Introduction

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This web site (collectively, the “Site”) makes available information on the events, conferences, exhibitions experiential and culture marketing, film production (each a “service”) executed, managed, or owned by Hyperlink Brand Solutions Pvt. Ltd. and/or its subsidiaries and affiliates (collectively, “HYPL”).

The terms and conditions set out below (“Conditions”) apply to your use of the Site including the use of the information services offered on the Site.

In accessing, using, viewing, transmitting, caching, or storing this Site or any of its services, functions, materials, or contents, you shall be deemed to have agreed to each and all the Conditions and notices in this Site without modification. Further, you agree to be bound by these Conditions so please carefully read this section before proceeding. If you do not accept these Conditions, you must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.

1. Site

The Site makes available information relating to the events, exhibitions, conferences, executed or managed by Hyperlink Brand Solutions Pvt. Ltd., a company duly constituted under the Companies Act, 2013, and its subsidiaries, controlled entities, affiliates, and related parties belonging to HYPL or being operated or managed by HYPL.

2. Trademarks

The Site contains the name, trade and service marks, logos, devices of “HYPL”, “Hyperlink”, and other valuable trade and service marks owned by HYPL or licensed to HYPL to distinguish its services and products (collectively referred to as “HYPL Intellectual Property”). HYPL Intellectual Property is protected from copying and simulation under national and international laws and may not be reproduced, copied or otherwise used in any manner whatsoever, on any material whether tangible or intangible, without the express prior written permission and consent of HYPL. Without limitation, you must not use any of the said trade or service marks, either alone or in conjunction or combination or variation with other trade and service marks, logos, and devices:

• In or as the whole or part of your own trademarks;
• In connection with activities, products or services which are not undertaken or provided by HYPL;
• In a manner which may be confusing, misleading, or deceptive; or
• In a manner that disparages HYPL or its information, products or services (including the Site).

Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the trademarks without the written permission of HYPL or such other party that may own the trademarks.

The image rights in question shall be related to the minimum of the quadrant results arising of the limited info risen by the client in respect of the GADGETS and other instruments. Granting of rights and different electricals will result in commercialisation of the tools which are disposable at the hands of the computers. Top incredible interpreters have the hang of what goes on. What happens in the solution oriented environment.

3. Copyright

The Site, including each of its modules, is the copyrighted property, text, information of Hyperlink including each of its modules, is the copyrighted property of HYPL and/or its various third party providers and distributors. The information, text, graphics, images, photographs, videos, sounds, links and all other information and software published or otherwise contained in the Site (“Information”) are either owned exclusively by HYPL and/or licensed by HYPL and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of HYPL.

Without limitation you may not, without such approval from HYPL, create derivative works from any part of the Site or commercialise any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party. Unauthorized use of the Site and/or the materials contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.

Without limitation to such approval, no derivative work from any part of the site or commercialise any information, products or services obtained from any part of the site. Information procured from a third party may be the subject of copyright owned by that third party. Unauthorised use of the site and/or materials

4. Your use

The Site is for your personal non‐commercial use and the Information may be downloaded or printed by you solely for that purpose. You may only use the Site if you are at least 18 (eighteen) years of age and can enter into binding contracts (the Site is not available for use by minors). You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the Site by you and anyone using your password and login information. The right to use the Information is a license only, not a transfer of title, and is subject to the following restrictions:

• The information may not be used for any commercial purpose or public display, performance, sale or rental;
• No copyright or other proprietary notices may be removed:
• The information may not be transferred to another person;
• Software may not be interfered with in any manner;
• Every person downloading, reproducing or otherwise using the Information must prevent any unauthorized copying of the Information;
• You will only use the information for lawful purposes and in accordance with these Conditions.

In addition, you agree that you will not use robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior written consent of HYPL (such content is deemed given for standard search engine technology employed by internet search web sites to direct internet users to the Site).

