Webvibe Infotech Pvt. Ltd. (herein after will be referred as WEBVIBE or We) is company registered under Companies Act 2013 and is engaged in the business of providing IT solution to its customers. We have developed a platform namely Shaadivibe a wedding website to provides valuable wedding-related vendors and other information to aspiring people looking for marriage related services. The services offered by us include the Shaadivibe websites located at Shaadivibe.com or any sub domain of Shaadivibe.com (the " Shaadivibe Website"), the Shaadivibe wedding planning app, Shaadivibe For Vendor app, and any other feature, content or applications offered from time to time by Shaadivibe in connection with the Shaadivibe Website whether accessed directly or through our application for mobile devices (collectively, the "Shaadivibe Services"). Shaadivibe is only a platform that connects prospect wedding clients and vendors that the Clients are willing to associate with to undertake their services. Shaadivibe is a wedding aggregation platform.
These Terms of Use (this "Agreement") set forth the legally binding terms for your use and are to be complied with in addition to any agreement or terms agreed upon between the Parties for the Shaadivibe Services. By using the Shaadivibe Services, whether as a "Visitor" (meaning you simply browse the Shaadivibe website) or as a "User" (meaning you have registered with and/or submitted content to the Shaadivibe website either as an individual or as a company), you agree to be bound by this Agreement and the Shaadivibe Privacy Policy located at www.Shaadivibe.com/privacy. This Agreement includes your rights, obligations and restrictions regarding your use of the Shaadivibe Services, please read it carefully. User (and “You”) may refer to both Customers as well as Vendors for the purpose of this Agreement. The term “Customer” shall refer to individuals or Parties undertaking Shaadivibe Services through the Shaadivibe platform and the term “Vendor” refers to the individual or entities listed on the Shaadivibe platform who provide services to the customers.
If you do not agree with the Terms of this Agreement, you should leave the Shaadivibe Website and discontinue use of the Shaadivibe Services immediately. If you wish to become a User, submit content, video or images, communicate with other Users and generally make use of the Shaadivibe Services, you must read this Agreement and indicate your acceptance during the content submission process. By using the Shaadivibe services or by doing any of the above, you are complying with all our terms and conditions and clauses mentioned hereinafter.
Shaadivibe reserve the right to modify this Agreement from time to time and each modification will be effective when it is posted on the Shaadivibe Website. You agree to be bound to any changes to this Agreement through your continued use of the Shaadivibe Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes. We suggest you to ensure before you upload, submit or embed content. Once you agree to terms and condition of this agreement, you are permitted to upload, submit to or embed on the Shaadivibe services ONLY photos or other content for which you own copyright to or have right to publish in public domain. By uploading , submitting or embedding photos or other content, that you do not own copy right to or do not otherwise have the right to publish, you may be subject yourself to legal liability ( see section 4,5,6 below) it shall be your responsibility to establish that you have right to upload photos and other content to the Shaadivibe services and Shaadivibe takes No Liabilities of The Same whatsoever. 1. Eligibility:
Use of the Shaadivibe Services is void where prohibited. By registering, you : (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, as far as age, jurisdiction, laws of land, etc. are concerned and
(ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Shaadivibe Services 2. Term :
This Agreement shall remain in full force and effect while you use the Shaadivibe Services or are continuing as User/ Vendor on the website. Shaadivibe may terminate your use of the Shaadivibe Website or the Shaadivibe Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you. Upon such termination of agreement, the User shall be stopped from using Shaadivibe Services and all content shall remain to be the Property of Shaadivibe. 3. User & Shaadivibe Content :
I. Shaadivibe does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively referred as , "User Content") that you upload to, submit to, or embed on the Shaadivibe platform; expect content created in collaboration with the Shaadivibe team for its own events/ perusal. In such cases, the same will be specified while creating the content in question. II. You represent and warrant that you own the User Content posted by you on or through the Shaadivibe Services. or that you otherwise have sufficient right, title and interest in and to such User Content to grant Shaadivibe the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Shaadivibe Services. Shaadivibe shall not be liable for any violation of Copyright or any other Intellectual Property or other rights being violated in any manner whatsoever and the User/Vendor posting the same shall be liable. III. After posting, uploading or embedding User Content to the Shaadivibe Services, you continue to retain such rights in such User Content as you held prior to posting such User Content on the Shaadivibe Services and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing ("posting") any User Content on or through the Shaadivibe Services, you hereby grant to Shaadivibe a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), rearrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the Shaadivibe Services on in any Shaadivibe publication will include attribution to the photographer and/or copyright holder. Shaadivibe holds the right to remove any User content posted by you on the website in the event that Shaadivibe finds such content to be violative, inappropriate or worthy of being removed in any manner whatsoever and shall not be held liable for the same. IV. Without this license, Shaadivibe would be unable to provide the Shaadivibe or its publications. For example, the license you grant to Shaadivibe is non-exclusive (meaning you are free to license your Content to anyone else in addition to Shaadivibe), fully-paid and royalty-free (meaning that Shaadivibe is not required to pay you for the use of the User Content that you post), sublicensable (so that Shaadivibe is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Shaadivibe), and worldwide (because the Internet and the Shaadivibe are global in reach). V. This license will terminate at the time you remove your User Content from the Shaadivibe Services except as to any User Content that Shaadivibe has sublicensed prior to your removal of your User Content from the Shaadivibe Services, which license shall continue in perpetuity. To remove User Content, please send a request to info@Shaadivibe.