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Website and its Services, your account details or any files or other content, which is contained in your account.

22. We may decide not to authorize any transaction if it believes that the transaction is in violation of the Website User T&C or is for the fulfillment of an illegal purpose. You give us express authorization to share information about your User Account, and any other information with law enforcement.

6. INTELLECTUAL PROPERTY RIGHTS

23. The Website including but not limited to the process, text, graphics, visual/ user interfaces, sounds and music (if any), artwork, designs, code, structure, photographs, videos, contents on the Website, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks, arrangement of the Website Content (“Content”) is owned by The Pehchaan Company and protected by applicable copyright, patent and trademark laws and other applicable laws of India.

24. The trademarks, logos/ service marks displayed on the Website (“Marks”) are the sole and absolute property of The Pehchaan Company. You are not permitted to use the Marks without the prior written consent of The Pehchaan Company in any manner whatsoever.

25. The Pehchaan Company owns all the intellectual property rights relating to the trademark “The Pehchaan Company” and variants thereof, and the domain name, including but not limited to, all rights, title and interest in the copyright, related rights, patents designs, know-how, inventions (including pending patent), goodwill, source code, databases, text, graphics, icons and hyperlinks relating to the Content.

26. You acknowledge and agree that You shall not copy, download, republish, post, display, reproduce, distribute, transmit any Content through any medium without obtaining any prior written consent and authorization from The Pehchaan Company. The access to the Website does not grant You any right to copy, download, republish, post, display, reproduce, distribute, transmit any Content.

27. Unless specifically requested, We do not wish to receive any confidential, secret or proprietary information or other material from You. By submitting or sending information or other material to Us, You represent and warrant that the information is original to You and that no other party has any rights to the material. By submitting or sending information or other material to Us You grant Us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Website, any and all communications and/or information transmitted by You to or through the Website will not be treated as confidential or proprietary.

7. PAYMENT FOR SERVICES

28. We have a number of payment modes/ methods available for You for the Services rendered by The Pehchaan Company.

29. You may choose to pay for the Services via Net Banking, Debit/Credit Card , UPI, Wallets or any other mode as prescribed on the Website.

30. All payments made by the Users shall be in Indian Rupees (INR). The Pehchaan Company does not support payments in foreign currencies/ bitcoins/ other forms of payments that are not recognized by the Reserve Bank of India.

31. If in any case, your payment transaction fails, please contact us marketing@thepehchaanco.com and/ or +91-9717012420

32. While availing any of the payment modes/ methods available on this Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:  

1. Lack of authorization for any transaction(s); or
2. Exceeding the present limit mutually agreed by You and between bank; or
3. Any payment issues arising out of the transaction; or
4. Decline of transaction for any other reason(s).

8. REFUND POLICY

33. In case the Event booked by You is cancelled by Us, the money paid for such Event shall be fully refunded to You. It shall take a minimum of 15 working days to process your refund to your original source/ bank account from which Your payment(s) were debited towards processing towards the Services.

34. In case of your cancellation of reservation(s)/ ticket(s) for Event via the Website, refund shall be processed as per the below cancellation and refund policy:

It shall take a minimum of 15 working days to process your refund to your original source/ bank account from which Your payment(s) were debited towards processing towards the Services.

35. You agree and acknowledge that in no event shall The Pehchaan Company be liable to refund any money paid by You in the event of Your cancellation of reservation(s) within 48 hours of the scheduled Event or no show for such Events

9. TYPOGRAPHICAL AND OTHER ERRORS

36. While The Pehchaan Company takes reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. We do undertake to update or correct such information and reserve the right to modify, delete and rearrange any or all of the information of the Website at any time without notice to You. While we make reasonable efforts to prevent unauthorized tampering with the Website, we do not guarantee that our efforts will always be successful. Therefore, as set out below under “Disclaimer of Warranty”, we do not warranty that the Website/ Website Content/ Content will be error-free and disclaims any liability for such errors.

10. DATA PRIVACY

37. This Website’s Privacy Policy [Add hyperlink to the Privacy Policy] governs Our collection, use and disclosure of Your Personal Information and is incorporated into these User T&C. Please read it carefully. It describes what information we collect from You and when, how, and why use it. This is important for Your information. By providing Your Personal Information and by using Our Website, You consent to Our Website’s Privacy Policy.  

