Terms of use of Website and Service

These Terms and Conditions form a valid and binding electronic contract under the Information Technology Act of 2000 read with Rules framed thereunder, by and between Gigstart Entertainment Pvt. Ltd. (hereinafter referred to as “Gigstart”) having its place of business at 202, Commerce Centre, B-27, Andheri (w), Mumbai 400053, and the Member/User (as defined later). These Terms and Conditions govern: (i) use and access of the Site (as defined below) under Part–A, (ii) as well as the provisions of services under Part–B, and (iii) and general relationship under Part–C.

1 Scope

1.1 www.gigstart.com, including all sub–domains and mobile apps thereof (collectively, hereinafter called the “Site”) is owned and operated by Gigstart. The Site provides online booking and promotional tools and platform for artists, performers, musicians, agents, talent (referred to as “Talent”), and event planners and entertainment/performance buyers of all types (referred to as “Client”). In these Terms and Conditions, the words “you”, “your”, “Member” and “User” refers to any person accessing or using the Site (which may imply either a Talent or a Client, as the case may be), and the words “we”, “us”, and “our” refers to Gigstart.

Part–A: Terms of Use

2. Modification of Terms and Conditions.

Gigstart may make changes made to the Terms and Conditions. The revised Terms and Conditions shall be made available on the Site. Your use of the Site is subject to the most current version of the Terms and Conditions made available on the Site at the time of such use. You are requested to regularly visit the home page www.gigstart.com to view the most current Terms and Conditions. Your continued use of the Site, following changes to the Terms and Conditions, will constitute your acceptance of those changes.

3. Under age user policy.

In order to use Gigstart, you must be at least 18 years of age, or the legal age to form a binding contract in your jurisdiction, if that age is greater than 18 years of age. Individuals who are under the age of 18 or the legal age to form a binding contract in their jurisdiction (herein after the “Minors”) are prohibited from registering for and/or booking talent on this Site. A legal guardian of a Minor may create a profile for a Minor, and must specify so at the time of registration. However, the legal guardian shall be solely responsible for everything done with that user account. You represent that the information You provide about Yourself, as requested in any account registration form on Gigstart, is accurate and complete.

4. Reserved Rights.

Without limitation to all other rights, we expressly reserve the right at any time to:

4.1 Modify these Terms and Conditions;

4.2 Change the Site, including eliminating or discontinuing any content on or feature of the Site, and/or adding new features, categories, business models, offerings;

4.3 Terminate the membership/user account of any Member that does not comply with these Terms and Conditions;

4.4 Modify fee structure or charges for using the Site or its services.

5. Online Conduct.

At all times when using or accessing this Site, you agree that:

5.1 You are solely responsible for the content or information you publish or display (hereinafter, the “Post”) on the Site or transmit to other Members.

5.2 Not to:

5.2.1 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
5.2.2 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
5.2.3 upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer's
5.2.4 download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.

5.3 You will not falsify your identity, misrepresent yourself or cause any misleading information to be entered in any way on the Site or in your Gigstart Profile.

5.4 You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Site.

5.5 You will not transmit any chain letters, spam or junk email to other Members or to Us.

5.6 You will not express or imply that any statements you make are endorsed by Us, without our specific prior written consent.

5.7 You will not harvest or collect personal information about other Members whether or not for commercial purposes, without our written consent.

5.8 You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

5.9 You will not post, email or otherwise transmit any material that contains software viruses or malware.

5.10 You hereby grant Gigstart permission to add content to Your user profile at its sole discretion, by uploading content found on the website link that you post as your “Official Website” or “public profile” in order to increase the quality or presentation of your Profile.

5.11 You will not modify, adapt, sub–license, translate, sell, reverse engineer, decipher, de–compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.

5.12 You are solely responsible for your interactions with other Members. Gigstart reserves the right, but has no obligation to monitor disputes between you and other Members.

5.13 If the Site provides review options, you will not, for any reason, directly or indirectly submit reviews to a Profile with which you are affiliated. Reviews shall only be posted by actual clients who had booked you. You may dispute any review you feel to be fraudulent, but the removal of reviews is solely at Our discretion. Also, writing reviews for Your competitors with the intent of affecting their reputation will result in immediate termination of Your User account without any refunds.

5.14 You will not re–sell or re–offer any lead you receive through Gigstart to another Talent and/or Client (as the case may be), nor will you re–offer or post to any website any lead you receive through your relationship with this Site. Failure to comply with these provisions outlined above may result in immediate suspension or termination of your right to use the Site. Gigstart reserves the right, in its sole discretion and in all instances, to determine whether a Member/User has or has not complied with any provision contained in these Terms.

