TERMS OF SERVICE AGREEMENT: CHEERBOLT
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS PLATFORM OR ORDERING PRODUCTS AND SERVICES FROM THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) administers your use of this site, www.Cheerbolt.com, its related mobile applications and online networking & social media profiles (the “Platform”), HSM Technocrafts ("Cheerbolt") offer of products and services for buy on this Platform, or your buy of products and services accessible on this Platform. This Agreement incorporates, and joins by this reference, the approaches and rules referenced underneath. Cheerbolt maintains whatever authority is needed to change or modify the terms and states of this Agreement whenever by posting any progressions or a modified Agreement on this Platform. Cheerbolt will alarm you that progressions or updates have been made by showing on the highest point of this Agreement the date it was last reexamined. The changed or updated Agreement will be taking effect right now after it is posted on this Platform. Your utilization of the Platform following the posting any such changes or of a reconsidered Agreement will establish your acknowledgment of any such changes or amendments. Cheerbolt urges you to survey this Agreement at whatever point you visit the Platform to ensure that you comprehend the terms and conditions overseeing utilization of the Platform. This Agreement does not change at all the terms or states of some other composed agreement you may have with Cheerbolt for different products and services. In the event that you don't consent to this Agreement (counting any referenced approaches or rules), it would be ideal if you quickly end your utilization of the Platform.
Use of Cheerbolt Platform is just for those people or lawful entities who can form legitimately restricting contracts under the pertinent law. Along these lines, on the off chance that you are a minor, or, in other words years old, you are not qualified to utilize or execute on this Platform.
Products & Services :
Terms of Offer. Cheerbolt is an online marketplace for providing Experiences. "Experiences" are certain productsand services packaged together, and marketed, sold via the Platform. In order to provide a comprehensivechoice of Experiences, it has tied up with many vendors and service providers. By placing an order for Experiencesthrough Cheerbolt, you agree to the terms set forth in this Agreement. Communication. If you the Platformor send emails or other data, information or communication to the Platform, you consent to receive communicationfrom the Platform and its employees and partners by email, SMS, electronic alert and call to provideyou with, but not limited to, updates, reminders and feedback requests.
Customer Solicitation: Unless younotify Cheerbolt sales representatives, while they are calling you, of your desire to opt out from further direct companycommunications and solicitations, you are agreeing to continue to receive further emails, notifications,messages and call solicitations from Cheerbolt and its designated in-house or third party call and messageteam(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations.
1. You may use the opt-out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email to Cheerbolt on the contact email mentioned on ourwebsite Proprietary Rights. Cheerbolt has proprietary rights and trade secrets in the Experiences. You maynot copy, reproduce, resell or redistribute any Experiences manufactured and/or distributed by Cheerbolt. Cheerbolt also has rights to all trademarks and trade dress and specific layouts of this site, includingcalls to action, text placement, images and other information.
Goods & Service Tax:If you purchase anyExperiences, you will be responsible for paying any applicable Goods &service tax.
3. In case of damage or loss to/of any person or material property during the event organized by the company, Cheerbolt won't be responsible.
4. In case of damage or loss of/due to add on (included in the package) such as photographs, cake, etc. provided by Cheerbolt,an appropriate refund(equivalent to the cost of damaged Addon) may be claimed at a later date.
5. Cheerbolt won't be responsible for any accident or loss of life occurred during any event organized.
Content; Intellectual Property; Third Party Links: In addition to making Experiences available, this Platform also offers information and marketing materials. This Platform also offers information, both directly and through indirect links to third-party websites. Cheerbolt does not always create the information offered on this Platform; instead the information is often gathered from other sources. To the extent that Cheerbolt does create the content on this Platform, such content is protected by intellectual property laws of the Indian, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Platform is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Cheerbolt does not endorse the contents on any such third-party websites. Cheerbolt is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.Use of Platform; Cheerbolt is not responsible for any damages resulting from use of this Platform by anyone. You will not use the Platform for illegal purposes. You will
(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Platform (including laws regarding intellectual property),
(2) not interfere with or disrupt the use and enjoyment of the Platform by other users,
(3) not resell material on the Platform,
(4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and
(5) not defame, harass, abuse, or disrupt other users of the Platform License.
By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in connection with your normal, noncommercial, use of the Platform. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Cheerbolt or the applicable third party (if third party content is at issue). Posting. By posting, storing, or transmitting any content on the Platform, you hereby grant Cheerbolt a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy,display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Cheerbolt does not have the ability to control the nature of the user-generated content offered through the Platform. You are solely responsible for your interactions with other users of the Platform and any content you post. Cheerbolt is not liable for any damage or harm resulting from any posts by or interactions between users. Cheerbolt reserves the right, but has no obligation, to monitor interactions between and among users of the Platform and to remove any content Cheerbolt deems objectionable, at its sole discretion.