11. REPRESENTATIONS AND WARRANTIES OF THE USER

38. You and You on behalf of your guests undertake that during the use of this Website and presence at the Events:

1. not engage in insulting, harassing, abusing, bullying, threatening, demeaning, or otherwise promote violence against any individual, organization, or particular group, including, without limitation, individuals or groups identified by their race, sex, creed, age, color, national origin, religious affiliation, marital status, gender identity, language, sexual orientation, or handicap;
2. shall comply with all applicable laws and you will be solely responsible for any violations of such laws.

39. You agree and provide your consent to us that we shall have all rights necessary to enable users to sync their electronic devices with any information that is visible to them on the Website.

40. You acknowledge and agree to comply with all applicable local laws and regulations and these User T&C when using this Website and/ or attending the Events and you will be solely responsible for any violations of such laws and regulations.

41. You and You on behalf of your guests acknowledge and agree that We and/or our affiliates shall not be liable for any kind of legal issues arising between You and the Government Authorities for breach of local laws and regulations. You further acknowledge that We may investigate any violations of law and/or may cooperate with law enforcement authorities in prosecuting Users in such violations.

12. DISCLAIMER OF WARRANTIES

42. You expressly understand and agree that, Your access or use of this Website is at Your sole risk. The Website is provided on an “as is” and “as available” basis. We and our affiliates, officers, agents, representatives, and employees expressly disclaim all warranties of any kind, whether express or implied including but not limited to the implied warranties of merchantability, non-infringement.

43. We, our associates, and our technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, of the Website Content, third party links or communications provided on through the use or access of this Website or that the operation of the Website will be error free and/or uninterrupted. We do not assume any liability whatsoever for any monetary or other damage suffered by You on account of any delay, failure, interruption, disclosure of any confidential information by other parties or corruption of any data or other information transmitted in connection with the use of the Website.

44. This disclaimer constitutes an essential part of the User T&C.  

13. ENTIRE AGREEMENT

45. These User T&C together with the Privacy Policy made available on the Website, as amended from time to time, constitute the entire agreement between You and Us. If any provision of these User T&C or any policy are considered unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these User T&C or any policy and shall not affect the validity and enforceability of any remaining provisions.  

14. PROHITBITION OF USE OF UNLAWFUL SUBSTANCES

46. The Pehchaan Company has a strong intolerance policy against usage of any illegal substances. You and You on behalf of your guests agree and acknowledge that you shall not carry, possess, induce, indulge, trade or consume such substances at the Events.

47. The Pehchaan Company shall not be held liable in any manner whatsoever if you are caught in possession or are using any illegal substances/drugs during the Event(s) rendered by Us.

48. Any unlawful activity carried out by You and your guests at the Events shall not hold Us, liable in any manner whatsoever.

15. LIMITATION OF LIABILITY

49. Use of the Website is at Your own risk. While we make reasonable efforts to ensure the safety and functionality of Our Website, these efforts may fail and errors may occur. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS OF THE COMPANY, EMPLOYEES, REPRESENTATIVES, AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED, TO LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT THE COMPANY HAD ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BASED ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES THEREIN.

50. NOTWITHSTANDING ANYTHING CONTRARY, THE PEHCHAAN COMPANY’S ENTIRE LIABILITY TO YOU UNDER THIS USER T&C IS LIMITED TO THE REFUND OF THE FEES PAID BY YOU FOR THE SERVICES PROVIDED BY THE PEHCHAAN COMPANY, SUBJECT TO FULFILMENT OF THE TERMS AND CONDITIONS OF THE ‘REFUND POLICY’.

51. THE PEHCHAAN COMPANY SHALL IN NO EVENT BE LIABILE OR RESPONSIBLE FOR ANY ACTIVTIES UNDERTAKEN AND/OR ENGAGED BY ANY OF ITS EMPLOYEES, DIRECTORS, REPRESENTATIVES, AGENTS OR ANY PERSON(S) EMPLOYED/APPOINTED BY THE PEHCHAAN COMPANY, IN THEIR PERSONAL CAPACITY AND ACTS AND DEEDS DONE BY SUCH PERSONS BEYOND THEIR ROLES AND RESPONSILIBITES FOR WHICH THEY ARE EMPLOYED/APPOINTED BY THE COMPANY.

16. INDEMNITY

52. You agree to indemnify, defend and hold harmless, The Pehchaan Company its employees, directors, officers, agents, representatives, successors, assigns from and against any and all claims, losses, liabilities, damages, demands, costs, expenses (including legal attorney’s fees and disbursements in connection therewith and interest chargeable thereon) which assert against or incurred by The Pehchaan Company as a result of, or breach of any representation, warranty, undertaking or User responsibility under these User T&C, or arising out of Your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy.

