Explara Terms of Service

Explara, a global online ticketing and registration platform enables people to use Explara for event promotion, sell of tickets and discover events, conferences across the globe and also to share the same with their known people. This page contains our Terms of Services which will govern the use of Explara services.

1. ACCEPTANCE OF EXPLARA TERMS OF SERVICES

1.1 Basic Definitions

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Explara Services. You are only authorized to use the Explara Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully before using this website. By using the Explara Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Explara site) or you are a "Member" (which means that you have registered with Explara). The term "User" refers to a Visitor or a Member. Kindly print these terms of use or save a copy of these terms of service for your records. If you do not agree with any of these terms, you cannot avail of any of the Explara Services and you should leave the Explara site immediately. If you wish to become a Member, communicate with other Members and make use of the Explara Services, you must read this Agreement and indicate your acceptance during the Registration process. The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of Explara, 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 Explara or chosen by the user or agreed upon by Explara. Therefore, only the authorized user has the right to access the services offered by Explara. Explara 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 Explara, 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 Explara on the internet/mobile through which the user may access information carried by Explara in the database maintained by it. You agree not to copy, sell, resell, duplicate any part of Explara's services & solutions for commercial purposes. These Terms of Service sets out the legally binding terms of your use of Explara and your membership in Explara and may be modified by Explara at any time and without prior notice, such modifications to be effective upon posting by Explara on the website. In the event of any inconsistency between our Privacy Policy and these Terms of Service, the Terms of Service shall prevail. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

1.2 Eligibility

Explara services are available to all individuals who are at least 18 years of age. By registering to use Explara services, you represent and warrant that you are at least 18 years of age. Explara has the right, in its sole discretion, to suspend or terminate your use of Explara services and refuse any and all current or future use of all or any portion of Explara's™ services.

1.3 Modification

Explara reserves the right to alter, modify , replace or remove part of the Terms & Conditions without giving any prior notice. It is your responsibility to check the Terms of Services periodically for updates.

1.4 Service

Explara 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 Explara event organizers ("Event Organizer"), registered event attendees ("Attendee") and participants in our various affiliate programs.

2. Event Organizer Terms

Explara offers organizers a web-based solution to organize events and meetings, to sell tickets or provide online Attendee Registration solutions via the Explara-Websites for events of the organizer to customers by using Explara to take on the payment process. In detail, Explara provides the following services to the organizer (each an "Explara-Service"). A web-based software through Explara-websites that allows event organizers to sell tickets to ticket buyer. The organizer has the option to create his/her own website for event ("event site") and to offer ticket sale. The ticket buyer can choose and buy tickets on the event site 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. Explara only acts as a service provider for the organizer of an event by order and for account of this organizer. It is the organizer's duty to advise and instruct the ticket buyers of their eventually existing right of objection according to the legal guidelines.

2.1 Payment and Fees

Explara products & services are available on the basis of transaction model.

2.2 Payment Processing Methods

Explara offers two types of payment processing option that an organizer can select while using explara services 1. Direct Payment Collection "DPC" facility and 2. Credit card/Debit card processing through Explara's trusted Payment gateway partners.

2.2.1 Direct Payment Collection DPC and Service Fee

When organizers select DPC, Buyer and Organizer are bound by the terms of use governing the DPC service as both the Buyer and Organizer effect the monetary transaction through DPC service. The Payment made by Buyer will be collected by the Organizer under DPC option. Once Orgnaizer decides to use DPC as payment collection option, Organizer agrees to pay Explara all the service Fee as mentioned in details on www.explara.com/pricing. Along with this, organizer accepts the responsibility to provide refund to buyers. Explara is not liable or responsible for refunds. Hence, organizer agrees to fully indemnify Explara.com and its associates or affiliates for refunds , errors in issuing refund or any refund related issue while DPC option is used by the event organizer.

