Terms and Condition
1.0 ACCEPTANCE OF TERMS
1.1 Through the Website,Company
shall provide you ("User") entertainment-related information, pricing, availability
and reservations for ticket for cinemas across cities ("Service"), as more particularly
described and defined in the terms of service ("TOS") relating to such Service,
This Service may be availed by the User, his family members and friends in India
at any time during the year through vendors ("Service Providers").
1.2 This User Agreement ("Agreement") sets out the terms and conditions
on whichCompany
shall provide the Services to the User through the Website. In addition to this
Agreement and depending on the Services opted for by the User, the User shall be
required to read and accept the relevant TOS for such Service, which may be updated
or modified byCompany
from time to time. Such TOS shall be deemed to be a part of this Agreement and in
the event of a conflict between such TOS and this Agreement, the terms of this Agreement
shall prevail.
1.3 Use of the Website is offered to the User conditioned on acceptance
without modification of all the terms, conditions and notices contained in this
Agreement and the TOS, as may be posted on the Website from time to time. For the
removal of doubts, it is clarified that use of the Website by the User constitutes
an acknowledgement and acceptance by the User of this Agreement and the TOS. If
the User does not agree with any part of such terms, conditions and notices, the
User must not use the Website.
1.4 Additionally, the Service Provider may provide terms and guidelines
that govern particular features, offers or the operating rules and policies applicable
to each Service (for example, movie tickets, coupons, etc.). The User shall be responsible
for ensuring compliance with the terms and guidelines or operating rules and policies
of the Service Provider with whom the User elects to deal, including terms and conditions
set forth in a Service Providers. In the event that any of the terms, conditions
and notices contained in this Agreement or the TOS conflict with the additional/other
terms and guidelines specified by the Service Provider, then the latter terms/guidelines
shall prevail.
2.0 MODIFICATIONS OF TERMS
Company
reserves the right to change the terms, conditions and notices under which the Services
are offered through the Website, including but not limited to the charges for the
Services provided through the Website. The User shall be responsible for regularly
reviewing these terms and conditions.
3.0 PRIVACY POLICY
The User hereby consents, expresses and agrees that he has read and fully understands
the Privacy Policy ofCompany
in respect of the Website, The User further consents that the terms and contents
of such Privacy Policy are acceptable to him.
4.0 LIMITED USER
4.1 The User agrees and undertakes not to sell, trade or resell
or exploit for any commercial purposes, any portion of the Service. For the removal
of doubt, it is clarified that the Website is not for commercial use but is specifically
meant for personal use only.
4.2 The User further agrees and undertakes not to reverse engineer,
modify, copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software, products
or services obtained from the Website. Limited reproduction and copying of the content
of the Website is permitted provided that theCompany
name is stated as the source. For the removal of doubt, it is clarified that unlimited
or wholesale reproduction, copying of the content for commercial or non-commercial
purposes and unwarranted modification of data and information within the content
of the Website is not permitted.
5.0 DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
5.1
Company
has endeavored to ensure that all the information on the website is correct, butCompany
neither warrants nor makes any representations regarding the quality, accuracy or
completeness of any data or information contained.Company
makes no warranty, express or implied, concerning the website and/or its contents
and disclaims all warranties of fitness for a particular purpose and warranties
of merchantability in respect of services, including any liability, responsibility
or any other claim, whatsoever, in respect of any loss, whether direct or consequential,
to any user or any other person, arising out of or from the use of the information
contained in the website.
5.2 SinceCompany
acts only as a booking agent, it shall not have any liability whatsoever for any
aspect of the arrangements between the service provider and the user as regards
the standards of services provided by the service providers. In no circumstances
shallCompany
be liable for the services provided by the service provider.
5.3 AlthoughCompany
makes reasonable commercial efforts to ensure that the description and content in
the TOS and on each page of the website is correct, it does not, however, take responsibility
for changes that occurred due to human or data entry errors or for any loss or damages
suffered by any user due to any information contained herein. Also,Company
is not the service provider and cannot therefore control or prevent changes in the
published descriptions which are based upon information provided by the service
providers.
