TERMS OF USE


The website which is accessible at https://www.ovalstars.com (including all content under the “Ovalstars” domain and sub domain name and referred to herein as the “Website”) and via Ovalstars mobile applications IOS & Android (“Apps”) (altogether, the “Platform”) is developed, owned and operated by Ovalstars Entertainment Private Limited (“Ovalstars”) is offered to its users (“User”/ “You” / “Your” / “Buyer” / “Customer”/ “Client”), who may view, access and/or take services of the Ovalstars or the Artist/ Service Provider (“Seller”) registered on the Platform subject to the Terms of Use provided here under.


“Services” means the all services and products Ovalstars provide via the Platform to enable the User to book the Artist/ Service Provider. The term ‘Services’ does not include any services provided by third parties.


By accessing and/or using the Platform, You agree:


  1. to be bound by these Terms of Use and are deemed to have read and understood all of its contents and implications; and
  2. You grant Your free and unconditional consent to be subject to these Terms of Use as applicable.

The Terms of Use set forth herein apply to the Platform is covered and protected by all laws including but not limited to copyright and trademark laws of India.


APPLICABILITY


The Platform is meant to be used by bonafide User(s) for a lawful use.


The Terms of Use include and is to be read with the all applicable Agreements, Policies, content, as well as Your rights, obligations and restrictions regarding Your use of the services and products of Ovalstars. We grant You a limited, non-exclusive, non-transferable, revocable license to access the Services for Your own personal use, subject to this Terms of Use Policy. The User agrees not to interrupt or attempt to interrupt the operation of the Platform in any manner whatsoever. Use of the Services beyond the scope of authorized access granted to You terminates this permission.


Any User who inquiries about or buy any products or services on Ovalstars through its websites, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as "Sales Channels") agree to be governed by this Terms of Use.


These terms and condition will constitute a binding contract between You and Ovalstars. You are only authorized to use the Services if You agree to abide by the Terms of Use and all applicable laws. If You do not accept the Terms of Use, then please discontinue Your use of the Platform and the Services. Your continued use of the platform following the posting of any change or modification of these terms will mean You accept those changes or modifications. Ovalstars reserves the right to withdraw Your access to the platform and to change, modify, revise the materials, products and pricing listed or offered through the platform at any time.


We may modify the Terms of Use from time to time and each modification will be effective upon posting on the Platform, which serves as notice to You. The Terms of Use constitute the entire agreement regarding Your use of the Platform or the Services and supersede any such prior Terms of Use. We will attempt to notify all Members of changes to these Terms of Use but are not obligated to do so, as it is important that You review the Terms of Use regularly to ensure You are updated as to any changes made.


Both Buyer and OVALSTARS are individually referred to as 'Party' and collectively referred to as 'Parties' to the Terms of Use.


 


"Booking Agreement" available on Ovalstars platform which you will be able to see at the time of making any bookings details out terms & conditions applicable on various services or products facilitated by Ovalstars. The User should refer to the relevant Terms of Service applicable for the given product or service as sold on Ovalstars in the Booking Agreement. Such Terms of Service are binding on the User.


ELIGIBILITY TO USE


The User must be atleast 18 years of age and must possess the legal authority to enter into an agreement so as become a User and use the services of Ovalstars. If You are a minor or are below the age of 18 years, You shall not register as a User of the Platform and shall not transact on or use the Platform.


As a minor if You wish to use or transact on the Platform, such use or transaction shall only be made by a person of legal contracting age (legal guardian or parents). You may be granted access by providing either of Your parents or legal guardians Email IDs and Mobile Number. Email will be sent informing the parent or legal guardians that their ward has registered himself/herself to use the Services through this Platform. Parents or legal guardians of such wards will be liable for all acts or omissions of such individuals, damages or losses occurred due to activities or action of their wards and are legally bound by any Acts/ Deeds/ Violations of the Terms of Use by their wards.


Ovalstars shall not be liable for a minor viewing the Platform without a parent or legal guardian. We reserve the right to terminate Your account and/or block access to the Platform if it is discovered that You are a minor or incompetent to contract according to the law or any information pertaining to Your age entered at the time of creation of account is false.


Before using the Platform, approaching any Sales Channels or procuring the services of OVALSTARS, the User shall compulsorily read and understand this Terms of Use Policy, and shall be deemed to have accepted this Terms of Use Policy as a binding document that governs Users dealings and transactions with OVALSTARS. If the User does not agree with any part of this Terms of Use Policy, then the User must not avail Ovalstars Services and must not access or approach the Sales Channels of Ovalstars.


All rights and liabilities of the User and Ovalstars with respect to any Services or product facilitated by Ovalstars shall be restricted to the scope of this Terms of Use Policy.