6. Registration and Membership of Users.

6.1 While you can without registering, visit our Site, to post information on our Site, and to obtain access to certain other materials or information from our Site, You may be required to become a registered user to access certain information. You agree to provide us with accurate, complete, and updated information required by the registration form (“Registration Data”). Information provided to Us by you in connection with registering at our Site will be protected by Us in accordance with the terms of our Privacy Policy.

6.2 When you register at our Site, you will create a password and a user id, which will provide you access to certain services and materials available through the Site unless revoked by Us for any reason. You agree not to disclose your user id and password to any third party. You agree to be responsible for and to indemnify, defend and hold Gigstart, and its officers, directors, employees, agents, licensors, and suppliers, harmless from any injury, loss or damage we incur on account of any unauthorized use of your login name or password.

7. Links To Other Web Sites And Services.

Gigstart does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Unless stated otherwise, Gigstart does not endorse, sanction, or verify sites to which our Site links, and we provide these links merely for our Users’ convenience. Access to such other sites is at your own risk, and We disclaim all liability with regard to Your access to such linked web sites. In addition, We do not endorse, sanction, or verify sites that link to this Site, even if any logo or mark of Gigstart is used as part of the link to this Site.

Part B– Terms of Service

8. Talent’s Services

8.1 Any Talent who registers, uses or takes the assistance of the Site (or its operator) to sell his talent, skill, performance or art (whether for a fee or without consideration), such Talent agrees to the following deliverables (without prejudicing or derogating from any of the general obligations under Part–A):

8.1.1 Talent shall provide the relevant information including photos and videos as required by Gigstart for featuring the Talent on the Site.
8.1.2 Upon receiving a request for quote, Talent shall provide the fees quote to Gigstart for the event.
8.1.3 Talent shall coordinate with Gigstart for finalizing the terms for providing the services required by Client.

8.2 Talent agrees to participate in all promotional activities of Gigstart for which the Talent shall be given prior notice. Talent agrees that Gigstart shall have the right to use its name, likeness and other material including photos and videos for promoting its Site and services. Talent shall promote Gigstart through its own online properties and links.

8.3 Talent represents and warrants that he:

8.3.1. shall make himself available for any events booked through Gigstart for the duration agreed with the Client and shall provide the services as agreed with the Client diligently.
8.3.2. shall not infringe or misuse the intellectual property rights of third party.
8.3.3. shall abide with all the rules and regulations related to the venue of his performance.
8.3.4. shall not insult, hurt the sentiments of any party or use abusive language venue of his performance.
8.3.5. acknowledges the Site or service does not guarantee the furtherance his careers, help him financially or otherwise produce income.
9. Talent represented by Agency

Where the Talent is being represented by an agency then agency shall ensure that they have the authorization required from Talent for fulfilling the obligations as mentioned in these Terms of Use and Service. Agency shall comply with all the provisions of these Terms of Use and Service and agency and Talent shall be jointly and severally responsible for any default in compliance. Gigstart reserves the right to demand the agency to produce such authorization and upon agency’s failure to produce the authorization, Gigstart reserves the right to remove such Talent profile from Website in addition to any other remedy provided in these terms or legally available to Gigstart.

10. Gigstart’s Fee

10.1 Client and Talent agree that Gigstart shall be entitled to 10% of the total amount being paid to the Talent for any event booked through Gigstart, as its service charge. Gigstart is entitled to deduct this service charge from any amount paid in advance by Client/event organisers to the Talent. Talent agrees that it is solely liable for the amount payable to Gigstart as service charge and that the service charge shall be deducted from any amount payable to the Talent.

10.2 Users agree that Gigstart’s service charges become due upon a booking being made, and the same is not subject to any refund under any circumstances whatsoever (even if the event/performance stands cancelled due to any reason).

10.3 All payments made to the Talent post confirmation of the booking shall be inclusive of all applicable taxes unless otherwise agreed in writing and shall be paid after deduction of tax at source / withholding taxes.

11. Licenses and Statutory Compliances

11.1 Users agree that the Client shall be responsible for obtaining all licenses, permits, consents and approvals for hosting the event/performance, and shall be responsible for all statutory compliances related to the event at its cost. If due to any circumstance, Gigstart is compelled or obliged to bear any statutory, regulatory, industry–association, trade–body, etc. imposed royalty, levy, commission, charge, etc. of whatsoever reason, the same shall be additionally reimbursed and indemnified by the Client on demand by Gigstart.

11.2 Users agree that Gigstart is only a platform for bringing together the Talent and Client and is not involved with the actual organization and hosting of the event or performance, which is the sole responsibility of the Client. Gigstart is not liable for any defaults for non–compliance with statutory rules and regulations applicable on the event.

