This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This legal contract between you and VenueMonk ("VenueMonk") which govern your use of www.venuemonk.com (the "Website") and VenueMonk's online listing and booking platform for event locations ("Venues") and related services available via the Website.
In this document, we refer to our services, technologies and Website collectively as the "Services". For convenience, we also use the following defined terms: "Listing" means a Venue that is listed by you as Venue Owner for rental purposes via the Services; "End User" means a person who wishes to hire a Venue as contemplated herein, as described under "Creating an VenueMonk Account" below; and "Venue Owner" means an End User of the Services who registers with VenueMonk to create a Listing for Venues.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH VENUE OWNERS MAY LIST VENUES AND END USERS MAY CHOOSE AND BOOK THE VENUES OF THEIR CHOICE. YOU UNDERSTAND AND AGREE THAT VENUEMONK'S SERVICES BRING VENUE OWNERS AND END USERS TOGETHER; HOWEVER, VENUEMONK IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENUE OWNERS AND END USERS. AS A RESULT, VENUEMONK HAS NO CONTROL OVER THE CONDUCT OF VENUE OWNERS OR END USERS VIA THE SERVICES OR VENUES FEATURED ON THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
How VenueMonk Works
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
Creating an VenueMonk Account or Event
As an End User:
As a Venue Owner :
Bookings and Financial Terms
5.1 The Venue Owners, not VenueMonk, are solely responsible for fulfilling Venue Visits and bookings, and making available any Venues reserved through the Services. It is the Venue Owner and not VenueMonk which determines the Venue booking fees due and payable by the End User to the Venue Owner for and related to a booking of the Venue and the possible fee range for booking a Venue provided in the Listing. Payments are all transacted through Bill Desk, PayPal, or other third party payment service methods (collectively, "Payment Facilities") or the VenueMonk payment processing gateway (the "Gateway").
5.2 Making an Inquiry About a Venue; Venue Visits. As an End User, you can make an inquiry regarding a Venue, request to schedule a Venue Visit or request a quote for a Venue Booking Fee for a Venue by completing an online inquiry form. Within twenty-four (24) business hours of your submission of the form, a Venue Owner representative will contact you. Venue Visits are subject to the approval of the applicable Venue Owner. You may contact a Venue Owner representative should you wish to cancel or reschedule a Venue Visit. Should you wish to arrange a booking for a Venue after a Venue Visit or otherwise, you agree to make such booking via the Services only.
5.3 Booking a Venue. After you receive a response to your inquiry from Venue Owner, including a quote, and your Venue Visit (should you choose to schedule one), you may contact Venue Owner to make your booking via the Services. If the Venue you wish to book is available on the dates and at the times you request and you choose to book the Venue via the Services, VenueMonk will collect the entire Venue Booking Fee, on behalf of the Venue Owner at the time of booking
Insurance and Taxes
As a END USER, you agree that it is his/her sole responsibility to obtain any insurance as required by law or otherwise related to your booking of a Venue or your activities on the Services. VenueMonk does not carry any insurance for bookings made or Venues featured on the Services. END USER is also solely responsible for determining any tax requirements or obligations you may have related to any bookings made via the Services. VenueMonk cannot and does not offer tax advice to any End User.
Booking Changes and Cancellations
Please note that change and cancellation procedures and penalties for bookings vary depending on the policies of the applicable Venue Owner. Any such cancellation procedures and penalties are those of the Venue Owner and not of VenueMonk, and VenueMonk has no responsibility or liability in this regard. The END USER agrees that he/she will accept any terms, conditions and restrictions associated with any Venue imposed by the Venue Owner, including, but not limited to, any change or cancellation fees. If you have any complaints or questions about your experience with a Venue Owner or a Venue, or if you wish to cancel a booking made via the Services, please contact the applicable Venue Owner directly. Please note that VenueMonk is not responsible for resolving any disputes between End Users and Venue Owners or processing any changes to or cancellations of bookings, and disclaims any and all liability in this regard. Nothing in this clause shall affect the Venue Owners obligation towards the VenueMonk in respect of the payment of the Listing fees in respect of such Venue in question.
Content on VenueMonk
9.1 Key Definitions. "Content" means text, graphics, images, music, software, audio, video, information, works of authorship or other materials. "VenueMonk Content" means all Content that VenueMonk makes available through the Services, including any Content licensed from a third party, but excluding End User Content and Venue Owner Content. "End User Content" means all Content that an End User posts, uploads, publishes, submits or transmits to be made available through the Services. "Website Content" means End User Content, Venue Owner Content and VenueMonk Content. "Venue Owner Content" means all Content that a Venue Owner posts, uploads, publishes, submits or transmits to be made available through the Services, including, but not limited to, Listings.
9.4. End User Content. VenueMonk permit End Users to post, upload, publish, submit or transmit End User Content, including, but not limited to, reviews of Venues. By making available any End User Content through the Services, you hereby grant to VenueMonk a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify for formatting purposes, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such End User Content in connection with the Services, including for promotion of the Services, directly or indirectly by intermediaries, and to authorize others to do the same.