SCOPE OF SERVICES


It is hereby clarified that the Platform shall act only as a 'Marketplace' under the applicable Law and the Platform’s role as a marketplace is limited to managing the Platform, associated marketing, payment management, booking management, enquiry managements and other incidental services to enable the provision of services between the User and the Seller.


Content


You understand that all content provided through various Sales Channels, including but not limited to any sort of information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements, or other such similar materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the Services and not Ovalstars. You also acknowledge that Ovalstars do not control the Content posted through its Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content.


Further, You also agree to provide Ovalstars a non-revocable license to use the Content and related intellectual property for any and all purposes as Ovalstars may deem fit.


The opinions expressed in postings or other Content provided through the Services are not necessarily those of Ovalstars or its owner, content providers, advertisers, sponsors, affiliated or related entities. You understand that by using the Platform you may be exposed to Content that is offensive, indecent or objectionable. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Services.


intellectual property Rights


You understand that all content and intellectual property provided through various Sales Channels and the Services, including without limitation, the text, icons, software, scripts, graphics, photographs, sounds, music, images, videos, visual interface, design, computer code, interactive features and the like (“Platform Content”) are owned by or licensed to Ovalstars and protected under applicable intellectual property laws. User cannot use this Content for any other purpose, except as specified herein and under the Copyright Policy.


Subject to aforesaid, it is hereby specifically recorded that the content available through the Service is the sole and exclusive property of Ovalstars or its licensors and is protected by copyright and other intellectual property laws. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trade marks, trade names, trade dresses, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and all those special rights conferred as a result of the Berne Convention, 1979 individually as a result of prospective local laws in accordance with the Convention and the Trade Related Aspects of Intellectual Property Rights Agreement of the World Trade Organization. All those intellectual property rights arising as a result of domain names, internet or any other form of an electronic/technological law shall also vest in the domain of Ovalstars.


User agrees to follow all instructions provided by Ovalstars which will prescribe the way such User may use the Content and the intellectual property on the Platform.


Permitted Use of Content and Intellectual Property


Except as expressly and unambiguously provided herein, Ovalstars does not grant You any express or implied rights and/or ownership in and to the Services, Platform Content and intellectual property on the Platform.


You may access the Platform Content and intellectual property for Your information and personal, non-commercial use solely as intended through the provided functionality of the Services. The Platform Content and intellectual property are provided to You “AS IS” and “AS AVAILABLE”.


The Platform Content and intellectual property may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Ovalstars and/or the respective owners, and it may not be used as prohibited under the Terms of Use.


There are a number of proprietary logos, service marks and trademarks displayed on the Platform and through other Sales Channels of OVALSTARS, as may be applicable. OVALSTARS does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content, will be in violation of the applicable law.
 

REPORT INFRINGEMENT


Ovalstars respects the intellectual property rights of others. If You notice any act of infringement on the Platform, You are requested to send us a written notice/ intimation which must include the following information;


  • Clear identification of such copyrighted work that You claim has been infringed;
  • Location of the material on the Platform, including but not limited to the link of the infringing material;
  • The proof that the alleged copyrighted work is owned by You;
  • Contact information;

The aforesaid notices can be sent to OVALSTARS by email at IPR@OVALSTARS.com.


 


REPORT CONTENT


OVALSTARS reserves the right to periodically make improvements or changes on its Platform at any time without any prior notice to the User. User(s) are requested to report any content on the Platform which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to report@ovalstars.com.If You notice or find that a registered Artist/ Act Profile on the Platform is a Fraud, Misusing in any manner or have any other issue, You may report the same through the ‘Report’ tab available on the Artist/ Act Profile Page. On receiving such report, OVALSTARS reserves the right to investigate and/or take such action as the Company may deem appropriate.


Member Accounts


When you register as a User, Ovalstars allows you to create your own account and Profile (“User Profile”). Access to certain features of the Platform may only be available to registered User(s)/ Client/ Buyer/ Customers (collectively “Members”). The process of registration, may require the User to answer certain questions or provide certain information that may or may not be personal in nature such as email address, mobile number, security password (“Credentials”). There may be some other fields we well that may be mandatory or optional. User represents and warrants that all information supplied to OVALSTARS is true and accurate. User agrees to keep the Credentials private and secure. User shall be held responsible for any actions taken on his/her Account using the Credentials whether or not authorized by the User. Each Member’s right to use the Services is personal to the Member and Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify Ovalstars of any unauthorized use of Your account or any other breach of security known or that should be known to You. You acknowledge and agree that You are solely responsible for Your interaction with other Members of the Platform, and that we have no obligation to monitor or resolve disputes between Members of the Platform.