5.4
Company
does not endorse any advertiser on its website in any manner.The users are requested
to verify the accuracy of all information on their own before undertaking any reliance
on such information.
5.5 In no event shallCompany
be liable for any direct, indirect, punitive, incidental, special, consequential
damages or any other damages resulting from: (a) the use or the inability to use
the services; (b) the cost of procurement of substitute goods and services or resulting
from any goods, information or services purchased or obtained or messages received
or transactions entered into through the services; (c) unauthorized access to or
alteration of the user's transmissions or data; (d) any other matter relating to
the services; including, without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of the website.
Neither shallCompany
be responsible for the delay or inability to use the website or related services,
the provision of or failure to provide services, or for any information, software,
products, services and related graphics obtained through the website, or otherwise
arising out of the use of the website, whether based on contract, tort, negligence,
strict liability or otherwise. further,Company
shall not be held responsible for non-availability of the website during periodic
maintenance operations or any unplanned suspension of access to the website that
may occur due to technical reasons or for any reason beyondCompany's
control. the user understands and agrees that any material and/or data downloaded
or otherwise obtained through the website is done entirely at their own discretion
and risk and they will be solely responsible for any damage to their computer systems
or loss of data that results from the download of such material and/or data. These
limitations, disclaimer of warranties and exclusions apply without regard to whether
the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence,
or (d) any other cause of action, to the extent such exclusion and limitations are
not prohibited by applicable law.the maximum liability on part ofCompany
arising under any circumstances, in respect of any services offered on the site,
shall be limited to the refund of total amount received from the customer for availing
the services less any cancellation, refund or others charges, as may be applicable.
in no case the liability shall include any consequential loss, damage or additional
expense whatsoever.
6.0 LINKS TO THIRD PARTY SITES
6.1 The Website may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control ofCompany
or the Website andCompany
is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.Company
is not responsible for any form of transmission, whatsoever, received by the User
from any Linked Site.Company
is providing these links to the User only as a convenience, and the inclusion of
any link does not imply endorsement byCompany
or the Website of the Linked Sites or any association with its operators or owners
including the legal heirs or assigns thereof.
6.2
Company
is not responsible for any errors, omissions or representations on any Linked Site.Company
does not endorse any advertiser on any Linked Site in any manner. The Users are
requested to verify the accuracy of all information on their own before undertaking
any reliance on such information.
7.0 PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the Website, the User warrants that they will not use
the Website for any purpose that is unlawful or illegal under any law for the time
being in force within or outside India or prohibited by this Agreement and/or the
TOS including both specific and implied. In addition, the Website shall not be used
in any manner, which could damage, disable, overburden or impair it or interfere
with any other party's use and/or enjoyment of the Website. The User shall refrain
from obtaining or attempting to obtain any materials or information through any
means not intentionally made available or provided for or through the Website.
8.0 USE OF COMMUNICATION SERVICES
8.1 The Website may contain services such as email, other message
(hereinafter collectively referred to as "Communication Services"). The User agrees
and undertakes to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, the User agrees and undertakes
that when using a Communication Service, the User will not: defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights of others; upload files that
contain software or other material protected by intellectual property laws unless
the User owns or controls the rights there to or have received all necessary consents;
upload or distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Website or another's computer;
advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages; conduct or
forward surveys, contests, pyramid schemes or chain letters; download any file posted
by another user of a Communication Service that the User know, or reasonably should
know, cannot be legally distributed in such manner; falsify or delete any author
attributions, legal or other proper notices or proprietary designations or labels
of the origin or source of software or other material contained in a file that is
uploaded; violate any code of conduct or other guidelines, which may be applicable
for or to any particular Communication Service; violate any applicable laws or regulations
for the time being in force in or outside India; and violate any of the terms and
conditions of this Agreement or any other terms and conditions for the use of the
Website contained elsewhere herein.
8.2
Company
has no obligation to monitor the Communication Services. However,Company
reserves the right to review materials posted through Communication Service and
to remove any materials in its sole discretion.Company
reserves the right to terminate the User's access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
8.3
Company
reserves the right at all times to disclose any information as is necessary to satisfy
or comply with any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, inCompany's sole discretion.
