Terms & Conditions
1. Access to the Services
Subject to the terms and conditions of this Agreement, Whistlepodu may offer to provide certain services, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"), solely for User's own use, and not for the use or benefit of any third party. Whistlepodu may change, suspend or discontinue the Services at any time, including the availability of any feature, or content. Whistlepodu may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Whistlepodu reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified. User certifies to Whistlepodu that if User is an individual (i.e., not a corporation) User is at least 18 years of age and able to legally enter into contracts. User also certifies that it is legally permitted to use the Services and access the Site, is not barred by any applicable law and/or in breach of any law by using the services, agrees to these terms and conditions and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. User shall be responsible for obtaining and maintaining, at its own cost, any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Site Content
The Site (https://tickets.whistlepodu.com) and its contents may only be used in accordance with the terms of this Agreement and all applicable laws. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Site is protected by copyright as a collective work and/or compilation, pursuant to Indian copyright laws, international conventions, and other applicable copyright laws. Whistlepodu reserves the right, in its sole discretion with or without cause, at any point of time, to remove any content from the Site it deems to be in violation of any applicable laws. Users are encouraged to report any objectionable material or inappropriate behaviour to the Site Administrator immediately. If the Site Administrator receives report of any objectionable material and/or inappropriate behaviour on the part of a User, Whistlepodu has the right to remove such content immediately and prevent User’s access to the Site.
3. Description of Whistlepodu
Whistlepodu is an Online Event Registration service that allows you to create, publish and promote events online through the Web. Event Organizers (who agree to comply with and are bound by the Event Organizer Agreement) can register on the Whistlepodu website, fill out information on their event, and provide attendees with personalised tickets, both on free and/or chargeable basis. Event Organizers can collect payments from event registrants, through Whistlepodu. Payments are all transacted through PayPal and/or any other payment gateway approved by Whistlepodu, for currencies supported by Paypal and Whistlepodu's partner Gateway, for Indian Rupee denominated transactions. For more information, please see https://tickets.whistlepodu.com.
4. Ownership of Content
Whistlepodu does not have the ability to determine the actual owner of content created and/or uploaded to the Website by Event Organizers and/or an User Accordingly: In respect to content (such as websites, webpages and widgets) created and/or uploaded to the Website by a User / Event Organizer, the owner of such content shall be considered as the User / Event Organizer listed as the owner of the Whistlepodu account under which the content has been created or uploaded to the Website; Whistlepodu shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above. By using the Site and uploading content, User / Event Organizer represents and warrants that he/ they won’t upload content in a way that violates any applicable laws or regulations. User / Event Organizer also represents and warrants that by using the site, he/ they will not send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
5. Third Party Content
6. Online Sharing through Third Party Services
Whistlepodu enables you to share your creations and/or Submissions through third party websites, blogs or email systems. When sharing your creations through third party services, you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any and all of the services through which you are sharing your creation.
7. Third Party Services
You are fully aware of the fact that Whistlepodu shall not have any responsibility or liability with regard to any third party services used by you on or through your Whistlepodu formed web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the provision of technical ability to link to such services (such as the possibility of a 'PayPal' button), are provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Whistlepodu.
8. Fees and Payment
Some of the Services offered on the Website require payment of fees ("Charged Services" ). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Whistlepodu reserves the right to change its prices at any time. You authorize Whistlepodu directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Whistlepodu. All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Whistlepodu does not receive a request by the user, through the managed premium section under Whistlepodu website, for Charged Services termination, you acknowledge and understand that Whistlepodu will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services. Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Whistlepodu expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Whistlepodu user. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity under any applicable laws is expressly prohibited.
10. Warranty Disclaimer
Whistlepodu has no special relationship with or fiduciary duty to User. User acknowledges that Whistlepodu has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Whistlepodu from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Whistlepodu makes no representations concerning any content contained in or accessed through the Site, and Whistlepodu will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Whistlepodu will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Whistlepodu's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.
11. Registration and Security
As a condition to using certain Services, User may be required to register with Whistlepodu and select a password and User name ("Whistlepodu User ID"). User shall provide Whistlepodu with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as an Whistlepodu User ID a name of another person with the intent to impersonate that person; or (ii) use as an Whistlepodu User ID a name subject to any rights of a person other than User without appropriate authorization. Whistlepodu reserves the right to refuse registration of, or cancel an Whistlepodu User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Whistlepodu password.
User will indemnify and hold Whistlepodu, its parents, subsidiaries, affiliates, officers, directors, investors and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, any content uploaded by the User / event Organizer, any violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity or violation/ breach of any applicable laws and regulations.
13. Limitation of Liability
IN NO EVENT SHALL Whistlepodu BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
Either party may terminate the Services at any time by notifying the other party by any means. Whistlepodu may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if it deems appropriate for any reason whatsoever and/or if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Whistlepodu shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Whistlepodu's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Whistlepodu's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of India and the High Court of Judicature at Madras shall have exclusive jurisdiction with respect to any dispute arising out of this Agreement. Both parties agree that this Agreement, Whistlepodu's Privacy Statement, and other policies posted by Whistlepodu on the Site are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Whistlepodu in any respect whatsoever. Whistlepodu reserves its right to amend or add to these Terms & Conditions at any time as it deems fit.