You, as an User/ Client/ Buyer/ Customer, expressly agree:


  • to provide Ovalstars with accurate, complete and updated registration information;
  • to not distribute exchange, modify, sell or transmit anything from the Platform, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
  • and authorizes OVALSTARS's representative to contact user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.
  • that Company has the right, in its sole discretion to suspend and/or terminate Your access to the platform and the services offered on the same or any portion thereof at any time, without notice, if the Company determines that any information You provided is untrue, inaccurate, not current and/or incomplete, or for general maintenance or any other reason whatsoever.
  • to not approach, engage, solicit, make or accept any offers and/or otherwise deal with any Seller directly or indirectly, without Ovalstars involvement for any event undertaken by the User
  • to protect Your username and password at all times;
  • to notify Company immediately of any unauthorized use of Your account or any other need to deactivate Your username and/or password due to security concerns;
  • that Company shall not be responsible for unauthorized access to or alteration of Your data; and
  • that any Content You submit or have submitted to Company in physical form (e.g. compact discs, DVDs, photographs, etc.) shall not be returned to You and shall become the exclusive property of Company, unless otherwise agreed to in writing by Company.

Your username and password are personal to You and under no circumstances may You allow any others to use Your username and/or password. We are not liable for any harm caused or related to the theft or misappropriation of Your username and/or password, disclosure or Your username and/or password, or Your authorization of anyone else to use Your username and/or password. From time to time, the Company may find it necessary to access Your account. For instance, the Company may access Your account for support, maintenance or security-related reasons. You acknowledge and consent to such access. Furthermore, 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 the country in which You reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.


User may close their Account at any time by notifying Ovalstars. User is responsible for all activities associated with their Account which are made before the Account is closed including payment of fees and taxes or other liabilities caused by or resulting from use of the Platform or Ovalstars Services.


USER’s RESPONSIBILITY


Users are advised to check the description of the services and products 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 booking voucher. These conditions are also to be read in consonance with the this Terms of Use Policy as well as the Booking Agreement.

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 Agreement, including all rules and restrictions applicable thereto.

The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the services available through OVALSTARS. 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 or for each transaction.

The services are provided on an "as is" and "as available" basis. OVALSTARS may change the features or functionality of the services being provided at any time, in its sole discretion, without any prior notice. OVALSTARS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from OVALSTARS or through the services opted shall create any warranty not expressly made herein or in the terms and conditions of the services.

User also authorizes OVALSTARS's representative to contact such user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.


The User shall not post or circulate any Content either on Ovalstars Platform, social media platforms, WhatsApp or mediums as such, any sort of media or internet or anywhere else which is related to Ovalstars or bookings made on Ovalstars, its sellers, other Users that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other users, sellers or Ovalstars and its employees and affiliates; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of the service provided; or (v) includes sensitive personal information, including payment, contact information, or personal account details. The User will not knowingly or negligently provide any Content that contain viruses, trojan horses, and other harmful content (collectively, “Viruses”). While Ovalstars does attempt to identify and contain any Viruses impacting the Platform, Ovalstars is not liable and disclaim all responsibility for ensuring that the Platform is free of Viruses.


BOOKINGS BY USER


While making a booking on the platform, Users are requested to make sure that all the details provided are true and accurate. Before confirming or after the booking is confirmed by the Seller, Ovalstars may ask the User to provide additional information about themselves, the event, event venue, safety standards, etc  and User shall be obliged to fulfil all questionaries with satisfactory answer. User agrees that he/she will provide information that is accurate and complete. Unsatisfactory answers or misleading informations provided by the User may lead to cancellation of the booking, forfeit of the payment made as well as termination of the account.


 


Users are strictly advised to thoroughly check all the details of artist & its acts or of services and the service provider along with the requirements mentioned by the Seller that needs to be fulfilled by the User for that booking which are available on the act listing/ service page on Ovalstars Platform and should read description of the services and products carefully before making a booking. User agrees to be bound by all the terms, conditions, requirements, agreements, policies as laid out in the booking details page. These conditions are also to be read in consonance with the Booking Agreement. 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 Policy, Booking Agreement as well as other policies of Ovalstars including all rules and restrictions applicable thereto.


Once the payment is made by the User, the amount gets credited to Users wallet as ‘On Hold’ amount and is blocked till the booking is accepted/ rejected by the Seller which usually takes anywhere from 1 hour to 48 hours. If booking is accepted by the Seller than amount gets deducted from Users wallet and if the booking is rejected by the Seller for any reason, than the ‘On Hold’ amount gets converted into ‘Cash’ balance which can either be used to make another bookings or User can also request to withdraw the whole amount by providing its bank details and requesting for withdrawal of the amount. It may take upto 7 working days for amount to get credited into your account.  In case of failed bookings, the entire amount is refunded back to the source account from which the payment has been made within 7 working days.


