Party Tonight Terms Of Use
Last Updated: 16/12/2024
Please read these Terms of Use ("Terms") carefully as they set out the basis on which you are allowed to use the mobile software application (the “App”) or the websites (together with the App, collectively the “Services”) offered by party tonight (“we”, “us” or “our”). If you have any questions about them or do not accept them, please contact us at mail.partytonight@gmail.com before registering with the Services. We may change these Terms of Use from time to time so please check our App or website at [www.partytonight.app] from time to time for any updates to them to ensure that you are happy with any changes. Your continued use of any part of the Services following any update to these Terms of Use will constitute your acceptance of those changes.
1. ABOUT US
Party Tonight is a registered partnership operating as a single entity and is the data controller responsible for the website (www.partytonight.app) and mobile application. we, us or our in these Terms of Use, we are referring to the party tonight.
2. OVERVIEW
Your access to and use of the Services is subject to your acceptance and compliance with these Terms of Use. You cannot access or use the Services without accepting these Terms of Use, and Privacy Policy(which is incorporated into these Terms of Use by this reference).
It is clarified that terms and conditions specific to an event in respect of which Party Tonight has facilitated sale of tickets by use of the Services (“Event”) shall be published on the relevant Event page accessible through use of the Services. Party Tonight publishes such information as provided by and on behalf of the Event Partners associated with such Event. In the event of any conflict between the Event-related terms and conditions, and these Terms of Use, you agree that the Event-related terms and conditions shall prevail and be binding on you at all times.
3. GENERAL SERVICE DESCRIPTION
These Terms of Use deal with your access to the Services. The Services enable you to acquire tickets for the Events, providing you with entry into venues and other establishments. We make available tickets on behalf of third party Event Partners who are not connected in any way with Party Tonight. When you purchase a ticket you obtain a right to attend the Event as granted by the Event Partner, as further described in our Purchase Terms. The third party Event Partners are responsible to you for the relevant Events, and we are not liable for the Event or any actions or inactions of the Event Partners.
The Services allow you to register an account which is specific to you. To provide you with access to the Services, we must collect, process and store certain data including, at times, your personal data, which we will do in accordance with these Terms of Use and our Privacy Policy.
The Services will also provide you with gig, competition, product, and event recommendations based on your preferences, musical tastes, purchase history and what people like you are going to. These recommendations will be shown to you via the Discovery page in the App. You can also buy tickets and products, or share event, music, or product and recommendations with your friends on social media such as Facebook.
We may, from time to time, update the Services to provide additional functionality or services to you, or to carry out any maintenance or upgrades to existing functionality.
Tickets purchased through the Services will be subject to our Purchase Terms, and any additional terms and conditions provided to you by the Event Partner(s) and the venue of the Event. Entry to an Event will be in accordance with the rules and regulations of the Event Partner(s) and venue of the Event.
4. COPYRIGHT
The entire content included on the Services, including but not limited to text, graphics or code is copyrighted as a collective work under the Indian and all other copyright laws of the world, and is the sole property of Party Tonight or is appropriately licensed by Party Tonight from the relevant owners thereof.
5. TRADEMARKS
All trademarks, service marks and trade names of 'Party Tonight' used on Services are trademarks or registered trademarks of Party Tonight.
6. LIABILITY
These Terms of Use do not exclude our liability (if any) to you for:
- personal injury or death resulting from our negligence;
- fraud; or
- any matter which it would be illegal for us to exclude or restrict or to attempt to exclude or restrict our liability.
We can’t guarantee that the Services will be:
- compatible with any or all of your mobile devices or any software which you may use on your device;
- available all the time or at any specific time; or
- completely accurate and up to date, although we try.
If we fail to comply with our Terms of Use, Purchase Terms or Privacy Policy, or otherwise cause you loss due to our action or inaction (for example, due to our negligence) we are only responsible for loss or damage you suffer that is a direct and foreseeable result of our breach of those terms or our action or inaction, and we are not responsible for any loss or damage that is not directly foreseeable, or not our fault. We have no liability to you for any indirect loss or for any loss of profit, loss of revenue, loss of business, loss of goodwill, reputational damage or loss, business interruption or loss of data you may suffer in connection with your use of the Services or any materials available through the Services, or any related services provided by us. As mentioned in Clause 3.1, we are not responsible for the Events or the actions or inactions of the Event Partners, and we hereby disclaim all liability in relation thereto. Furthermore, we are not responsible for any losses that you suffer as a result of malfunctioning or failure of your device, or errors, delays or interruptions in the operation of the Services, or for anything which is beyond our reasonable control.