8.4
Company
does not control or endorse the content, messages or information found in any communication
service and, therefore,Company
specifically disclaims any liability or responsibility whatsoever with regard to
the communication services and any actions resulting from the user's participation
in any communication service.
8.5 Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. User is responsible
for keeping himself updated of and adhering to such limitations if they download
the materials.
9.0 TERMINATION/ACCESS RESTRICTION
Company
reserves the right, in its sole discretion, to terminate the access to the website
and the related services or any portion thereof at any time, without notice.
10.0 USER'S OBLIGATIONS AND USER ACCOUNT
10.1 In consideration of use of the Website, the User represent
and confirm that the User is of legal age to enter into a binding contract and is
not a person barred from using the Website and/or receiving the Services under the
laws of India or other applicable law.
10.2 To avail a Service the User has and must continue to maintain
at his sole cost: (a) all the necessary equipments including a computer and modem
etc. to access the Website/avail Services; (b) own access to the World Wide Web.
The User shall be responsible for accessing the Services and that access may involve
third party fees including, airtime charges or internet service provider’s charges
which are to be exclusively borne by the User.
10.3 The user also understands that the services may include certain
communications fromCompany
as service announcements and administrative messages. the user understands and agrees
that the services are provided on an "as is" basis and thatCompany
does not assume any responsibility for deletions, mis-delivery or failure to store
any user communications or personalized settings.
10.4 Registration of the User on the Website is optional. If the
User opts to register himself on the Website, upon completion of the registration
process, the User shall receive a user id and password. The User agrees and undertakes
at all times to be responsible for maintaining the confidentiality of the password
and user id, and shall be fully responsible for all activities that occur by use
of such password or user id. Further, the User agrees not to use any other party's
user id and password for any purpose whatsoever without proper authorization from
such party. You are responsible for the security of your password and for all transactions
undertaken using your password through our service. The Password entered by you
is transmitted in one- way encrypted form to our database and stored as such. Thus
the Password will not be known even toCompany. You confirm that
you are the authorised holder of the credit card or the original account holder
used in the transactions you make using theCompany
services.Company
will not be responsible for any financial loss, inconvenience or mental agony resulting
from misuse of your ID/password/credit card number/account details number for usingCompany
Services.
10.5 The user also agrees and undertakes to immediately notifyCompany
of any unauthorized use of the user's password or user id and to ensure that the
user logs off at the end of each session at the website.Company
shall not be responsible for any, direct or indirect, loss or damage arising out
of the user's failure to comply with this requirement.
10.6 The User also agrees to: (a) provide true, accurate and complete
information about himself and his beneficiaries as prompted by the registration
form ("Registration Data") on the Website; and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If the User
provide any information that is untrue, inaccurate, not current or incomplete orCompany
has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete,Company
has the right to suspend or terminate the User's registration and refuse any and
all current or future use of the Website and/or any Service.
10.7 Furthermore, the User grantsCompany
the right to disclose to third parties Registration Data to the extent necessary
for the purpose of carrying out the Services.
11.0 BREACH
11.1 Without prejudice to the other remedies available toCompany
under this agreement, the TOS or under applicable law,Company
may limit the user's activity, or end the user's listing, warn other users of the
user's actions, immediately temporarily/indefinitely suspend or terminate the user's
registration, and/or refuse to provide the user with access to the website if: (a)
the user is in breach of this agreement, the tos and/or the documents it incorporates
by reference; (b)Company
is unable to verify or authenticate any information provided by the user; or (c)Company
believes that the user's actions may infringe on any third party rights or breach
any applicable law or otherwise result in any liability for the user, other users
of the website and/orCompany.
11.2
Company
may at any time in its sole discretion reinstate suspended users. once the user
have been indefinitely suspended the user may not register or attempt to register
withCompany
or use the website in any manner whatsoever until such time that the user is reinstated
byCompany. notwithstanding the foregoing, if the user breaches
this agreement, the tos or the documents it incorporates by reference,Company
reserves the right to recover any amounts due and owing by the user toCompany
and/or the service provider and to take strict legal action asCompany
deems necessary.
