Terms of Service
The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of BOOM Shiva Events and Entertainments, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by BOOM Shiva Events and Entertainments or chosen by the user or agreed upon by BOOM Shiva Events and Entertainments. Therefore only the authorized user has the right to access the services offered by BOOM Shiva Events and Entertainments. BOOM Shiva Events and Entertainments will not be responsible for any costs, consequences or damages caused to any persons or entities due to any unauthorized use of the services offered by BOOM Shiva Events and Entertainments, including access of the said services by an unauthorized user using the user name and password of an authorized user, regardless of whether such unauthorized user is known to the authorized user.
The terms 'service' or 'services' would mean to include the interactive online solutions & information services offered by BOOM Shiva Events and Entertainments on the internet/mobile through which the user may access information carried by BOOM Shiva Events and Entertainments in the database maintained by it.
You agree not to copy, sell, resell, duplicate any part of BOOM Shiva Events and Entertainments services & solutions for commercial purposes.
BOOM Shiva Events and Entertainments services are available to all individuals who are at least 18 years of age. By registering to use BOOM Shiva Events and Entertainments services, you represent and warrant that you are at least 18 years of age. BOOM Shiva Events and Entertainments has the right, in its sole discretion, to suspend or terminate your use of BOOM Shiva Events and Entertainments services and refuse any and all current or future use of all or any portion of BOOM Shiva Events and Entertainments Services .
BOOM Shiva Events and Entertainments provides self-managed event organizing solutions to event organizers. Event organizers setup their event, fill up the details about their event such as event pricing, location, ticket inventory, attendee registration information collection and other such features. As used herein, "Customers" means BOOM Shiva Events and Entertainments event organizers ("Event Organizer "), registered event attendees ("Attendee ") and participants in our various affiliate programs.
Event Organizer Terms
BOOM Shiva Events and Entertainments offers organizers a web-based solution to organize events and meetings, to sell tickets or provide online Attendee Registration solutions via theBOOM Shiva Events and Entertainments's Websites for events of the organizer to customers by using BOOM Shiva Events and Entertainments to take on the payment process. In detail BOOM Shiva Events and Entertainments provides the following services to the organizer (each an "BOOM Shiva Events and Entertainments-Service"):
A web-based software on the BOOM Shiva Events and Entertainments-websites to organize events and to sell tickets of the organizer for these events to ticket buyers. The organizer has the possibility to create an own website for their event ("eventsite") and to offer a ticket sale. The ticket buyer can choose and buy the tickets on the eventsite directly.
Only the user and the organizer of an event are entering into an agreement regarding the event and the disposal of tickets for that event. BOOM Shiva Events and Entertainments only acts as a sales agent for the organizer of an event by order and for account of this organizer. It is the organizersÃ¢â?¬â?¢ duty to advise and instruct the ticket buyers of their eventually existing right of objection according to the legal guidelines.
The organizer authorises BOOM Shiva Events and Entertainments hereby for the duration of this agreement to act as an agent by order and for account of the organizer, to sell tickets to the public for events, offered by the organizer on the BOOM Shiva Events and Entertainments-Websites, to undertake the payment process with the ticket buyers and/or their banks and to ship the tickets to the ticket buyers. This authorization also contains the right of BOOM Shiva Events and Entertainments to send payment reminders to the ticket buyers.
Shipment & Delivery
The organizer can choose, whether the tickets shall be deposited on the venue or shall be sent electronically or if the ticket buyer shall have the choice between these different shipment methods. As far as tickets shall be deposited on the venue the organizer has the right to choose, whether the tickets shall be paid on the venue and/or in advance via BOOM Shiva Events and Entertainments.
At the option of the organizer, BOOM Shiva Events and Entertainments can also offer offline ticketing i.e. BOOM Shiva Events and Entertainments will take all tickets from the Organiser , offer a set number of the tickets online as suggested by the organizer, or as deemed suitable by BOOM Shiva Events and Entertainments, and put the remaining tickets into its retail associate networks (such as any cafe , bistros etc. with which BOOM Shiva Events and Entertainments may tie up). The Event organizer shall decide upon whether it wants to avail of only online/electronic ticketing solutions provided by BOOM Shiva Events and Entertainments or whether it prefers BOOM Shiva Events and Entertainments to provide both paper version & electronic version ticketing services.
Payment and Fees
BOOM Shiva Events and Entertainments products & services are available on the basis of transaction model, as per the requirements of customers.