8. USER CONDUCT
You can use the Services for your own personal use, and agree not to use it for any purpose prohibited by these Terms of Use. You are solely responsible for all your activities in connection with the Services.
You will need to register an account in order to purchase a ticket or other item, or to access certain features (such as the waiting list feature). When registering an account, you will be required to provide your name, mobile number and email address. Any tickets you purchase via the Services will be issued to your name as shown in your account details. You agree to provide us with accurate and up-to-date information as requested when registering your account, and you agree to update your details promptly if there are any changes.
In order to use certain aspects and features of the Services, you must have a compatible mobile device, access to the internet, mobile messaging and data services. Fees and charges may apply to your use of the internet or mobile messaging services. You agree that you are responsible for any such fees or charges where these apply.
You also agree that:
- you will not interfere or attempt to interfere with the proper functioning of the Services or disrupt the operations or breach the security of the Services;
- you will not reproduce, duplicate, copy, sell, resell, remove, modify or exploit the Services or their content or its software in any way;
- you will not use software, devices, or other manual or automated processes to access any portion of the Services, including but not limited to use of any scripts or web crawlers; and
- you will not use the Services in any way that is fraudulent or illegal.
As covered under Clause 4 and 5, the Services and their contents are protected by intellectual property rights which either belong to us or are licensed to us to use. You may not copy or use them without our consent in writing.
We reserve the right to cancel any transaction or remove, suspend, edit or modify your access to the Services at our discretion if we have reason to believe you have used the Services in contravention of these Terms of Use. Any and all ticket(s) purchased as part of such transaction will be void.
If you or any third party is aware of any breach of these terms of use which could potentially damage or infringe our property, protectable rights or interests, you should immediately contact Party Tonight via email at mail.partytonight@gmail.com with details of the alleged infringement.
9. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Party Tonight (including its directors, employees, officers, affiliates, consultants and agents) (each an “Indemnified Party”) 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 Indemnified Parties that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you, pursuant to these Terms of Use, or any acts committed by third parties not authorised by us, or in relation to any third party claims raised against Indemnified Parties in relation to the foregoing.
10. CLOSING YOUR Party Tonight ACCOUNT
These Terms of Use commence from the date that you access and or use the Services until the time that these Terms of Use with us are terminated. There is no minimum time period of when these Terms of Use will be in effect.
You can uninstall the App at any time, using the functionality within the App or your mobile device. Please note though that deleting the App will not automatically result in the closure of your account. To close your account, please email us at mail.partytonight@gmail.com.
We reserve the right to suspend or terminate your account, terminate these Terms of Use, or remove, suspend, edit or modify the Services at any time and at our convenience without any prior notice to you.
11. THIRD-PARTY CONTENT AND SERVICES
The Services may integrate with social networking platforms (such as Facebook), music streaming platforms (such as Spotify) and other third party applications. Your use of any integrated applications will be subject to those third party's terms of use and their privacy policies.
When you access third party websites or applications from the Services you do so at your own risk. Any third party websites or applications are outside of our control, and we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or applications.
Sometimes Party Tonight may request additional permissions related to the settings on your mobile device, such as accessing your location or enabling push notifications in order to carry out certain actions or allow you to enjoy certain features. If you choose not to give us the necessary permissions then you may not be able to access all the features and functions of the Services.
12. GRIEVANCE REDRESSAL
12.1 Content
In accordance with the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, any grievances which you may have with respect to the information shared by you during use of the Services hereunder and its treatment, may be directed by you to the customer support of the Services. You may contact Party Tonight customer support by sending an email to mail.partytonight@gmail.com.
Your complaint shall be acknowledged within 24 (twenty-four) hours and disposed of within 15 (fifteen) days from the date of receipt of complaint. If your complaint pertains to any material which exposes the private area, shows full nudity, depicts sexual acts or is in the nature of impersonation, the complaint shall be resolved within 24 (twenty-four) hours from receipt of complaint.
12.2 Customer Experience
If you have any complaint about the Services, you should contact our customer services department at the following email: mail.partytonight@gmail.com and we will try and resolve it as soon as possible.
13. GENERAL
These Terms of Use shall be governed by and constructed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.
Grievance Officer Contact Details:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Email: support@partytonight.com
Changes to this Terms Of Use:
We may update this Terms Of Use from time to time. Any changes will be communicated to user via email or through our website. It is recommended that users review this Terms Of Use periodically for any updates.
By continuing to use Party Tonight Platform, you consent to the terms of this Terms Of Use.