BOOKINGS BY EVENT MANAGERS


Except with the prior registration with Ovalstars as B2B agents, priority partner or a franchisee, and explicit permission of Ovalstars to use the Platform, all event managers, event management companies, consolidators or aggregators ("Event Managers") are barred from using the Platform for any commercial or resale purpose. If any such bookings are detected, Ovalstars reserves the right, including without limitation, to cancel all such bookings immediately without any notice to such event managers and also to withhold payments or any refunds thereto. Ovalstars shall not be held liable for any incidental loss or damage that may arise from the bookings made by any person through such Event Managers. The liability in case of such cancellations shall be solely borne by such Event Managers.


All discounts and offers mentioned on the Platform are applicable only to the User(s) of Ovalstars for legitimate bookings.


Fees and Terms


In addition to the cost of booking as charged by the Sellers, OVALSTARS reserves the right to charge certain fees in the nature of convenience fees or service fees. OVALSTARS further reserves the right to add or alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before confirming the booking or collecting the payment from such User.


In cases of short charging of the booking amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, OVALSTARS shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to OVALSTARS. In cases where the short charge is claimed prior to the utilization of the booking, OVALSTARS will be at liberty to cancel such bookings if the amount is not paid before the utilization date.


Any increase in the price charged by OVALSTARS on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.


In the rare circumstance of a booking not getting confirmed for any reason whatsoever, OVALSTARS will process the refund of the booking amount paid by the User and intimate the User about the same. OVALSTARS is not under any obligation to provide an alternate booking in lieu of or to compensate or replace the unconfirmed booking. All subsequent bookings will be treated as new transactions. Any applicable refund will be processed as per the defined policies of the Sellers and OVALSTARS as the case may be.


The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the service, as per the applicable laws


The User agrees and understands that all payments shall only be made either via payment gateway provided on our Platform or to bank accounts of OVALSTARS. OVALSTARS or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of OVALSTARS. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by OVALSTARS or to any personal account of any person, OVALSTARS shall not be held liable for the same. User shall not hold any right to recover from OVALSTARS any amount which is transferred by the User to any third party.


The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of OVALSTARS. The User shall immediately inform OVALSTARS if such details are demanded by any of its agents' employees or representatives. OVALSTARS shall not be liable for any loss that the User incurs for sharing the aforesaid details.


Refunds, if any, on cancelled or rejected bookings will either be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that booking or to the respective bank account, details of which have been filled by the user in the bank details section of user account.


Booking(s) made by the User through OVALSTARS are subject to the applicable payment, cancellation & refund policy as set out on the booking page or as communicated to the user in writing.


OVALSTARS provides various modes of making payments on the Platform for transacting, like UPI, Credit/Debit Cards of various banks, Net Banking facility of all major banks, OVALSTARS and third party Wallets, Gift Cards, EMI and more.


The User and Sellers (including its artist, staff, associate, etc.)  registered with Ovalstars are prohibited from making any direct deal amongst themselves without the prior permission of Ovalstars once the booking is initiated on the Ovalstars Platform and till the booking is executed and completed. In the event of any such engagement between the User and the Seller where Ovalstars has not been involved, if found at later stage, the User shall be liable to pay Ovalstars a penalty of amount which Ovalstars will convey to the User as per Ovalstars discretion which it feels will be right, reasonable and justified compensation for breach of contract within 7 days after such intimation has been made. It may also lead to suspension/ termination of their account on Ovalstars.



OBLIGATION TO OBTAIN VISA


International bookings or international artists booked through Ovalstars are subject to the requirements of visa including but not limited to transit visa, OK TO BOARD which are to be obtained by the User as per the Seller travel requirement and the requirements of the countries in which the Seller will be performing or providing services or transit through.


Ovalstars is not responsible for any issues, including inability of Seller to travel, arising out of such visa requirements and is also not liable to refund any amount to the User for being unable to utilize the booking due to absence or denial of visa, irrespective whether or not the User has availed the services of Ovalstars for the visa process too. Refund, if any will be as per the applicable terms of booking and cancellation policy.


INSURANCE


Unless explicitly provided by OVALSTARS or the Seller in any specific service or deliverable, obtaining sufficient insurance coverage (travel insurance, event insurance, equipment insurance, etc) is the obligation of the User. In no case OVALSTARS shall accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service or product by OVALSTARS or by the Seller shall be as per the terms and conditions of the third-party insurance company. OVALSTARS merely acts as a facilitator in connecting the User with insurance company. The User shall contact the insurance company directly for any claims or disputes. OVALSTARS shall not be held liable in case of partial acceptance or denial of the claims by the insurance company.


RIGHT TO REFUSAL BY OVALSTARS


OVALSTARS at its sole discretion reserves the right to not accept any booking without assigning any reason thereof.