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Shaadivibe Website. We will remove the item(s) as quickly as possible. In the event that Shaadivibe uses the Vendor’s content on its website it shall do so while giving credit to the Vendor. VI. Shaadivibe does not take liability to ensure protection of the content posted on the website/platform. In the event that the Vendor posts content on the website and the same is infringed by another Vendor or any other third party, it shall not be the liability of Shaadivibe. We attempt to prevent such copying and infringement by applying our watermark on each image, but take no responsibility to further protect the content. VII. The Shaadivibe Services contain Content owned by Shaadivibe ("Shaadivibe Content"). Shaadivibe Content is protected by copyright, trademark, patent, trade secret and other laws, and Shaadivibe owns and retains all rights in the Shaadivibe Content and the Shaadivibe Services. Shaadivibe hereby grants you a limited, revocable, non-sublicensable license to view the Shaadivibe Content (excluding any software code) solely for your personal use in connection with viewing the Shaadivibe Website and using the Shaadivibe Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Shaadivibe Content appearing on or through the Shaadivibe Services VIII. The Shaadivibe Services contain Content of other Users and other Shaadivibe licensors ("Third Party Content") and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the Shaadivibe Website and using the Shaadivibe Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the Shaadivibe Services. In the event that any User is found to be in violation of another person’s Intellectual Property or any other rights in any manner, they shall be absolutely and solely liable and no liability shall be laid down on Shaadivibe for the same. 4. Prohibited Content :
Shaadivibe reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate; and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Shaadivibe deems to be inappropriate: Content that criticizes a business or individual beyond that of merely offering an opinion Content that harasses or advocates harassment of another person Content that exploits people in a sexual or violent manner Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website Content that includes racially, ethically, or otherwise objectionable language Content that is libelous, defamatory, or otherwise tortious language Content that solicits personal information from anyone under 18 Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming" Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users Content that is owned, created or belongs to a third party and the entity posting/publishing such content has no authority to do so Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes 5. Prohibited Activity You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Shaadivibe Services:- a) copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or Shaadivibe Content appearing on or through the Shaadivibe Services b) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets c) covering or obscuring the banner advertisements on your personal profile page, or any Shaadivibe page via HTML/CSS or any other means d) any automated use of the system, such as using scripts to add friends or send comments or messages e) interfering with, disrupting, or creating an undue burden on the Shaadivibe Services or the networks or services connected to the Shaadivibe Services f) attempting to impersonate another User, person, or representative of Shaadivibe g) using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account h) selling or otherwise transferring your profile, without our permission i) using any information obtained from the Shaadivibe Services in order to harass, abuse, or harm another person j) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Shaadivibe Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose k) using the Shaadivibe Services in a manner inconsistent with any and all applicable laws and regulations
6. Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Shaadivibe or others (including without limitation Third Party Content or Shaadivibe Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. Since Shaadivibe is a content-heavy platform, owing to the content generated by Shaadivibe as well as their multiple vendors and customers, Shaadivibe takes copyright & Intellectual property/proprietary rights extremely seriously. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Shaadivibe Services in a way that constitutes copyright infringement, please provide us with relevant proof and we be happy to take corrective action accordingly. 7. Customers Users accept and acknowledge that they are only visiting Shaadivibe platform to obtain information about a Vendor and that the deal or book for the same is done individually, separate from Shaadivibe platform and hence, they shall not hold Shaadivibe liable in any manner for any issues that may arise in the future, related to such Vendor or such booking /deal. The Customer accepts and agrees that all transactions occur between the Users and Shaadivibe is not involved in the same in any manner. In the event that a Customer shares their content & photographs with Shaadivibe for being featured on our platform, such content & photographs shall belong to the Customers and once shared with Shaadivibe, will be considered to be available for re-use and reposting by Shaadivibe.