12.0 PROPRIETARY RIGHTS
12.1
Company
may provide the User with content such as sound, photographs, graphics, video or
other material contained in sponsor advertisements or information. This material
may be protected by copyrights, trademarks or other intellectual property rights
and laws. The User may use this material only as expressly authorized byCompany
and shall not copy, transmit or create derivative works of such material without
express authorization fromCompany.
12.2 The User acknowledges and agrees that they shall not upload,
post, reproduce or distribute any content on or through the Website that is protected
by copyright or other proprietary right of a third party, without obtaining the
permission of the owner of such right. Any copyrighted or other proprietary content
distributed on or through the Website with the consent of the owner must contain
the appropriate copyright or other proprietary rights notice. The unauthorized submission
or distribution of copyrighted or other proprietary content is illegal and could
subject the User to personal liability or criminal prosecution.
13.0 RELATIONSHIP
None of the provisions of this Agreement, terms and conditions, notices or the right
to use the Website by the User contained herein or any other section or pages of
the Website and/or the Linked Sites, shall be deemed to constitute a partnership
between the User andCompany
and no party shall have any authority to bind or shall be deemed to be the agent
of the other in any way. It may be noted, however, that if by using the Website,
the User authorizesCompany
and its agents to access third party sites designated by them or on their behalf
for retrieving requested information, the User shall be deemed to have appointedCompany
and its agents as their agent for this purpose.
14.0 HEADINGS
The headings and subheadings herein are included for convenience and identification
only and are not intended to describe, interpret, define or limit the scope, extent
or intent of this Agreement, the TOS or the right to use the Website by the User
contained herein or any other section or pages of the Website or any Linked Sites
in any manner whatsoever.
15.0 INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural
form of the terms defined. Whenever the context may require, any pronoun shall include
the corresponding masculine and feminine. The words "include", "includes" and "including"
shall be deemed to be followed by the phrase "without limitation". Unless the context
otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words
of similar import refer to this Agreement as a whole.
16.0 INDEMNIFICATION
The User agrees to indemnify, defend and hold harmlessCompany
from and against any and all losses, liabilities, claims, damages, costs and expenses
(including legal fees and disbursements in connection therewith and interest chargeable
thereon) asserted against or incurred byCompany
that arise out of, result from, or may be payable by virtue of, any breach or non-performance
of any representation, warranty, covenant or agreement made or obligation to be
performed by the User pursuant to this Agreement and/or the TOS.
17.0 SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable
in whole or in part, such invalidity or unenforceability shall attach only to such
provision or part of such provision and the remaining part of such provision and
all other provisions of this Agreement shall continue to be in full force and effect.
18.0 TERMINATION OF AGREEMENT AND SERVICES
18.1 Either the User orCompany
may terminate this Agreement and a Service with or without cause at any time to
be effective immediately.
18.2 The User agrees thatCompany
may under certain circumstances and without prior notice, immediately terminate
the User's user id and access to the Website/Services. Causes for termination may
include, but shall not be limited to, breach by the User of this Agreement or the
TOS, requests by enforcement or government agencies, requests by the User, non-payment
of fees owed by the User in connection with the Services as specified in the applicable
TOS.
18.3 This Agreement may be terminated by either the User orCompany
through a written notice to the other.Company
shall not be liable to the User or any third party for termination of any Service.
Should the User object to any terms and conditions of this Agreement, any TOS or
become dissatisfied with the Service in any way, the User's only recourse is to
immediately: (a) discontinue use of the Website/Service; and (b) notifyCompany
of such discontinuance.
18.4 Upon termination of the Service, User's right to use the Website/Services
and software shall immediately cease. The User shall have no right andCompany
shall have no obligation thereafter to execute any of the User's uncompleted tasks
or forward any unread or unsent messages to the User or any third party. Once the
User's registration or the Services are terminated, cancelled or suspended, any
data that the User has stored on the Website may not be retrieved later.