5. Information

HYPL strives to ensure that the information is accurate and reliable. You accept that all Information provided on the Site, or any other material accessed through the Site including via any Linked Web Site (refer Condition 8) is general information and is not in the nature of advice.

You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon Information and the Site or any other material accessed through the Site including via any Linked Web Site.

Whilst HYPL seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, HYPL does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Web Site, including without limitation, as to merchantability, non‐infringement of intellectual property rights or fitness for purpose.

In particular HYPL does not warrant that:

• The Information or any other material accessed through the Site including via any Linked Web Site is reliable, accurate or complete including, without limitation, information relating to prices and availability; or
• Your access to Information or any other material accessed through the Site including via any Linked Web Site will be uninterrupted, timely or secure.

HYPL is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information, or any other material accessed through the Site including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.

HYPL does not guarantee that the Site will operate continuously or without interruption or be error free. HYPL may suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.

6. Liability Disclaimer & Exclusion

In no event shall HYPL be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:

• Your use of the Site or any Linked Web Site; or
• Your use of or reliance on Information or any other material accessed through the Site including via any Linked Web Site including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information.

These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.

Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of any such warranty, term or condition, then the liability of HYPL shall include liability for any breach of such warranty, term or condition but, to the extent permitted by law, the remedy for such breach will be limited as follows:

• If the breach related to services, the remedy will be limited to the supply of the services again or payment of the cost of having the services supplied again; and
• If the breach related to products and the products can be repaired the remedy will be limited to repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.

The limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis even if we have been advised of the possibility of such damage.

If you are dissatisfied with the use of the Site, or any of the products, services, members, suppliers and/ or buyer offered in connection therewith or associated therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the Site.

7. Specific Warnings

You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you.

You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, corrupted data, worms, other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed, or be subjected to malicious computer code, computer program routine or process or other forms of interference which may damage your computer system. Without limitation, you are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, HYPL does not accept responsibility for any interference or damage to your computer system which arises in connection with your use of the Site or any Linked Web Site.

HYPL does not guarantee or warrant that any material available for downloading from the Site or any Linked Web Site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.

You must ensure that any information which you provide to HYPL is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of HYPL or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any HYPL system, data or information.

8. Linked Websites

The Site may contain links to other web sites (“Linked Web Sites”). Those links are provided for convenience only. HYPL provides such links solely as a convenience to you and for information purposes only. HYPL has not reviewed all of the information on these other websites.

You acknowledge and agree that HYPL does not have any control over the content or availability of Linked Web Sites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Web Sites.

Links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by HYPL of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and then only to the extent expressly stipulated to the contrary. If you decide to access the Linked Web Sites, you do so at your own risk.

9. Payment

While availing any of the payment method/s available on the Site, HYPL 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.

All payments made against the purchases/services on Site by you shall be in a currency acceptable in the Republic of India. Site will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Site.

Further:

Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between You and HYPL and payment facility is merely used by You and HYPL to facilitate the completion of the Transaction. Use of the payment facility shall not render HYPL liable or responsible for the non‐delivery, non‐receipt, non‐payment, damage, breach of representations and warranties, or fraud as regards the products and /or services provided by HYPL and/or mentioned on the Site.

Your relationship with HYPL is on a principal to principal basis and by accepting these Terms of Use you agree that HYPL is an independent contractor for all purposes and does not have control of or liability for the products or services that are mentioned on the Site and/or provided by HYPL and that are paid for by using the Payment Facility. HYPL does not guarantee the identity of any User.

You understand, accept and agree that the payment facility provided by HYPL is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the Transactions on the Site using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, HYPL is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility:

You, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with HYPL to purchase the products and /or services from HYPL using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to HYPL using Payment Facility.

You may agree that through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

You shall electronically notify Payment Facility using the appropriate Site features immediately upon Delivery or non‐ Delivery within the time period as provided in Policies. Non notification by You of Delivery or non‐ Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.

You shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery of the products and/or the Services within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Site features within the stipulated time than this would make You ineligible for a refund.

You understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.

You understand and agree that you may be charged certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax and other service charges may vary depending on the Payment Method used.

Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees. You agree that if the payment is made in a foreign currency, the refund shall be made in Indian Rupees and shall be made as per the exchange rates prevalent at the time of refund.

For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI) within a period of 5 – 7 business days.

Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.

Refund shall be conditional and shall be with recourse available to HYPL in case of any misuse by You.

HYPL may also request you for additional documents for verification.

Refund shall be subject to You complying with Policies.

HYPL reserves the right to impose limits on the number of Transactions or Transaction Price which HYPL may receive from on an individual/Organization Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

HYPL reserves the right to refuse to process Transactions if there is any breach of any agreements by You with HYPL or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy. HYPL may delay notifying the payment confirmation, if HYPL deems a transaction of being suspicious and/or if there is a high transaction volume to ensure safety of the Transaction and Transaction Price.

You agree and acknowledge that HYPL will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of HYPL.

All valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed between You and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to You. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between You and the respective Issuing Bank.

10. Card Association Rules

" Card Payment Network Rules " refer to the written rules, regulations, releases, guidelines, processes, interpretations and other requirements (whether contractual or otherwise) imposed and adopted by the card payment networks. These card payment networks have infrastructure and processes to enable transaction authorisation. The card payment networks require You to comply with all applicable guidelines, rules, and regulations formulated by them.

The card payment networks reserve the right to amend their guidelines, rules and regulations. HYPL may be required to amend, modify or change these Terms pursuant to amendments to the Card Payment Network Rules and such amendments, if any, shall be deemed to be binding on You with immediate effect.

You agree to fully comply with all programs, guidelines, requirements that may be published and/ or mandated by the card payment networks. Notwithstanding our assistance in understanding the Card Payment Network Rules, You expressly acknowledge and agree that You are assuming the risk of compliance with all provisions of the Card Payment Network Rules, regardless of whether You are aware of or have access to those provisions. MasterCard, Visa, Diners, RuPay and American Express make excerpts of their respective rules available on their internet sites.

In the event that Your non‐compliance of Card Payment Network Rules, results in any fines, penalties or other amounts being levied on or demanded of us by a card payment network, then without prejudice to our other rights hereunder, You shall forthwith reimburse us in an amount equal to the fines, penalties or other amount so levied or demanded or spent by us in any manner in relation to such fines, penalties and levies.

11. Termination of Access

If you breach any of these Conditions your license to use the Site will terminate immediately without the necessity of any notice being given to you. Otherwise access to the Site may be terminated at any time by HYPL without notice. The provisions of these Conditions excluding, limiting and disclaiming the liability of HYPL will nevertheless survive any such termination.

12. Indemnification

You agree to indemnify and defend and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. HYPL’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

13. Privacy

HYPL respects the privacy of the users of this Site. Your use of the Site is subject to HYPL Privacy Policy. If you would like to view the privacy practices, please review our Privacy Policy available on the Site. By using our site, you consent to your personal information being processed as set out in our Privacy Policy.

14. Governing Law

These conditions shall be governed by and construed in accordance with the laws of India.

15. Arbitration

“Any dispute arising out of or in connection with these Conditions, the Site and/or the subject matter or any agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Mumbai. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The law governing this arbitration agreement shall be law of India.”

16. Jurisdiction

Exclusive jurisdiction of the Courts in Mumbai.

17. Return to Site

To return to the Site, click where indicated. By doing so, you acknowledge that you read, understood and accepted these Conditions.

18. Miscellaneous

1. Survival – If any provision or provisions of these conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
2. Changes to Terms of Use and Assignment – HYPL may, from time to time, change these conditions. In case of material changes we will notify you at least one month before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
3. Electronic Communications – HYPL will send You information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.