9.5. The End User agrees to be solely responsible for all the End User Content and represents and warrants that: (a) He/she owns the End User Content that you provide through the Services, and (b) has all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to VenueMonk the rights in the End User Content you provide via the Services. The End User also represents and warrants that your use of, and your authorization of VenueMonk's use of, the End User Content you provide via the Services will not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Intellectual property laws protect the Services and VenueMonk Content. Except as expressly provided in these Terms, VenueMonk and its licensors own all rights in the Services and VenueMonk Content. VenueMonk has no ownership rights in End User Content. You must not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Website Content. The End User agrees that he/she has no right to, or title in or to, any Website Content (except for the End User Content that you provide) or any other attributes associated with your Account. Likewise, the Venue Owner shall not use any content while listing the Venue in the Website that violates the intellectual property of VenueMonk or any Third Party.
Our Services may be used and accessed for lawful purposes only. Both Venue Owner and the End User undertake and agree not to perform any of the following while using or accessing the Services:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Website, or any individual element within the Services, VenueMonk's name, any VenueMonk trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without VenueMonk's express written consent;
Access, tamper with, or use non-public areas of the Services, VenueMonk computer systems, or the technical delivery systems of VenueMonk providers;
Attempt to probe, scan, or test the vulnerability of any VenueMonk system, network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by VenueMonk or any of VenueMonk's providers, or any other third party (including another End User) to protect the Services or Website Content;
Attempt to access or search the Website or Website Content or download Website Content from the Website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by VenueMonk or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a VenueMonk trademark, logo URL or product name without VenueMonk's express written consent;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Website Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Website Content;
Interfere with, or attempt to interfere with, the access of any End User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; Collect or store any personally identifiable information from the Services from other End Users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.
Links to Third-Party Websites
The Services may include links to other Websites and services that are not operated by VenueMonk. We are providing these links only as a convenience and are not responsible for the content or links displayed on such Websites. Venue Owner and End User both are responsible for and assume all risk arising from such use or reliance of any third-party Websites.
Termination and Account Cancellation
VenueMonk does not endorse the End User, Venue Owners, or any Venues featured on the Services. In addition, we do not attempt to confirm, and do not confirm, any End User's or Venue Owner's purported identity. The End User is responsible for determining the identity and suitability of others whom you contact via the Services. VenueMonk will not be responsible for any damage or harm resulting from your interactions as a End User with other End Users of the Services. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other End Users and Venue Owners will be limited to a claim against the particular End Users or Venue Owners who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from VenueMonk in this regard.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT VENUEMONK DOES NOT CONDUCT BACKGROUND CHECKS ON ANY VENUE OWNER OR END USER. THE VENUE OWNER AND THE END USER UNDERSTAND AND AGREE THAT THE SERVICES ARE BEING PROVIDED TO YOU ON "AS IS" AND ON AN "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, VENUEMONK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VENUEMONK MAKES NO WARRANTY THAT THE SERVICES OR WEBSITE CONTENT, INCLUDING BUT NOT LIMITED TO, THE LISTINGS OR ANY VENUES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. VENUEMONK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, VENUES, OR ANY SERVICES OR WEBSITE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY WEBSITE CONTENT OBTAINED THROUGH THE SERVICES.
VENUE OWNER AND THE END USER ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER END USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY VENUE OWNERS. THE END USER UNDERSTANDS THAT VENUEMONK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF END USERS OF THE SERVICES OR REVIEW OR VISIT ANY VENUES. VENUEMONK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF END USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE END USERS OF THE SERVICES. BOTH VENUE OWNER AND THE END USER AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH EACH OTHER AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE SERVICES.
As an End User:
As a Venue Owner :
Limitation of Liability
As an End User:
In respect of a venue owner :
In no event shall VenueMonk be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and Payment Facilities, its services or this agreement (however arising, including negligence).
VenueMonk's liability in any circumstance is limited to the amount of fees, if any, paid by you to VenueMonk. VenueMonk, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or payment facility will be error free and/or uninterrupted. Consequently, VenueMonk assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or payment facilities in any manner
- Any interruption or errors in the operation of the Website or payment facilities. You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if VenueMonk has been advised of the possibility of such damages).
In respect of an End User:
- In case of any dispute arising out of this Agreement, the Parties hereto shall first attempt for an amicable resolution in next 30 days. If the parties fail to arrive at any resolution/settlement, then either party may invoke the Arbitration for further resolution. The Arbitration shall comprise two arbitrators, as appointed by each party and a presiding arbitrator who shall be independently appointed by the other two arbitrators.
- The Arbitration proceedings shall take place in Rajkot, Gujarat and the same shall be governed by the Arbitration and Conciliation Act, 1996. The proceedings of the Arbitration shall be conducted in English language.
- The award passed by the Arbitrators shall be final and binding on both the Parties and the courts of Rajkot, Gujarat shall have exclusive jurisdiction.
Any notice or communication by the Venue Owner or the End User may be sent to the following address firstname.lastname@example.org
We welcome feedback, comments and suggestions for improvements to the Services ("Feedback") and Venue Owner and/or the End User can submit feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Compliance of Laws