That Shaadivibe shall make all efforts to try that the Customer’s experience is smooth and seamless, without any hassles but takes no liabilities or responsibilities to ensure the same. 8. Vendors Each Vendor accepts that they are merely listed on the Shaadivibe platform, through which they get reach to their target customer. Each Vendor creates their profile on the Shaadivibe platform and ensures to provide correct information regarding such profiles. Any misrepresentation of their identity or work shall be their liability alone and not the liability of Shaadivibe.
Vendors accept and acknowledge that they are entering into transactions and providing services to the Customer independently and Shaadivibe is in no way involved, apart from being a listing platform. Shaadivibe, however expects Vendors to maintain quality of service and make no misrepresentations whatsoever.
Vendors shall not use any third party photographs or content and represent them as being their own. Any such misrepresentation shall be the liability of the Vendor alone.
As a wedding aggregator, Shaadivibe has commercial dealings with certain vendors on its platform. This commercial arrangement, includes but is not restricted to, providing additional visibility in return for a certain fee. This fee doesn’t in any way guarantee any business confirmations/ bookings. Shaadivibe acts as a facilitator , helping vendors leverage its vast network and enabling them to reach out to more customers Reviews on Vendor profiles:
Reviews written for vendors on their Shaadivibe profile are a very important tool for customers as well as vendors. We therefore take utmost care to uphold the integrity & credibility of reviews on our platform. You can report a review as being false to Shaadivibe for Verification at reviews@Shaadivibe.com or info@Shaadivibe.com. Shaadivibe team will contact the Vendor within 72 hours and ask to submit them aforementioned proof for the review. The verification case will be closed if the vendor fails to submit the proof within 10 days after being contacted.
a) If Shaadivibe receives appropriate and satisfactory proof - The review will be removed from the vendor profile within 1 week, after notification to the vendor & the reviewer. Note that Shaadivibe cannot & does not verify and confirm to every statement written in the reviews on vendor profiles. However, we maintain a fair verification process of the reviews once reported to ensure that reviews on Shaadivibe are posted by genuine clients of vendors and that they follow our terms. Shaadivibe reserves the right to disable a review of the reviewer who has been proven to not hire the vendor through involvement of Shaadivibe, for any reason. Shaadivibe has the sole discretion to decide whether reported reviews are to be further investigated or not. Shaadivibe prides itself in ensuring authentic and genuine reviews that can help users to make better hiring decisions. As a platform committed to showcasing honest reviews, we request our vendors to abide by the following guidelines. The Vendor can ask their clients to review their Profile on Shaadivibe and share their profile link with them & ask them to write a review, or, could simply ask them to share their review & rating with us on info@Shaadivibe.com & we will get the review uploaded on their behalf. The best way to get positive reviews is by delighting your clients. Selective solicitation is a strict NO. Offering any type of compensation, getting your family/relatives/team members to write a review for you is completely unacceptable & such reviews would be removed without any intimation Whether you agree with the feedback or not, we recommend you take the criticism in good stride. In cases of a negative review, we strongly suggest you reply to the review with your side of the story as it shows that you care. From our statistics, we have seen that users read both sides of the story and take an impartial call while reading reviews. Also, another way to mitigate the impact would be to get more positive reviews on your profile so that the negative review is pushed down & your average rating is improved. Deletion of Profile of Vendor:
Shaadivibe does not permit or facilitate account deletions of Vendors, once made. The account may be marked as unclaimed and be made unsearchable upon the platform’s discretion Vendor’s request.