In this model, pricing is applied on each ticket sale/attendee registration.
The organizer has to determine the base price for his tickets. This base price belongs to the organizer as far as nothing different is stated in these terms. The organizer can choose whether the additional fees payable to BOOM Shiva Events and Entertainments (fees for accounting, shipment etc.) are charged on top of this base price or not.
BOOM Shiva Events and Entertainments charges a fee for every ticket sold via the BOOM Shiva Events and Entertainments-Websites as stated in the price list published on the BOOM Shiva Events and Entertainments-Websites.
In addition to that BOOM Shiva Events and Entertainments charges a fee for accounting tickets according to clause 4 as well as for using the BOOM Shiva Events and Entertainments-Websites by the organizer as stated in the price list published on the BOOM Shiva Events and Entertainments-Websites. The rate of the fee depends by the payment method chosen by the organizer. The ticketing-fee is charged even if the tickets shall be deposited and paid on the venue.
In the event that tickets for an event have been sold via the BOOM Shiva Events and Entertainments-Websites, and the event is cancelled for any reason not directly attributable to BOOM Shiva Events and Entertainments, then BOOM Shiva Events and Entertainments shall continue to be entitled to the convenience fees and ticketing fees.
Change of an event
If an event for which tickets are sold or already have been sold via BOOM Shiva Events and Entertainments shall be cancelled or changed (regarding date, time, venue or other important points) the organizer has to inform BOOM Shiva Events and Entertainments immediately in writing once these circumstances have come to his attention.
The organizer has options of various payment method(s) (credit card, direct debiting, prepayment, invoice) to be offered to possible ticket buyers. In accordance to this choice BOOM Shiva Events and Entertainments undertakes accounting for the organizer and holds the money on a separate bank account. The organizer authorizes BOOM Shiva Events and Entertainments to do so. BOOM Shiva Events and Entertainments transfers the money received according to service pricing minus the fees payable to BOOM Shiva Events and Entertainments within 5 to 7 days to the organizer. The money has to be transferred to a bank account located in the country where the event took place and issued on the name of the organizer. For recurring events, BOOM Shiva Events and Entertainments reserves the right to pay out money before the event. BOOM Shiva Events and Entertainments reserves the right to change the number of days to transfer money to the event organizer at any time without notice. The organizer is aware of the risk that specific payment methods (direct debiting or credit card) can be reversed by the ticket buyers. The organizer bears this risk alone. If transactions are reversed after the payment to the organizer, these costs plus a fee for the reversed transaction as stated in the price list published on the BOOM Shiva Events and Entertainments-Websites are charged to the organizer.
The organizer is obliged to raise objections, if any, against the accounts of BOOM Shiva Events and Entertainments within four weeks after issue of the account. If not the account is considered as being approved.
Prevention against fraud / misusage
The BOOM Shiva Events and Entertainments-Websites offer an extensive security system, in particular to protect organizers against reimbursement of credit card payments. Because of this security system it is possible that Ã¢â?¬â?? in exceptional cases Ã¢â?¬â?? some credit card providers may not be accepted.
If the organizer arouses suspicion of misusage of theBOOM Shiva Events and EntertainmentsWebsites, BOOM Shiva Events and Entertainments has the right to deactivate the ticket shop of the organizer and to stop the ticket selling. In particular a suspicion of misusage of the BOOM Shiva Events and Entertainments-Websites is on hand, if it comes to attention before the event that the event shall not (or not in the way as stated in the ticket shop) take place; or
illegal or immoral events shall take place; or
If the organizer arouses suspicion of misusage of the BOOM Shiva Events and Entertainments-Websites, BOOM Shiva Events and Entertainments has the right to delay the payout to the organizer even after 5 to 7 days for further 60 days. Within these 60 days BOOM Shiva Events and Entertainments will check if an improper use of the BOOM Shiva Events and Entertainments-Websites and / or BOOM Shiva Events and Entertainments-Services occurred.
Warranty of the organizer
The organizer warrants to BOOM Shiva Events and Entertainments, that (i) there is no agreement between the organizer and a venue, or the owner or user of a venue, or a third party, which affects the organizerÃ¢â?¬â?¢s use of the BOOM Shiva Events and Entertainments-Services in accordance with these terms, (ii) the organizer is allowed to enter into this agreement with BOOM Shiva Events and Entertainments, including the right to authorize BOOM Shiva Events and Entertainments in accordance to these terms to act as an agent and to sell tickets for events of the organizer.
