PRIVACY POLICY
1. GENERAL
a) This document is an electronic record in terms of Information Technology
Act, 2000 and rules 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.
b) This document is published in accordance with the provisions of Rule 3 (1)
of the Information Technology (Intermediaries guidelines) Rules, 2011
that require publishing the rules and regulations, privacy policy and Terms
of Use for access or usage of www.artistbookingcompany.com as well as
for the IOS/Android Application “Artist Booking App”.
c) The domain name: www.artistbookingcompany.com (which shall
hereinafter be referred to as "Website") and the IOS/Android Application
Artist Booking App, are owned and operated by Artist Booking Co. Pvt.
Ltd (“Company”) a Private Company limited by shares, incorporated
under the provisions of the Companies Act, and having its registered office
at Arisa Mahal, No.8,Walkeshwar Road, Mumbai 400006. Maharashtra
India., where such expression shall, unless repugnant to the context
thereof, be deemed to include its respective representatives,
administrators, employees, directors, officers, agents and their successors
and assigns.
d) For the purpose of this Privacy Policy (“Policy”), wherever the context so
requires,
i) The term ‘You’ & ‘User’ shall mean any legal person or entity
accessing or using the services provided on this
Website/Application, who is competent to enter into binding
contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website /Application
and/or the Company, as the context so requires.
iii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to
the User and the Company individually and collectively, as the
context so requires.
e) The headings of each section in this Policy are only for the purpose of
organizing the various provisions under this Policy in an orderly manner,
and shall not be used by either Party to interpret the provisions contained
herein in any manner. Further, it is specifically agreed to by the Parties
that the headings shall have no legal or contractual value.
f) The use of the Website /Application by the User is solely governed by this
Policy as well as the Terms of Use of the Website/Application (Terms),
available at www.artistbookingcompany.com, and any modifications or
amendments made thereto by the Company from time to time, at its sole
discretion. Visiting the home page of the Website /Application and/or
using any of the services provided on the Website/Application shall be
deemed to signify the User’s unequivocal acceptance of this Policy and the
aforementioned Terms, and the User expressly agrees to be bound by the
same. The User expressly agrees and acknowledges that the Terms and
Policy are co-terminus, and that expiry / termination of either one will
lead to the termination of the other.
g) The User unequivocally agrees that this Policy and the aforementioned
Terms constitute a legally binding agreement between the User and the
Company, and that the User shall be subject to the rules, guidelines,
policies, terms, and conditions applicable to any service that is provided by
the Website /Application, and that the same shall be deemed to be
incorporated into the Terms, and shall be treated as part and parcel of the
same. The User acknowledges and agrees that no signature or express act
is required to make these Terms and the Policy binding on the User, and
that the User’s act of visiting any part of the Website /Application
constitutes the User’s full and final acceptance of the Policy and the
aforementioned Terms.
h) The Parties expressly agree that the Company retains the sole and
exclusive right to amend or modify the Policy and the aforementioned
Terms without any prior permission or intimation to the User, and the
User expressly agrees that any such amendments or modifications shall
come into effect immediately. The User has a duty to periodically check
the Policy and Terms, and stay updated on their provisions and
requirements. If the User continues to use the Website/Application
following such a change, the User will be deemed to have consented to any
and all amendments / modifications made to the Policy and Terms. In so
far as the User complies with the Policy and Terms, he/she is granted a
personal, non-exclusive, non-transferable, revocable, limited privilege to
enter, access and use the Website/Application.
2. COLLECTION OF PERSONAL AND OTHER INFORMATION
a) The User expressly agrees and acknowledges that the Company collects
and stores the User’s personal information, which is provided by the User
from time to time on the Website/Application, including but not limited to
the User’s Name, date of birth, sex, address, user name, passwords, email
address, shopping preferences, browsing history, etc., as well as any
images or other information uploaded/published by the User on the
Website/Application. The User is aware that this information will be used
by the Company/Website/Application to provide services and features
targeted at the User, that are most likely to meet the User’s needs, and also
to customize and improve the Website/Application to make its users’
experiences safer and easier.
