Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms of Use” or “Agreement”).
These terms of use sets forth legally binding terms and conditions and the nature of services offered by Gather (hereinafter referred to as “Gather” or “App” or “Website” or “us”). The Application and Website is owned and operated by Headway Hospitality India Private limited (Gather), a private company established in India, having its registered office at A 405, Crystal Arcade, Shankar Nagar, Raipur, Chhattisgarh- 492004 (hereinafter referred to as “Company”).
The use of this Application or Website (and any other services, feature, content or application offered from time to time by the Website) is subject at all times to these Terms of Use (and may be modified by us from time to time) and all applicable laws, rules and regulations. We recommend that before accessing and using Gather, you must read and agree to these Terms of Use.
- ACCEPTANCE OF TERMS
By accessing or using Services offered by Gather in any manner, including, but not limited to, visiting or browsing or Enquiring, registering on, you agree that you have read, understood and agreed to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, please do not access or use this Application. Gather is not intended for use by minors or by any person who is not capable of understanding, entering into and adhering to these Terms of Use or any other related terms or policies. If Gather has reason to believe that you are under the age of 18 years, we reserve the right (but is not obliged) to suspend or revoke access to the App or Website and to decline or cancel any bookings made using your Account (defined below). These Terms of Use may be modified, changed or altered by us at any time without prior notice. By agreeing to these Terms of Use, you hereby accept that you shall be responsible for periodically checking the changes and/or updates to these Terms of Use. It is agreed that your continued access to the Application/Website after such changes are made, shall conclusively demonstrate your due acceptance of them.
2.THE SERVICES
Gather will provide the services to you under this agreement. The services constitute the provision of a technology platform that enables you, as a user of Gather’s mobile application (each, an “Application”) or website to: (a) arrange and schedule Party planning services with third party vendors of food/decor/entertainment services, who have an agreement with Gather or its affiliates (“Third Party Providers”); and (b) Facilitate payments only to party manager (from gather) present at the party for the services and receive receipts for those payments.
The services offered by Gather (Food, Decor, Entertainment or other party needs) are made available solely for your personal, non-commercial use. You acknowledge and accept that Gather (as of now) provides party services like food, decor, other services like Music, Photographer etc via Independent third party contractors who are not employed by Gather or any of its affiliates. However, certain services like service staff or party managers who are employed by our company will be present during the party to ensure the best services are provided to you at all times. Gather accepts the liability for the quality of services and the Gather platform that it provides to you subject to these terms <<doesn’t make sense Please check>> However, gather don’t take the responsibility of the Third party vendors in case of any conflict on ground, behavioural issues, mismanagement from their part of the job. Third party vendors are liable for conflict, if any, arising during services provided under “Gather”.
Facilitation
Gather has relationships in place with Vendor to ensure that they provide customers with all the services in accordance with the Agreement and other applicable terms notified to vendors (“Vendor”). Gather provides services through Vendor in accordance with these Terms of Use. We stay involved with customers right from the time when a booking is made through the App or website and throughout customers’ events, we also ensure the involvement and presence of our employee during the event/party too. Our goal is to ensure that customers get hassle free party planning services right from placing an order till the party ends.
Licence
Subject to your compliance with these terms, Gather grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) access and use the Gather platform on your personal device solely in connection with your use of the services; and (ii) access and use any content information and related materials that may be made available through the services, in each case solely for your personal and non-commercial use. Any rights not expressly granted herein are reversed by Gather company and other companies licensors.
Restrictions
You may not: (i) remove any copyright, trademark or any other proprietary notices from any portion of the services; (ii) reproduce,modify, prepare derivative works based upon distribute, licence, lease,sell, resell, transfer, publicly display, publicly perform, transmit,stream, broadcast or otherwise exploit the services except as expressly permitted by Gather company; (iii) decompile reverse engineer or disassemble the services except as may be permitted by applicable law; (iv) link to, Mirror or frame any portion of the services; (v) cause or launch any programs or script for the purpose of scraping, indexing, surveying,or otherwise data mining any portion of the services or unduly burning or hindering the operation and/or functionality of any aspect of the services; (iv) or attempt to gain unauthorised access to or a any aspect of the services or its related system or networks.