Duties of the organizer
The organizer has the duty to inform BOOM Shiva Events and Entertainmentsimmediately about unavailability or malfunctions of the BOOM Shiva Events and Entertainments-Websites.
The organizer has the obligation to inform BOOM Shiva Events and Entertainments immediately about every change of his name, company name, address, legal form or bank details in written form or via E-Mail. The organizer shall not use the BOOM Shiva Events and Entertainments -Services for illegal or immoral events such as political or religious extremism, pornographic, or violent events.
The organizer shall not use the BOOM Shiva Events and Entertainments-Services to upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; The organizer shall not use the BOOM Shiva Events and Entertainments-Services to harm minors in any way; The organizer shall not impersonate any person or entity, including, but not limited to, an BOOM Shiva Events and Entertainments representative, forum leader, or falsely state or otherwise misrepresent its affiliation with a person or entity; The organizer shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service.
Furthermor, BOOM Shiva Events and Entertainments has the exclusive right to cancel this agreement regarding the provision of BOOM Shiva Events and Entertainments-Services in case of an important reason. In particular such an important reasons shall exist, if the organizer has contravened against important provisions of these terms; or the organizer has filed for bankruptcy, insolvency proceedings have been started or the start of the insolvency proceedings has been dismissed in default of assets; or circumstances occur that the organizer can not fulfill his contractual obligations against BOOM Shiva Events and Entertainments or third parties in default of assets, and in addition the organizer gives no proof of sufficient assets within 30 days after request by BOOM Shiva Events and Entertainments to do so.
If you desire to cancel your services, please email 30 days before expiry of the service. There is no cancellation fee. Once your account is cancelled, your Content may not be recovered. There will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.
Ticket Buyer Terms
The price payable for the tickets is as set out on our web site.
Tickets will normally be available for collection at a designated location prior to the event, in which case you must collect the tickets from the address at the time advised, and provide proof of ID. Under some circumstances events may decide to distribute tickets via post or other methods, in which case only the card billing address supplied will be used for dispatch.
Once you have received your tickets, you should check them and you must inform us of any errors within two working days, or before the event, whichever is sooner. The event organizer, the venue where the event is organized reserve the right to refuse admission to you; request latecomers to await admission to the event until a convenient break in the event, refuse re-admission to those leaving during the event; and request that you leave the event; make alterations to the advertised details of the event (including Principals) and make alterations to the script or the content of any particular event at any time up to and including and during the event.
If, at any time during the event it is cancelled, postponed, suspended or delayed for any reason, BOOM Shiva Events and Entertainments will not make any refunds nor will they be liable for any loss caused by such cancellation, postponement, suspension or delay.
It is your responsibility to ascertain whether an event has been cancelled and the date and time of any rearranged event. If an event is cancelled or rescheduled, we will use reasonable endeavours to notify ticket holders of the cancellation once we have received the relevant authorisation from the Event Organiser. We do not guarantee that ticket holders will be informed of such cancellation before the date of the event.
Tickets are issued subject to the Rules and Regulations of the venue or Event Organiser. Full details are available from the Event Organisers. Breach of any of these Rules and Regulations or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle the venue or Event Organiser to eject you from the venue. The Event Organisers may on occasions have to conduct security searches to ensure the safety of the patrons. We will not be responsible for any tickets that are lost or stolen.
The venue, Event Organiser and BOOM Shiva Events and Entertainments accept no responsibility for loss of any personal property.
Tickets may be restricted to a maximum number per person, per credit card and, for some events, a restriction may apply per household. We reserve the right to cancel tickets without prior notice purchased in excess of this number.
Advertising Material BOOM Shiva Events and Entertainments would not be held liable for any inappropriateness of the advertisement contents due to the dynamic nature of web, invisible/hidden contents, error, omission or inaccuracy in printed or digital form. BOOM Shiva Events and Entertainments reserves the right to remove and/or reposition the advertising material.
Intellectual Property Rights
You agree that BOOM Shiva Events and Entertainments owns all rights to the code, databases, visual-design and layout of the Service.
BOOM Shiva Events and Entertainments claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
You may not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service.
You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of BOOM Shiva Events and Entertainments .
You may not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the prior written permission of BOOM Shiva Events and Entertainments .