53. This clause shall survive for perpetuity.

17. TERMINATION

54. The User T&C will continue to apply until terminated by The Pehchaan Company.

55. In case You are not in breach to the terms of this User T&C and if You wish to terminate this User T&C/ agreement with The Pehchaan Company, You may do so by (a) not accessing the Website; or (b) closing/deleting Your Account.

56. The Pehchaan Company may at its sole discretion and at any time with or without prior notification to You terminate or suspend these User T&C without cause or with cause if:

1. You breach any of the provision of the User T&C, the Privacy Policy or terms and conditions of other policies of the Website applicable to You; and
2.  The Pehchaan Company is required to do by any applicable law/rule/regulation in force.

57. The Pehchaan Company shall not be liable to You or any third party for any such termination.

58. Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.

18. LINKED SITES

59. The Website may contain links to other third-party websites of interest. These links are made available only for convenience. We do not take any liability and/ or responsibility for the protection and privacy of any information that is collected by such websites/ You provide whilst visiting such websites and hereby disclaim any responsibilities for the content of the linked website(s) or the services/ products/ information offered or availed of therein. Such websites contain their own separate terms and conditions and privacy policy. Your access to these websites will require acceptance of their terms and conditions.

19. GENERAL TERMS

60. Electronic Contracting: Your affirmative act of using, accessing this Website constitutes your electronic signature to this User T&C, which includes our Privacy Policy, acceptable use policy and additional terms, if any, and your consent to enter into agreements with us electronically.

61. Force Majeure: The Company, its agents, affiliates, representatives, directors, employees, officers shall not be held liable for any acts beyond its control or any Act of God. For sake of brevity “Act of God” shall mean and include the occurrence of any war, flood, fire, cyclone, earthquake, COVID19, any other calamity caused by nature affecting the Events/ Services offered by The Pehchaan Company.

62. Modification of Services: The Pehchaan Company reserves the right to modify or discontinue (completely or partially) from its Website, Services, or any Website Content therein. We will not be liable to You or any third party if We exercise this right. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

63. No third-party beneficiaries or rights:  These User T&C shall not create any private right of action on part of any third party.

64. Dispute Resolution & Governing Law: The User T&C and all related transactions entered and the relationship between You and The Pehchaan Company and any claims shall be governed in accordance with the laws of India. All claims, differences, dispute arising under or in connection with or in relation to the Website, the User T&C or any transactions entered into or through the Website shall be subject to the exclusive jurisdiction of the courts in Bangalore, Karnataka, India and You hereby accede to and accept the jurisdiction of such courts. Except, to the extent You have in any manner violated or threated to violate this The Pehchaan Company’s intellectual property rights, We may seek injective or other appropriate relief in any court in India or internationally, and You consent to the exclusive jurisdiction and venue in such courts.

65. Assignment: You shall not assign or otherwise transfer the rights and obligations under these User T&C to any third party. The Pehchaan Company ’s rights and obligations are transferable to any third party/ies without the requirement of seeking Your consent or prior notice to You.

66. Severability: If the court of competent jurisdiction finds any provisions of these User T&C, or portion thereof to be unenforceable, the same shall not affect the any other provisions of the User T&C. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.      

67. Complaints and Feedback: In the event that You have any grievances pertaining to the Services provided through the Website or the Events of The Pehchaan Company, please feel free to email us at marketing@thepehchaanco.com and kindly provide Your name, email address, physical address so that, We may be in the position to verify the details or check the authenticity of the complaint.

USER CONFIRMATION AND ACCEPTANCE

Use of Website is available only to persons who can form legally binding contract under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Website.

I/WE HEREBY CONFIRM THAT I/WE HAVE THE LEGAL CAPACITY TO ACCEPT THE USER TERMS AND CONDITIONS.

I/WE HEREBY CONFRIM THAT I/WE ARE DULY REGISTERED WITH THE WEBSITE AND ALL THE INFORMATION PROVIDED BY ME/US IN RESPECT OF THE ACCOUNT AND AVAILAING THE SERVICES IS TRUE AND ACCURATE TO THE BEST OF MY/OUR KNOWLEDGE AND BELIEF.

I/WE CONFIRM THAT I/WE HAVE FULLY UNDERSTOOD THESE TERMS AND CONDITIONS.

*****