OVALSTARS will not provide any service or share confirmed booking requests/ details till such time the complete consideration is received from the User.


In addition to other remedies and recourse available to OVALSTARS under this Terms of Use and applicable Agreement or under applicable law, Ovalstars may limit the User’s activity, warn other Members/ Sellers/ Media/ Organisations/ Law Enforcement Agencies/ Government, etc of the User’s actions, immediately suspend or terminate the User’s registration, or refuse to provide the User with access to the Platform if:


  • The User is in breach of the Terms of Use Policy; or
  • Ovalstars is unable to verify or authenticate any information provided by the User; or
  • Ovalstars 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 Seller, other Users & Sellers of Ovalstars, or Ovalstars itself.

Once a User has been suspended or terminated, such User shall not register or attempt to register with Ovalstars with different credentials, or use the Platform in any manner whatsoever until such User is reinstated by Ovalstars. Ovalstars may at any time in its sole discretion reinstate suspended users.


If a User breaches this Agreement, Ovalstars reserves the right to recover any amounts due to be paid by the User to Ovalstars, and to take appropriate legal action as it deems necessary.


The User shall not write or send any content to Ovalstars which is, or communicate with Ovalstars using language or content which is:


  • abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;
  • contrary to any applicable law;
  • violates third parties' intellectual property rights;
  • a spam; or
  • in breach of any other part of these terms and conditions of use.

If the User violates any of the aforesaid terms, Ovalstars shall be at liberty to take appropriate legal action against the User.


RIGHT TO REFUSAL BY SELLER


User agrees that that the end Sellers may refuse to provide the service(s), agreed to be provided to the User, for any booking made through OVALSTARS with/without assigning any reasons or owing to reasons including but not limited to behavioural issues, public safety, health hazards, infectious diseases, government orders/notification etc. In such scenarios of refusal, the liability that may ensue shall solely vest with the end Sellers as it is outside the purview of OVALSTARS and the User agrees that any claim, refund or damages against such refusal shall lie solely against the end Sellers and not OVALSTARS.


RIGHT TO CANCEL


The User expressly undertakes to provide OVALSTARS with correct and valid information while making use of the Platform under this Terms of Use Policy, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from OVALSTARS.

In case OVALSTARS discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User is not correct or that any fact has been misrepresented by that User, OVALSTARS shall be entitled to appropriate legal remedies against the User, including cancellation of the bookings, without any prior intimation to the User. In such an event, OVALSTARS shall not be responsible or liable for any loss or damage that may be caused to the User or any other person in the booking, as a consequence of such cancellation of booking or services.

If any judicial, quasi-judicial, investigation agency, government authority approaches OVALSTARS to cancel any booking, OVALSTARS will cancel the same without approaching the concerned User whose booking has been cancelled and the refund will be as per the Cancellation Policy of Ovalstars.

The User shall not hold OVALSTARS responsible for any loss or damage arising out of measures taken by OVALSTARS for safeguarding its own interest and that of its genuine customers and Sellers. This would also include OVALSTARS denying or cancelling any bookings on account of suspected fraud transactions and refunds will be as per the cancellation policy of Ovalstars.


Termination of Service


You agree that the Ovalstars, in its sole discretion, has the right, but not the obligation, to delete or deactivate Your Member account, block Your IP address, or otherwise terminate Your access to or use of the Platform, or any part thereof, immediately and without notice, and remove and delete any Content on the Platform, for any reason, including, without limitation, if we believe that You have violated or acted inconsistently with the letter or spirit of the Terms of Use. Further, You agree that Ovalstars will not be liable to You or any third party for any termination of Your access to the Services. Further, You agree not to attempt to use the Platform after Your Member account has been terminated.


You agree that if You are dissatisfied with the services provided by Ovalstars and/or if You do not agree with any part of the Terms of Use, or if You have any other dispute or claim with or against us with respect to the Terms of Use or the Services, Your sole and exclusive remedy is to discontinue using the Platform.


ADVERTISERS ON OVALSTARS, AND LinkED WEBSITES


The Platform may contain links to third party websites. OVALSTARS does not control such websites and is not responsible for its contents. If a User accesses any third-party website or apps, the same shall be done entirely at the User's risk and OVALSTARS shall assume no liability for the same.
 

OVALSTARS is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Sellers or the advertisers.
 

OVALSTARS does not endorse any advertisers on its Platform, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
 

The linked sites are not under the control of OVALSTARS and hence OVALSTARS is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. OVALSTARS is providing these links to the Users only as a convenience.

USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY OVALSTARS


OVALSTARS will send payment confirmation, booking confirmation, itinerary information, seller requirements, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction or booking made by the User, via SMS, internet-based messaging applications like WhatsApp, voice call, e-mail or any other alternate communication detail provided by the User at the time of booking.
 

OVALSTARS may also contact the User through the modes mentioned above for any pending or failed bookings, to know the preference of the User for concluding the booking and also to help the User for the same.
 

The User hereby unconditionally consents that such communications via SMS, internet-based messaging applications like WhatsApp, voice call, email or any other mode by OVALSTARS are:


·        upon the request and authorization of the User;


·        'transactional' and not an 'unsolicited commercial communication' as per the guidelines of Telecom Regulation Authority of India (TRAI), and


·        in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
 

The User will indemnify OVALSTARS against all types of losses and damages incurred by OVALSTARS due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on OVALSTARS with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES


OVALSTARS employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a Buyer to install any third-party applications that enable them to view a User’s mobile or computer screen.


Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.


If you are ever asked for any of the aforesaid information, please report it immediately on report@ovalstars.com.


SECURITY AND ACCOUNT RELATED INFORMATION


While registering on the Platform, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify Ovalstars immediately in writing of any unauthorized use of their password or account or any other breach of security. Ovalstars will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time.


User understands that any information that is provided to the Ovalstars Platform may be read or intercepted by others due to any breach of security at the User's end.


Ovalstars keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering bookings on credit (finance) etc., Ovalstars may at times verify certain information of its Users like their credit score, as and when required.


Additionally, Ovalstars may share Your Personal Information in an anonymized and/ or aggregated form with a third party that Ovalstars may engage to perform certain tasks on its behalf or to fulfill the desired booking, including but not limited to payment processing, data hosting, data processing, credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.


Additionally, Ovalstars may share Your Personal Information in an anonymized and/ or aggregated form with a third party that Ovalstars may engage to perform certain tasks on its behalf, including but not limited to payment processing, data hosting, data processing, credit score and assessing credit worthiness for offering bookings on credit in accordance with the applicable laws.


Ovalstars adopts the best industry standard to secure the information as provided by the User. However, Ovalstars cannot guarantee that there will never be any security breach of its systems which may have an impact on User's information too.


The data of the User as available with Ovalstars may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.


COMPLIANCE OF LIBERALIZED REMITTANCE SCHEME (LRS)


The RBI mandates collection of PAN details for all transactions made under Liberalized Remittance Scheme (LRS) which include any international booking made on the Platform or through Sales Channels. The User warrants and confirms that PAN details of the User will be shared by the User on or before the cut-off date prescribed by Ovalstars either at the time of booking or after the booking is made. The User further confirms that non-compliance of this requirement may result in cancellation of the booking.


The User warrants and confirms that the total amount of foreign exchange purchased or remitted during the current financial year, through all sources in India (including the current transaction) falls within the permissible limit prescribed by the RBI. The User further confirms that foreign exchange, if any, purchased by User for the purpose of International Artist Service Booking under the current booking will be utilized for the purpose indicated above.


The User authorizes Ovalstars to retrieve User’s PAN details from Users profile, previous bookings or share User’s data with third party(ies) for collecting or verifying PAN details solely for the purposes mentioned in this Agreement.


The User understands Ovalstars does not collect User’s PAN details without consent. If the User wishes to opt of providing the same or wishes to delete it if already provided, the User may do so by accessing the profile information through the Desktop.


The User authorizes Ovalstars to share User data with third party(ies) for collecting or verifying PAN details of User.


Indemnity


The User agrees to indemnify, defend and hold harmless OVALSTARS, its affiliates and their respective officers, directors, lawful successors and assigns 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 by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.

The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and OVALSTARS cannot be held responsible for the same.


Disclaimer of Warranties & Limitation of Liabilities


You understand and agree that the Ovalstars Services are provided “AS-IS” or “AS AVAILABLE,” and we do not assume any liability for the failure to store or maintain any user communications or personal settings.


No advice or information, whether oral or written, obtained by You from the Services shall create any warranty not expressly stated in these Terms of Use. In no event shall Ovalstars or its owner, or affiliates, be liable to You or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages, loss of or damage to reputation or loss of information, arising from Your use of the Services even if we have been advised of the possibility of such damages.


Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to You, and You may have other legal rights that vary according to jurisdiction. In no event will damages provided by law, if any, apply unless they are required to apply by law, notwithstanding their exclusion by contract.


We disclaim all liability for any loss or damage arising out of Your communications or dealings with any of the businesses, advertisers, Ovalstars Members or users of the Services. Your communications or dealings with such businesses, advertisers, Members and users are solely between You and them, although we reserve the right to monitor disputes between You and them.