Provision of the Services
You Acknowledge that the party services (Food, Decor and other entertainment services) made available only under Gather companies company’s brand. Under any circumstances the customer is not allowed to ask any staff on or before the event to disclose the details of the third party vendor.
Last minute change like change of venue/food/or cancellation/postponement of whole/partly party services shall not be entertained under any circumstances.
Third Party services and content.
The services may be made available or accessed in connection with third party services and content (including advertising) that Gather companies do not control.You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content and in no event shall Gather company does not endorse such third party services and content and in no event shall Gather company be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google Inc, Microsoft Corporation or Blackberry Limited and/or their applicable International subsidiaries or affiliates will be third party beneficiaries to this contract if you access the services using Application developed for Apple IOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the services in any manner. Your access to the services using this device is subject to the terms set forth in the applicable third-party beneficiary terms of service.
Ownership. The Services and all rights therein are and shall remain Gather Company’s property or the property of Gather Company’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited licence granted above; or (ii) to use or reference in any manner Gather Company’s names, logos, product and service names, trademarks or services marks or those of Gather Company’s licensors.
- YOUR USE OF THE SERVICES
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Gather Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to- date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Gather Company in writing, you may only possess one Account.
User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity.
Users are advised to check the description of the services from Vendor carefully before making a booking. User(s) agree to be bound by all the conditions as contained in booking confirmation or as laid out in the confirmed customer commitment form.
If a User intends to make a booking on behalf of another person, it shall be the responsibility of the User to inform such person about the terms of this Terms of Use, including all rules and restrictions applicable thereto. In this regard, Gather shall not be responsible in any manner.
The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services for each transaction.
You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by either the Central Government, State Government, District Authorities or any other statutory body empowered to do so w.r.t use of services for each transaction.
Users also authorise Gather’s representative to contact such users over phone, message, WhatsApp and email
No Discrimination. Gather Company prohibits discrimination against Third Party Providers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic that may be protected under applicable law. Such discrimination includes, but is not limited to, any refusal to accept services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to the Gather Company platform. Applicable laws in certain jurisdictions may require and/or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.
Text Messaging. By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Gather Company at any time by informing Gather Company of your decision to stop receiving such text (SMS) messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Promotional Codes. Gather Company may, in Gather Company’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Gather Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Gather Company; (iii) may be disabled by Gather Company at any time for any reason without liability to Gather Company; (iv) may only be used pursuant to the specific terms that Gather Company establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Gather Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Gather Company reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User provided content
Gather company may, in Gather company’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Gather company through the services textual audio and or visual content and information including commentary and feedback related to the services initiation of support request and submission of entries for competition and promotions user content. Any user content provided by you remains your property however by providing user content, you grant Gather company a worldwide perfect Perpetual, irrevocable, Transferable royalty-free licence with the right to sublicense to use, copy, modify, create derivative works of distribute publicly, to display publicly, perform and otherwise exploit in any manner such user content in all formats and distribution channels now known or hereafter devised including in connection with the services and Gather business and on third party sites and services without further notice to or consent from you and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases necessary to grant Gather Company the licence to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Gather Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) you are not providing feedback for services performed by you in your capacity as a service provider on the platform.
You agree to not provide User Content that is defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy, ethnically objectionable, disparaging, relating or encouraging money laundering of gambling, libelous, hateful, racist, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Gather Company in its sole discretion, whether or not such material may be protected by law. Gather Company may, but shall not be obligated to, review, monitor, or remove User Content, at Gather Company’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and GATHER Platform and any updates thereto. Gather Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- PAYMENT
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Charges”). After you have received services obtained through your use of the Service, Gather Company will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.
Gather Company shall charge you a convenience fee (“Fee”) for the Services provided by Gather Company to you. The Fee may be charged from you at the time of booking of services on the platform or upon the completion of service.
Such Charges and Fee will be inclusive of applicable taxes where required by law. Charges and Fees paid by you are final and non-refundable, unless otherwise determined by Gather Company or required by the relevant Consumer Law legislation. Under the relevant Consumer Law legislation, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. You retain the right to ask for extra services ( in terms of food or decor or other services) from Gather on the day of the event which will result in the change (increase) of the amount of the order placed previously. Gather Company will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.