12. Cancellation Policy

12.1 Unless otherwise agreed with the Client, upon cancellation of an event booked by using the Gigstart Site, Members / Users agree to the following terms:

12.1.1. If the Client cancels the event at–least thirty days prior to the agreed date of performance, then Talent shall refund the entire amount received subject to deduction of 50% of the total booking amount as Talent’s cancellation charges. Client agrees to bear the cancellation charges. Gigstart’s service charge shall continue remaining non–refundable (in addition to Talent’s cancellation charge).
12.1.2. If the Client cancels the event within thirty days of the agreed date of performance for any reason whatsoever, then the entire advance paid by the Client shall stand forfeited and will not be refunded.
12.1.3. If the Talent cancels the booking at any–time for any reason, then Talent shall refund the entire amount received in advance for the performance. However, Client shall be entitled to refund of such advance amount paid after deduction of Gigstart’s service charge.
12.1.4. To reiterate, in no event of cancellation will Gigstart be liable to refund its service charge.
13. Non – Solicitation.

Users agree that they shall not exclude Gigstart and directly enter in to / laise with / solicit engagement from other Users who have been referred through / first contacted through or placed a request for quote through Gigstart’s Site. Users agrees that if the Client utilizes the services of a Talent whose referral was through Gigstart’s Site, within a period of nine months from the date of referral then in addition to other legal remedies, Gigstart shall be entitled to its service charge of 10%. Client and Talent agreed to be jointly and severally responsible for this promise and covenant. Without prejudice to the foregoing, it is the reasonable expectation of Gigstart that a Talent and a Client continue to route their future relationships through Gigstart.

Part C– General Terms

14. Disclaimer.

14.1 The contents of our Site, and the Site as a whole, is intended strictly for the purposes of: (i) providing a forum for performers, speakers, bands, vendors, musicians and other talent to post information about themselves, and (ii) facilitating the booking of such talent for engagements (collectively, “Permitted Uses”). You represent and warrant that you understand, and agree, that Gigstart is not, will not be, and will not in any way be construed to be a party to any contract or agreement between any Users of this Site regarding the provisions of services at any event or engagement. While we do believe that Gigstart Members will achieve some amount of exposure from a listing on the Site, we do not guarantee in any way that the use of the Site will produce paying clients for our members.

14.2 We do not represent or guarantee that this Site will further the careers of our Members, help them financially or otherwise produce income. Failure to receive the outcome you expected does not warrant a refund of payment. Furthermore, Gigstart does not take responsibility for the content of any Member profile, or Member services offered on any profile. Concerns regarding any such service, resource, or link posted or offered by a Member should be directed to the particular Member.

14.3 Gigstart does not endorse, sanction, or verify Members on this website. Contacting these Members, whether through our services or separately is at your own risk, and we disclaim all liability with regard to your dealings with any Member listed on this Site.

14.4 Most importantly, Client and Talent acknowledge that Gigstart is not involved in the actual performance or the governance of the relationship between them, and any disputes, fights, disagreements or any nature of claim between them shall at all times be without any reference to, or any liability on, Gigstart.

15. Intellectual Property Rights

15.1 Site Content Ownership. Unless otherwise noted, all copyrighted works, trademarks, service marks, trade dress, or other intellectual properties vested in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or and other materials on the Site (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by Gigstart. The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by Gigstart. Unless otherwise noted, by using a third party’s trademark or trade name on this Site, Gigstart does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and Gigstart hereby expressly disclaims any such affiliation or endorsement. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents or the Site.

15.2 License to Submissions. With respect to any photographs, designs, images, video clips, sound clips, or other media files you may provide to Gigstart for posting on your Profile (collectively, “Submissions”), such Submissions shall remain Your property. You hereby unconditionally grant to Gigstart a non–exclusive, irrevocable and royalty–free license to use, reproduce, publicly perform and publicly display, the Submissions solely in connection with the site. Gigstart does not endorse, sanction or verify, and specifically disclaims responsibility or liability for any User profiles. You represent, warrant and agree (i) that You are authorized to submit the Submissions You provide to Us and to license the same to Us as set forth above; and (ii) that all Submissions submitted by You to the Site does not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any content you provide, as Gigstart shall have no obligation to return any content to you should it become damaged or lost.

15.3 License related to Performance. Users agree that Gigstart shall have the a non–exclusive, irrevocable and royalty–free license and right to use, reproduce, display, exhibit or otherwise utilise imagery, photographs and limited portions of video recordings of the performances/events performed by the Talent under a Client booking. This license to such materials shall be used by Gigstart for limited and reasonable purposes of its promotional and advertorial activities, and may also be displayed through Gigstart’s archives, brochures, digital properties and Site.

16. Jurisdiction.

These Terms and Conditions shall be governed by the laws of India, and courts at Mumbai shall and exclusive jurisdiction to adjudicate upon any dispute under, or interpretation of this, electronic contract.

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