2.2.2 Credit/Debit Card Payment Processing through Payment Gateway

By opting this for payment processing, the event registration fee will be processed directly by Expara Payment Gateway Partners. Explara will collect the money on behalf of the organizer from each of the buyers and and will deduct Explara service fee from the collected amount and pass rest of the money to the Organizer within 5 Business days form the end of event day by Electronic fund transfer to the given bank account on the organizre's Explara dashboard. ( i ) Under Credit/Debit Card payment processing options through Explara, it is the responsibility of the organizer to communicate its refund policy to Buyers via the event page. ( ii ) Under the Credit/Debit card payment options, any chargebacks initiated by the buyer with respect to an event shall be charged back to the organizer of that event. All the issues, disputes and communication regarding the chargebacks are between the buyer and the Organizer of such event. Explara is not responsible for it. Hence, organizer is agree to fully indemnify Explara and its associates, affiliates for any chargeback issue.

2.3 Change of an event

If an event for which tickets are sold or already have been sold can be cancelled or changed (regarding date, time, venue or other important points), the organizer is responsible for making all these changes.

2.4 Accounting

The organizer has options of various payment processing method(s) (credit/Debit card, Direct Payment Collection DPC facility) to be offered to possible ticket buyers. In accordance to this choice, Explara undertakes accounting for the organizer and holds the money on a separate bank account. The organizer authorizes Explara to do so. Explara transfers the money received according to service pricing minus the fees payable to Explara within 5 working 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, Explara reserves the right to pay out money before the event. Explara 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 Explara-Websites are charged to the organizer. The organizer is obliged to raise objections, if any, against the accounts of Explara within four weeks after issue of the account. If not, the account is considered as being approved.

2.5 Prevention against fraud / misusage

If the organizer arouses suspicion of misuse of Explara-Websites, Explara has the right to deactivate the ticketed event of the organizer and to stop the ticket selling. In particular, a suspicion of misuse of the Explara-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 misusing of Explara-Websites, Explara has the right to delay the payout to the organizer even after 5 to 7 days for further 60 days. Within these 60 days Explara will check if an improper use of the Explara-Websites and / or Explara-Services occurred. If a transaction arouses suspicious and if it is brought to Explara's notice, Explara reserve the right to suspend/pause/hold/cancel that transaction event without informing the organizer and organizer can't claim that money from Explara until Explara completes its own investigation to ensure that the transaction in question in not fraudulent.

2.5.1 Warranty of the organizer

The organizer warrants to Explara, 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 organizer's use of the Explara-Services in accordance with these terms, (ii) the organizer is allowed to enter into this agreement with Explara, including the right to authorize Explara in accordance to these terms to act as an agent and to sell tickets for events of the organizer.

2.5.2 Duties of the organizer

The organizer has the duty to inform Explara immediately about unavailability or malfunctions of the Explara-Websites. The organizer has the obligation to inform Explara 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 Explara-Services for illegal or immoral events such as political or religious extremism, pornographic, or violent events. The organizer shall not use the Explara-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 Explara-Services to harm minors in any way; The organizer shall not impersonate any person or entity, including, but not limited to, an Explara 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;

2.6 Duration

Furthermore, Explara has the exclusive right to cancel this agreement regarding the provision of Explara-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 Explara or third parties in default of assets, and "in addition" the organizer gives no proof of sufficient assets within 30 days after request by Explara to do so.

2.7 Cancellation

If you desire to cancel your services, please email to support@explara.com 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.

2.8 Restriction for the usage of Explara services for DPC

As an event organizer who would want to use Explara services for various events/activities. You may not use the Explara services for activities:

2.8.1 that violate any law of the land, statute, ordinance or regulation

2.8.2 that relate to transactions involving narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, drug substance, items such as stolen goods including digital and virtual goods, encouraging, promoting, facilitating or instructing others to engage in illegal activity, items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, obscene items.

2.8.3 that items or digital goods that infringe or violate copyright, trademark, or privacy or right of publicity or proprietary right under the laws of the land.

2.8.4 that contain certain sexually oriented materials or services, contrabands, ammunition, firearms, or certain firearm parts or accessories, weapons , knives regulated under the law of the land.