Unless OVALSTARS explicitly acts as a reseller in certain scenarios, OVALSTARS always acts as a facilitator by connecting the User with the respective Seller (such as artists/ artist’s managers/ artist management companies/ service providers etc.). OVALSTARS's liability is limited to providing the User with a confirmed booking as selected by the User.


Unless explicitly committed by OVALSTARS as a part of any product or service:


·        OVALSTARS assumes no liability for the standard of services as provided by the respective Sellers.


·        OVALSTARS provides no guarantee with regard to their quality or fitness as represented.


·        OVALSTARS doesn't guarantee the availability of any services as listed by a Sellers.
 

Any issues or concerns faced by the User at the time of availing any such services shall be the sole responsibility of the Sellers. OVALSTARS will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence on part of any Seller.

 


By making a booking, User understands OVALSTARS merely provides a technology platform for booking of services and products and the ultimate liability rests on the respective Sellers and not OVALSTARS. Thus, the ultimate contract of service is between User and Seller.


User further understands that the information displayed on the Platform with respect to any service is displayed as furnished by the Seller. OVALSTARS, therefore cannot be held liable in case if the information provided by the Seller is found to be inaccurate, inadequate or obsolete or in contravention of any laws, rules, regulations or directions in force. Seller Requirement/ Requirement Fulfilment information (if any), if provided by the User/ Seller to Ovalstars is forwarded as it is received. Ovalstars assumes no liabilities against the same.


Ovalstars shall not be liable for Your interactions with any organizations and/or individuals found on or through the Services. This includes but is not limited to performance of services by the Artists, services provided by service provider, payment by User, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between You and such organizations and/or individuals. You agree that Ovalstars is not responsible for any damage or loss incurred as a result of any such dealings.


FORCE MAJEURE       


There can be exceptional circumstances where Ovalstars and / or the Sellers may be unable to honor the confirmed bookings due to various reasons or a Force Majeure Event. In such a situation ‘Force Majeure Event’ shall be defined as one or more of the following causes which renders performance impossible, impracticable, or unsafe: death, illness of, or injury of Seller’s key personnel; theft, loss, destruction, or breakdown of equipment owned or leased by Seller; fire; threat(s) or act(s) of terrorism; riot(s) or other form(s) of civil disorder in, around, or near the Performance(s) venue; strike, lockout, lockdown or other forms of Labour difficulties; any act, order, rule, or regulation of any court, government agency, or public authority; act of God; absence of power or other essential services; failure of technical facilities; failure or delay of transportation not within Seller’s reasonable control; inclement weather; and/or any similar or dissimilar cause beyond Seller’s or User’s reasonable control.


If a Force Majeure Event occurs, the User and the Sellers respective obligations hereunder will be excused fully, without any additional obligation, and each of the User and Seller shall bear its own costs incurred in connection with the engagement. Travel and accommodation already booked will remain the burden of the User and costs for this cannot be claimed back from the Seller or Ovalstars. The User agrees that Ovalstars being merely a facilitator of the services, cannot be held responsible for any such Force Majeure Event.


Notwithstanding the foregoing, if Seller is ready and willing to provide its services, User will pay Seller full amount of the guarantee set forth as per the Booking Agreement.


If Seller is unable to depart city of venue after the Booking completion due to flight cancellation, or flight unavailability caused by onsite delays in Seller’s performance/ service schedule or failure to get to the city of Booking airport on time due to local traffic or delays in User-provided or arranged ground transportation, User shall be responsible for providing additional hotel accommodations, flight tickets, food & beverages, ground transfers and per diem allowances as required, in accordance with the terms agreed upon during the booking. Seller will make best efforts to depart city of venue as soon as reasonably possible in an effort to limit User’s costs.


The User agrees that in the event of non-confirmation of booking due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, Ovalstars obligation shall be limited refunding the booking amount, if any, received from the customer. Such refund shall completely discharge Ovalstars from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.


In no event shall Ovalstars and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or any other Sales Channel.     


COVID RELATED TERMS & CONDITIONS


User agrees that due to recent outbreak of COVID-19 pandemic, which has been declared as a national disaster by the Government of India, there may be instances, where the end Artist/ Service Provider either cancels the booking or refuses to provide the services, as agreed with the User, by assigning or not assigning any specific reason for such refusal. Refusal of service may be due to the reasons including but not limited to the User:


  • User & its guests exhibiting any symptoms associated with COVID 19.
  • Artist/ Service Provider & its team Members exhibiting any symptoms associated with COVID 19.
  • User & its guests refusing to comply with safety advisories, like wearing protective gear, complying with social distancing norms etc.
  • User & its guests suffering of any ailment making them vulnerable to the virus
  • Artist/ Service Provider or its team Members suffering of any ailment making them vulnerable to the virus
  • User & its guests posing a threat to the health and safety of Artists/ Service Provider or its team
  • Artist/ Service Provider & its team Members posing a threat to the health and safety of User and its guests
  • not fulfilling Covid vaccination criteria by either User and its guests or by Artist/ Service Provider and its team Members

In such cases Ovalstars will assume no liability for the refusal of service by the end Seller. The User also agrees that refund, if any, for such bookings will be processed by Ovalstars to the User subject to receipt of the same from the end Sellers.