Please note, a vendor’s profile may be created even without their prior consent. One such method of this is creating a profile with the users submitting reviews of vendors who don’t have an active, listed profile on Shaadivibe yet.
As a trustworthy aggregator of wedding info and data, Shaadivibe showcases this info; However in an unclaimed/ unverified state due to absence of complete details. 9. User Disputes
Users are solely responsible for their interactions with other Shaadivibe Users (including Vendors). Shaadivibe reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
Shaadivibe is only a listing and aggregating platform and no associations, interactions, bookings that happen on the Shaadivibe platform.
Vendor data showcased on profiles in the form of photos, price, reviews etc is a result of vendors’ inputs and those of their customers. While Shaadivibe does take efforts to verify the claims made in the form of price, work etc, it in no way ensures/ guarantees the displayed info to be accurate 10. Privacy
Use of the Shaadivibe Services is also governed by our Privacy Policy, located at www.Shaadivibe.com/privacy and incorporated into this Agreement by this reference 11. Promotions and Giveaways
From time to time, Shaadivibe will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. Shaadivibe encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway and takes no liability of the same. 12. Disclaimer of Warranties
THE Shaadivibe SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND Shaadivibe EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR Shaadivibe SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE`
Without limiting the generality of the foregoing, Shaadivibe is not responsible for any incorrect or inaccurate Content posted on the Shaadivibe Website or in connection with the Shaadivibe Services. User Content created and posted on the Shaadivibe Website may contain links to other websites. Shaadivibe is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Shaadivibe is not responsible for the security of the third Party websites and any such websites accessed by the User is their sole liability. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Shaadivibe. Inclusion of any linked website on the Shaadivibe Services does not imply approval or endorsement of the linked website by Shaadivibe. When you access these third-party sites, you do so at your own risk. Shaadivibe takes no responsibility for third party advertisements which are posted on this Shaadivibe Website or through the Shaadivibe Services, nor does it take any responsibility for the goods or services provided by its advertisers. Shaadivibe is not responsible for the conduct, whether online or offline, of any User of the Shaadivibe Services. Shaadivibe assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. Shaadivibe is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Shaadivibe Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Shaadivibe Services. Under no circumstances shall Shaadivibe be responsible for any loss or damage, including personal injury or death, resulting from use of the Shaadivibe Services, attendance at a Shaadivibe event, from any Content posted on or through the Shaadivibe Services, or from the conduct of any Users of the Shaadivibe Services, whether online or offline. Shaadivibe cannot guarantee and does not promise any specific results from use of the Shaadivibe Services. 13. Limitation of Liability
IN NO EVENT SHALL Shaadivibe OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF Shaadivibe BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Shaadivibe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SHAADIVIBE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO Shaadivibe FOR THE Shaadivibe SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Shaadivibe SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU 14. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from India to the United States or the country in which you reside. 15. Disputes; Choice of Law; Venue
If there is any dispute about or involving the Shaadivibe Services, you agree that the dispute shall be governed by the laws of Ahmedabad, India and the Courts of Ahmedabad shall have jurisdiction. 16. Indemnity You agree to indemnify and hold harmless Shaadivibe, and any parent, subsidiary, and affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner and operator, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Shaadivibe Services in violation of this Agreement and/or arising from: (i) your use of and access to the Shaadivibe Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Shaadivibe Website and/or the Shaadivibe Services
17. Waiver and Severability of Terms
The failure of Shaadivibe to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
18. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. 19. Violations
Please report any violations of these Terms of Use to us by emailing us at info@Shaadivibe.com