2.8.5 that relate to showing personal information of third parties violating the law of the land, supporting pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or multi-level marketing programs, are associated with purchases of annuities or lottery contracts, gambling products or bills, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, are for the sale of certain items before the seller has control or possession of the item, are by payment processors to collect payments on behalf of merchants, are associated with the sale of traveler's checks or money orders, involve currency exchanges or check cashing businesses, provide certain credit repair or debt settlement services, credit transactions or insurance activities.

2.8.6 that involve the sales of products or services which are fraudulent.

2.8.7 that violate regulations laid down by industry or the state regarding the sale of tobacco product, drugs and devices.

2.8.8 that involve gambling or any other venture that facilitates gambling, gaming and activities that requires to pay entry fee and prize such as casino games, sport betting, horse/greyhound racing, games of skill and sweepstakes.

2.9 International Transactions and Currency rate fluctuation

2.9.1 In case of an event where the tickets denomination is of a currency other than INR, the buyer is most likely to pay in INR. As the currency conversion takes place in real time, the buyer is most likey to observe a fluctuation in currency rate at any point in time during the course of transaction or there after. The rate of currency is defined by international trade and explara has no control on that. The buyer is liable to pay the curreny conversion rate and any addtional charges levied by the card issuing bank of that country.

3. Buyers and Non- Organizers Terms

3.1 Direct Payment Collection (DPC)

When using DPC, Buyer and Organizer are bound by the terms of use governing the DPC service as both the Buyer and Organizer effect the monetary transaction through DPC service. The Payment made by you (Buyer) will be collected by the Organizer under Direct Payment Collection (DPC) option. Under this facility, Buyer would request for a refund from the organizer. All dispute and communication regarding refund and cancellation will be addressed by event organizer and Explara will not be responsible or liable for any refund, cancellation or error in issuing refund. Also, all communication regarding chargeback are between buyer and organizer. Hence, as a buyer, if you wish to get a refund related to an event, you are requested to contact the event organizer directly.

3.2 CHARGEBACK POLICY

3.2.1 No calim of charge back shall be admissible in-case of satisfactory delivery of 1st Mandatory service which is successfully delivering a confirmation mail with a ticket link attached to the confirmation mail.

3.2.2 No claims of charge back shall be admissible in-case of satisfactory delivery of 1st Mandatory service given and/or giving feedback as satisfied / very satisfied on the service. Also, no request for change in ordered Services nor in the duration of plan opted can be entertained nor any charge-back claimed at any point of time during the contract period. Once feedback is given by USER as SATISFIED for service written in ticket details user cannot claim that he/she has not received the services.

4. Affiliate Terms

4.1 Enrolling as an affiliate

To begin the enrollment process, you will submit a complete scheme application via our site or by direct paper based form submission. We may reject your application if we determine (at our sole discretion) that your site and/or service is unsuitable for the scheme.

4.2 Linking to our site

After you have enrolled as an affiliate, you can provide one or more links from your site to our site. We will provide you with special link formats designed for tracking and reporting for all links between your site and our site. You will be solely responsible for properly utilizing the link formats. We do not accept any responsibility for the incorrect use of the special links / link formats and therefore we shall not be accountable for any loss of fees as a result of your errors.

4.3 Commission / Event Organizer Commission

Explara offers an 'Affiliate Solution' to event organizers to offer an affiliate commission for referring customers to Explara who buy the event tickets/attendee registration. Subject to the terms and conditions of this Agreement, you will be paid commission for each customer referred from you or your site through the Explara link on your site or direct refer of customer to Explara, who successfully buy event ticket or register as paid attendee for the specific events. If it is later found that the customer's purchase was refunded, we retain the right to withhold any payments to you resulting from that individual's purchases. The affiliate scheme relies on cookies to track customers. If for whatever reason, the customer isn't using cookies, or the cookie expires or the customer deletes the cookie, they cannot be tracked and you will not earn commission for any sales that customer may make. Our cookies are set to expire after one year. If at any time the commissions owed to you become less than the total deductions due to refunds as mentioned above the difference shall be immediately payable to Explara. Commission may not be paid to an affiliate if the details we hold for that affiliate are not accurate. It is the affiliate's responsibility to make sure that Explara is notified of any change in their details such as email or address. We also reserve the right to cancel commission payments if we believe that there has been any fraudulent attempts to use the service.