User further understands that due to the outbreak of COVID-19, the Central Government through its ministries, State Governments and statutory bodies have/may come up with detailed set of guidelines or standard operating procedure (SOP) that a User will have to follow in order to undertake the Seller services.


The User agrees to abide with all such guidelines/SOP while undertaking any booking. Failure to abide by such detailed set of guidelines/SOP, may lead to a situation where any person authorized by the Central Government, State Government or statutory body may disallow the Artist/ Service Provider and its team Members to deliver their services. In such circumstances, Ovalstars will not be held liable for such refusal to travel and booking refund, if any, shall be strictly as per the terms of the Artist/ Service Provider. Any expense borne by Artist/ Service Provider and its team Members related to COVID tests or any other test as required in order to facilitate their travel has to be reimbursed by the User when Artist/ Service Provider arrives at the event including expense which Artist/ Service Provider and its team members may incur while travelling back to their home city.


User undertakes that all bookings are subject to certain minimum medical wellbeing criteria specified by the Govt. / appropriate authority. User must make sure that all government and legal compliances has been adhered to and all necessary, licences, permissions and precautions have been taken in order for Artist/ Service Provider to provide its services.


MISCELLANEOUS


SEVERABILITY: Our failure to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of such right or provision. If any provision of this Terms of Use is determined to be unlawful, void 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 Terms of Use shall continue to be in full force and effect.


This Terms of Use will bind and inure to the benefit of each party’s permitted successors and assigns. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to the Ovalstars engagement terms with its Seller(s) and Buyer(s), as applicable constitutes the complete and exclusive agreement between Ovalstars and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.


The Terms herein are subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with statutory requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.


This Terms of use Policy or any other communication in electronic form or printed shall be admissible in judicial or arbitration proceedings as if produced in printed form.


JURISDICTION: If there is any claim or dispute about or involving the Services, you agree that the claim or dispute will be governed by the laws of India, without regard to conflict of law provisions. You agree to and hereby submit to exclusive personal jurisdiction and venue in the courts located in the Surat, Gujarat, India with respect to any such matters, and you agree to waive any and all objections to jurisdiction and to venue.


The Services are controlled and offered by Ovalstars in India and we make no representation that materials associated with the Services are appropriate or available for use in other locations, and accessing them from jurisdictions where the content is illegal is prohibited. Those who choose to use or access the Services from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.


AMENDMENT TO THE TERMS OF USE POLICY: OVALSTARS reserves the right to change the Terms of Use Policy from time to time. The User is responsible for regularly reviewing the Terms of Use Policy.

CONFIDENTIALITY: Any information which is specifically mentioned by OVALSTARS as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this Terms of Use Policy and the obligations of both the parties herein.


FEEDBACK FROM MEMBERS: OVALSTARS would like to know the feedback of the User for improving its services. The User hereby authorizes OVALSTARS to contact the User for their feedback on various services offered by OVALSTARS. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to OVALSTARS for specific exclusion at privacy@ovalstars.com.


PRIVACY POLICY: User shall also refer to OVALSTARS's Privacy Policy available on OVALSTARS's website which governs use of the Platform. By using the Platform, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by OVALSTARS and its affiliates in accordance with the terms of the Privacy Policy.


GRIEVANCE REDRESSAL: OVALSTARS strongly believes in resolving the issues raised by the User(s). In the event if User feels that it’s concern has not been resolved to it’s satisfaction, User may contact our grievance officer, who shall endeavour to redress the concern within 30 working days from the date of escalation. To reach the grievance officer please email at grievance@ovalstars.com. 


User(s) are advised to escalate to the grievance officer only when they have already raised their complaint which has not been resolved to their satisfaction, or their concern has not been resolved within 30 working days from the date of ticket generation. User(s) will be required to share their booking reference number and the ticket ID generated for their complaint, for any escalations to the Grievance Officer.


In compliance of the Information Technology Act, 2000 and rules made thereunder and also in compliance of the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer are herein as under:


Name: Ms. Ankita Agarwal


Email ID: grievanceofficer@ovalstars.com


Address: Ovalstars Entertainment Private Limited


306 Union Heights, Maharana Pratap Road,


Rahulraj Mall Lane, Vesu, Surat – 395007


Working hours: Mon to Fri (10:00 to 18:00)