All Charges and Fee are due immediately and payment will be facilitated by Gather Company using the preferred payment method designated in your Account, after which Gather Company will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Gather Company may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Gather Company, Gather Company reserves the right to establish, remove and/or revise Charges for any or all services obtainable through the use of the Services at any time in Gather Company’s sole discretion. Further, you acknowledge and agree that Charges and Fees applicable in certain geographical areas may increase substantially during times of high demand. Gather Company will use reasonable efforts to inform you of Charges and Fees that may apply, provided that you will be responsible for Charges and Fees incurred under your Account regardless of your awareness of such Charges, Fees or the amounts thereof. Gather Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider in at least 12hrs in advance to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. Additionally, the applicable taxes (whether direct or indirect) that are liable to be charged/ deducted on cancellation fee will be charged to you by Gather Company.
Further, Gather Company may from time to time offer subscription packages to you, wherein, in exchange for monetary consideration, additional benefits such as discounted services from Third Party Providers will be made available to you. The said benefits will only be available for a limited period as may be agreed with you in advance.
This payment structure is intended to fully compensate the Third Party Provider for the services provided. Gather Company does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Gather Company (on Gather Company’s website, in the Application, or in Gather Company’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Gather Company provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services through the Service, you will have the opportunity to rate your experience and leave additional feedback about our service.
It is clarified that the Charges and Fees (respectively) shall be made only for the services provided by Gather Company to you.
- DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
LIMITATION SUBJECT TO LOCAL CONSUMER LAW
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
DISCLAIMER.
EXCEPT AS REQUIRED OF GATHER COMPANY UNDER THE CONSUMER GUARANTEES, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GATHER COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GATHER COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE RELEVANT CONSUMER LAW LEGISLATION.
Indemnity.
You agree to indemnify and hold Gather Company and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii) Gather Company’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”).
Your liability under this clause shall be reduced proportionately if, and to the extent that, Gather Company directly caused or contributed to any such Losses
- GOVERNING LAW; ARBITRATION.
There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability or with the services provided by a Third Party Provider (any “Dispute”). Gather Company or its affiliates operate a complaints process to allow you to make complaints about Gather Company or Third Party Providers, and Gather Company or its affiliates also manage refunds to you in relation to those complaints. Gather Company or its affiliates will operate this complaints process in a reasonable manner. You agree and acknowledge that you must raise any Dispute with the Services or the services provided by a Third Party Provider as soon as is practicable, but no later than 48 hours from the time the Dispute arises. If you fail to raise a Dispute within 48 hours from the initial occurrence of such Dispute, Gather Company shall be under no obligation to resolve such Dispute. If a Dispute is reported more than 48 hours after the initial occurrence of the Dispute Gather Company shall in its sole discretion choose whether or not to attempt resolution of the Dispute.
In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non- excludable portions of the relevant Consumer Law legislation.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of India or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties. If either party elects to pursue final and binding arbitration, the venue of the arbitration shall be New Delhi, India.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.
7. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to parul@Gathertreats.com.
Grievance Officer.
For the purposes of Consumer Protection Act, 2019 and rules and regulations thereunder, the grievance officer of Gather Company shall be: Ms. Parul Jain
Gather India Private Limited
A 405, Crystal Arcade,Shankar Nagar ,Raipur, Chhattisgarh- 492004
E-mail: parul@Gathertreats.com
Phone: +9180885 27476
Timings: 10 AM – 5 PM, Monday-Friday, excluding public holidays.
Notice.
Gather Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Gather Company by written communication to Gather Company’s address at A 405, Crystal Arcade,Shankar Nagar ,Raipur, Chhattisgarh- 492004
General.
You may not assign or transfer these Terms in whole or in part without Gather Company’s prior written approval. You give your approval to Gather Company for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Gather Company’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Gather Company or any Third Party Provider as a result of the contract between you and Gather Company or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the The contents and purpose of these terms. These terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the relevant consumer law legislation. In these terms the words including and “include” mean “including, but not limited to.”