19.0 NOTICES
All notices and communications (including those related to changes in the TOS, Service,
termination of Service etc.,) shall be in writing, in English and shall deemed given
if delivered personally or by commercial messenger or courier service, or mailed
by registered or certified mail (return receipt requested) or sent via email/facsimile
(with acknowledgment of complete transmission) to the following address: If toCompany,
at its mail id or at the address posted on the Website.If to a non registered User,
at the communication and/or email address specified in the application form availing
of aCompany
Service.If to a registered User, at the communication and/or email address specified
in the registration form. Notice shall be deemed to have been served 48 hours after
it has been sent, dispatched, displayed, as the case may be, unless, where notice
has been sent by email, it comes to the knowledge of the sending party, that the
email address is invalid.
20.0 GOVERNING LAW
This agreement and each TOS shall be governed by and constructed in accordance with
the laws of india without reference to conflict of laws principles and disputes
arising in relation hereto shall be subject to the exclusive jurisdiction of the
courts of India.
21.0 PURCHASE POLICY
21.1 Payment Methods Pricing and Availability
Company
sells tickets on behalf of Event organizers/Cinemas and does not control the inventory
or its availability and pricing.
21.2 Age Limit Rest of the cities: Children aged 3 years and above
will require a separate ticket. INOX: Z Square, Bada Chauraha, Kanpur: Children
aged above 5 years will require a separate ticket. KT Vision, Vasai, All HDIL cinemas,
Mumbai: Children aged 2 years and above will require a separate ticket.
21.3 Censor warning Please check the censor warning before buying
the tickets. Children below the age of 18 will not be allowed entry for an {A} rated
movie. Also please check for any additional ratings/entry restrictions that may
be applicable for movies from time to time.
21.4 Order Confirmation If you do not receive a confirmation number
(in the form of a confirmation page or email) after submitting payment information,
or if you experience an error message or service interruption after submitting payment
information, it is your responsibility to confirm the same form your booking history
or with the Customer Service Department whether or not your order has been placed.
Only you may be aware of any problems that may occur during the purchase process.Company
will not be responsible for losses (monetary or otherwise) if you assume that an
order was not placed because you failed to receive confirmation.
21.5 COUPONS
Company
COUPONS are issued byCompany
and may only be redeemed through our website,
http://movietadka.in/
towards the purchase of movie tickets on
http://movietadka.in/
for participating theaters located in India. COUPONS cannot be redeemed directly
at any of our partner theaters, or any other website operated by third-party merchants
accessible from our site. In addition to theseCompany
COUPONS Terms and Conditions,Company
COUPONS and their use on our website are also subject toCompany's
general Terms of Use. You agree to comply with the Terms of Use.
Company
is not responsible for lost or stolenCompany
COUPONS, except as required by law. In certain circumstances,Company
may replace or cancel lost or stolenCompany
COUPONS with proof of purchase acceptable toCompany.
Company
may change (add to, delete, or amend) these terms from time to time. Unless we state
otherwise, the changes will apply to any newCompany
COUPONS that you purchase.
Company
COUPONS are for personal, non-commercial use and enjoyment only. They may be shared
with family and friends, but may not be advertised, sold or used as promotional
items by the purchaser or anyone else withoutCompany´s prior
written consent. Your purchase or use ofCompany
COUPONS will be deemed your agreement to these terms.
22.0 BUYER BEWARE
Read Through our Terms and Conditions Carefully. Accepting the Terms and conditions
while booking a ticket online makes it a valid contract between you and us.
22.1 Booking Id's generated only throughCompany
shall be considered by us as a valid Booking Id.
22.2 Ensure the personal details entered including the booking
details are accurate. Booking Id's once generated cannot be cancelled/refunded/exchanged.
22.3 Ensure the Booking Id's are kept safe and always in your or
such person's possession who is considered as your authorized/rightful holder of
the same. Anybody in possession of the Booking Id shall be entitled to get the same
exchanged for a valid Ticket without further security checks on the title of such
holder.
No booking request will be entertained on saturday,sunday and national holidays. Also,no advance booking will be applicable for weekends.