User Accounts; Promotions:Cheerbolt reserves the right to collect user data including name, contact information, location based information provided by telecommunication companies or personal devices and other details to facilitate Experiences or use of the Platform. All information collected from the user are on a bonafide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of your services or the use of the platform without prior notice. Your accounts bearing contact number and email IDs are created and owned by Cheerbolt. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or your malafide intent. In the case the Platform is unable to establish your unique identity against a valid mobile number or e-mail ID, your account shall be indefinitely suspended and Cheerbolt does not have the liability to share any account information whatsoever.
Experiences: The Company shall be entitled at any time without giving any reason to terminate the booking of your Experience(s). Further, Cheerbolt encourages all its customers to take full responsibility of his/her items. In case of lost items during an Experience, Cheerbolt will try to locate the items on a “best-effort” basis but is not responsible for the same in case of loss or damage to the same.Payment. Using any of the payment method/s on the Platform, Cheerbolt will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to: lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by You and between “Bank/s”, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. By making the Payment to Cheerbolt, you understand that Cheerbolt is neither a banking nor financial service, but only a facilitator providing electronic, automated online payments. Through providing payment facility, Cheerbolt is not assuming any fiduciary responsibility or acting as trustee for the concerned transaction.
Disclaimer of Warranties:
Your use of this platform and/or experiences are at your sole risk. The platform and experiences are offered on an “as is” and “as available” basis. Cheerbolt expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the experiences or platform content, or any reliance upon or use of the platform content or experiences (including trial experiences) without limiting the generality of the foregoing,
Cheerbolt makes no warranty:
That the information provided on this platform is accurate, reliable, complete, or timely.
That the links to third-party websites are to information that is accurate, reliable, complete, or timely. No advice or information, whether oral or written, obtained by you from this platform will create any warranty not expressly stated herein. As to the quality of the experiences or unintended affects of or accidents during the experiences. Regarding any experiences purchased or obtained through the platform. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation of Liability:
Cheerbolt entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the platform content and experiences and/or for any breach of this agreement is solely limited to the commission earned by the platform, for experiences purchased via the platform. Commission earned is the difference between the amount you paid, less the amount cheerbolt owes or paid to the vendor or service provider who provided or facilitated the experience. Cheerbolt will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the experiences in any manner, including liabilities resulting from (1) the use or the inability to use the platform content or experiences; (2) the cost of procuring substitute experiences or content; (3) any experiences purchased or obtained or transactions entered into through the platform; or (4) any lost profits you allege. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
You will release, indemnify, defend and hold harmless Cheerbolt, and any of its contractors, agents, employees, officers, partners, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Platform content or your use of the Platform content; (3) the Experiences or your use of the Experiences (including Trial Experiences); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Cheerbolt. When Cheerbolt is threatened with suit or sued by a third party, Cheerbolt may seek written assurances from you concerning your promise to indemnify Cheerbolt; your failure to provide such assurances may be considered by Cheerbolt to be a material breach of this Agreement. Cheerbolt will have the right to participate in any defense by you of a third-party claim related to your use of any of the Platform content or Experiences, with counsel of Cheerbolt choice at its expense. Cheerbolt will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Cheerbolt against any claim, but you must receive Cheerbolt prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform or Experiences.
Agreement to be bound:
By utilizing this Platform or requesting Experiences, you recognize that you have perused and consent to be bound by this Agreement and all terms and conditions on this Platform.
Force Majeure:Cheerbolt will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Cessation ofOperation. Cheerbolt may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform and distribution of the Experiences. Entire Agreement. This Agreement comprises the entire agreement between you and Cheerbolt and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of Waiver. The failure of Cheerbolt to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Governing Law; India. This Platform originates from Jaipur. This Agreement will be governed by the laws of the State of Rajasthan without regard to its conflict of law principles to the contrary. Neither you nor Cheerbolt will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Rajasthan. By using this Platform or ordering Experiences, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or Experiences or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights:By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Cheerbolt reserves the right to terminate your access to the Platform if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Platform and Cheerbolt may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Experiences. If your access to the Platform is terminated, Cheerbolt reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Platform. This Agreement will survive indefinitely unless and until Cheerbolt chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use:Cheerbolt makes no representation that the Platform or Experiences are appropriate or available for use in locations outside India. Users who access the Platform from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. Cheerbolt may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. B using this platform or ordering experiences from this platform you agree to be bound by all of the terms and conditions of this agreement.
Use of client images:
Pictures of customers shared by our accomplices/merchants might be utilized for advertising under the inferred understanding that the customers have willfully permitted the photos/recordings to be taken. If there should be an occurrence of protests, the pictures will be expelled instantly.
Please note – www.Cheerbolt.com is fully owned and operated by HSM Technocrafts.