b) The User is aware that the Company/Website/Application may
automatically track certain information about the User based upon the
User’s IP address and the User’s behaviour on the Website/Application,
and the User expressly consents to the same. The User is aware that this
information is used to do internal research on user demographics,
interests, and behaviour, to enable the Company/Website/Application to
better understand, and cater to the interests of its users. The User is
expressly made aware that such information may include the URL that the
User visited prior to accessing the Website/Application, the URL which
the User subsequently visits (whether or not these URLs form a part of the
Website/Application), the User’s computer & web browser information,
the User’s IP address, etc.
c) If the User chooses to purchase services from the Website/Application, the
User consents to allowing the Company/Website/Application to collect
information about the User’s buying behaviour and trends.
d) If the User chooses to post messages / reviews / feedback anywhere on the
Website/Application, including but not limited to message boards, chat
rooms, other message areas, etc., the User is aware that any and all such
information provided / uploaded will be collected and stored by the
Company indefinitely, and that such retained information may be used to
resolve disputes, provide customer support, troubleshoot problems, etc.,
and that such information, if requested, may be provided to judicial or
governmental authorities of requisite jurisdiction, or otherwise used by the
Company/Website/Application as permitted by applicable laws.
e) The User is aware that any and all information pertaining to the User
collected by the Company, whether or not directly provided by the User to
the Company/Website/Application, including but not limited to personal
correspondence such as emails or letters, feedback from other users or
third parties regarding the User’s activities or postings on the
Website/Application, etc., may be collected and complied by the
Company/Website/Application into a file/folder specifically created for /
allotted to the User, and the User hereby expressly consents to the same.
f) The User is aware that while he/she can browse some sections of the
Website/Application without being a registered user, certain activities
require the User to provide valid personal information to the
Company/Website/Application for the purpose of registration. The User is
aware that the contact information provided to the
Company/Website/Application may be used to send the User offers and
promotions, whether or not based on the User’s previous orders and
interests, and the User hereby expressly consents to receiving the same.
g) The User is aware that the Company/Website/Application may
occasionally request the User to complete optional online surveys. These
surveys may require the User to provide contact information and
demographic information (like zip code, age, income bracket, sex, etc.).
The User is aware that this data too is used to customise the
Website/Application for the benefit of the User, and providing all users of
the Website/Application with products/services/content that the
Company/Website/Application believes they might be interested in
availing of, and also to display content according to the User’s preferences.
h) The User is further aware that the Company/Website/Application may
occasionally request the User to write reviews for services
purchased/availed of by the User from the Website/Application. The User
is aware that such reviews will help other users of the Website/Application
make prudent and correct purchases and the User hereby expressly
authorises the Company/Website/Application to publish any and all
reviews written by the User on the Website/Application, along with the
User’s name and certain contact details, for the benefit and use of other
Users of the Website/Application.
i) Nothing contained herein shall be deemed to compel the
Website/Application/Company to store, upload, publish, or display in any
manner content/reviews/surveys/feedback submitted by the User, and the
User hereby expressly authorises the Website/Application/Company to
remove from the Website/Application any such content, review, survey, or
feedback submitted by the User, without cause or being required to notify
the User of the same.
3. COOKIES
a) The User is aware that a ‘Cookie’ is a small piece of information stored by a
web server on a web browser so it can later be traced back from that
particular browser, and that cookies are useful for enabling the browser to
remember information specific to a given user, including but not limited to
a User’s login identification, password, etc. The User is aware that the
Website/Application places both permanent and temporary cookies in the
User’s computer's hard drive & Mobile Phone’s Memory Storage unit and
web browser, and does hereby expressly consent to the same.
b) The User is further aware that the Website/Application uses data
collection devices such as cookies on certain pages of the
Website/Application to help analyse web page flow, measure promotional
effectiveness, and promote trust and safety, and that certain features of the
Website/Application are only available through the use of such cookies.
While the User is free to decline the Website/Application’s cookies if the
User’s browser permits, the User may consequently be unable to use
certain features on the Website/Application.
c) Additionally, the User is aware that he/she might encounter ‘cookies’ or
other similar devices on certain pages of the Website/Application that are
placed by third parties or affiliates of the Company/Website/Application.
The User expressly agrees and acknowledges that the
Company/Website/Application does not control the use of such
cookies/other devices by third parties, that the
Company/Website/Application is in no way responsible for the same, and
that the User assumes any and all risks in this regard.
4. DIVULGING/SHARING OF PERSONAL INFORMATION
a) The User is aware that the Website/Application/Company may share the
User’s personal information with other corporate entities and affiliates to
help detect and prevent identity theft, fraud and other potentially illegal
acts; correlate related or multiple accounts to prevent abuse of the
Website/Application’s services; and to facilitate joint or co-branded
services, where such services are provided by more than one corporate
entity.
b) The User is aware that the Website/Application/Company may disclose
personal information if required to do so by law or if the
Website/Application/Company in good faith believes that such disclosure
is reasonably necessary to respond to subpoenas, court orders, or other
legal processes. The Website/Application/Company may also disclose the
User’s personal information to law enforcement offices, third party rights
owners, or other third parties if it believes that such disclosure is
reasonably necessary to enforce the Terms or Policy; respond to claims
that an advertisement, posting or other content violates the rights of a
third party; or protect the rights, property or personal safety of its users,
or the general public.
c) The User is further aware that the Website/Application/Company and its
affiliates may share / sell some or all of the User’s personal information
with other business entities should the Company/Website/Application (or
its assets) plan to merge with, or be acquired by such business entity, or in
the event of re-organization, amalgamation, or restructuring of the
Company’s business. Such business entity or new entity will continue to be
bound by the Terms and Policy, as may be amended from time to time.
d) The User is further aware that the Website/Application/Company will
share the user’s personal information with payment gateways in order to
process the payments in a swift manner.
5. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company/Website/Application uses third-party
advertising companies to serve ads to the users of the Website/Application. The
User is aware that these companies may use information relating to the User’s
visits to the Website/Application and other Website/Applications in order to
provide customised advertisements to the User. Furthermore, the
Website/Application may contain links to other Website/Applications that may
collect personally identifiable information about the User. The
Company/Website/Application is not responsible for the privacy practices or the
content of any of the aforementioned linked Website/Applications, and the User
expressly acknowledges the same and agrees that any and all risks associated will
be borne entirely by the User.
6. USER’S CONSENT
By using the Website/Application/Mobile App and/ or by providing information
to the Company through the Website/Application/Mobile App, the User consents
to the collection and use of the information disclosed by the User on the
Website/Application/Mobile App in accordance with this Policy, including but
not limited to the User’s consent the Company/Website/Application
sharing/divulging the User’s information, as per the terms contained
hereinabove in Section 4 of the Policy.
7. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there
under, the name and contact details of the Grievance Officer are provided below:
Name: Jigar Shah
Contact info.: info@artistbookingco.com
8. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation
and performance of this Policy and any disputes arising herefrom will be resolved
through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is
further agreed to by the Parties that the contents of this Section shall survive
even after the termination or expiry of the Policy and/or Terms.
a) Mediation: In case of any dispute between the parties, the Parties will
attempt to resolve the same amicably amongst themselves, to the mutual
satisfaction of both Parties. In the event that the Parties are unable to
reach such an amicable solution within thirty (30) days of one Party
communicating the existence of a dispute to the other Party, the dispute
will be resolved by arbitration, as detailed hereinbelow;
b) Arbitration. In the event that the Parties are unable to amicably resolve
a dispute by mediation, said dispute will be referred to arbitration by a
sole arbitrator to be appointed by the Company, and the award passed by
such sole arbitrator will be valid and binding on both Parties. The Parties
shall bear their own costs for the proceedings, although the sole arbitrator
may, in his/her sole discretion, direct either Party to bear the entire cost of
the proceedings. The arbitration shall be conducted in English, and the
seat of Arbitration shall be the city of Mumbai in the state of Maharashtra,
India.
The Parties expressly agree that the Terms, Policy and any other agreements
entered into between the Parties are governed by the laws, rules and regulations
of India, and that the Courts at the city of Mumbai in the state of Maharashtra,
India shall have exclusive jurisdiction over any disputes arising between the
Parties.