4.4 Commission Schedule

You will earn an affiliate referral fee as of x percent (x%) which is payable to you at the end of each month provided that the commission owed is more than INR 2500.

4.5 Policies and operating procedures

Customers purchasing services from Explara through this scheme will be deemed to be customers of Explara. Accordingly, all Explara rules, policies, and operating procedures concerning the services will apply to those customers. We may change our policies and operating procedures at any time.

4.6 Limited License

We grant you a non-exclusive, non-transferable, non-sublicensable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site as a scheme participant. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and / or reputation of Explara, failing which we may revoke your license at any time at our sole discretion.

4.7 Your Responsibility

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement. You acknowledge and agree that your Web site information (name, URL, traffic counts, etc.) may be utilized by Explara. Possible uses include (but are not limited to) lists of the busiest sites, lists of member sites, etc. The information provided by Explara to you may be proprietary in nature. You acknowledge that you are not a competitor of Explara, and agree not to share this information with any of our competitors. Any violation of these terms and conditions may cause us to terminate this agreement.

5 General Terms

Advertising Material Explara 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. Explara reserves the right to remove and/or reposition the advertising material.

6 Safe Harbor

Any statements contained within the Site concerning Explara's future prospects are forward-looking statements which involve a number of risks, uncertainties and other factors that could cause actual results to differ materially from those that may be projected by these forward looking statements. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the site.

7 Intellectual Property Rights

You agree that Explara owns all rights to the code, databases, visual-design and layout of the Service. Explara 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 Explara. You may not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the prior written permission of Explara.

8. Information Disclosure

To the extent required or permitted by law, Explara may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

9. Disclaimer of Warranties

You understand agree that the Explara services are provided on an "AS IS" and "AS AVAILABLE" basis and that the Explara does not assume any responsibility for prompt or proper delivery of services. Explara does not warrant that its websites will operate error-free or free of computer viruses or mal-functioning or harmful mechanisms. All the contents of website are only for general information or use. Such information does not constitute advice and should not be relied upon in making or derived decisions. Any specific advice or replies to queries in any part of the website are the personal opinion of users and are not subscribed to by Explara. This website assumes no responsibility for the accuracy or existence of any communications between users. Explara expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Explara makes no warranty that the services will meet your requirements, service will be uninterrupted, timely, secure or error-free. Certain links on website lead to resources located on servers maintained by third parties over whom Explara has no control or connection, business or otherwise as these sites are external to this website you agree and understand that by visiting such sites you are beyond this website. Explara therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites. Any material downloaded or otherwise obtained through the use of this website is done at your discretion and risk that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

10. Limitation of Liability

You agree that Explara shall, in no event, be liable for any consequential, incidental, indirect, special, punitive or other loss or damage whatsoever or for the loss of business profits, business interruptions, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use this website, even if Explara has been advised of the possibility of such damage. The Venue, event organizers, events services 'marketplace' information provided on Explara are added by members. Explara doesn't verify, claim or guarantee authenticity of such information. Explara or Signure is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Explara have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. Explara makes no representations or warranties as to the completeness or accuracy of Information contained on the website. The service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are d ifficult to ascertain. Therefore, you agree that Explara shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Explara. You further acknowledge that Explara's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall the Explara be liable for any special or consequential damages, loss or injury.

11. Indemnity

You agree to indemnify and hold Explara, its parent ("Signure"), its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the website (including through the Share Service), your use of this website, your conduct in connection with this website or with other users of the website , or any violation of this Agreement or of any law or the rights of any third party.

12. Termination

You agree that Explara may terminate your Member Account and access to the site for reasons including, but not be limited to, breaches or violations of the Terms or the Explara Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Explara Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Member Account as permitted or required by law.

13. Applicable Laws

All matters relating to your access to and use of the Explara site shall be governed by the laws of the Republic of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Pune, India in all disputes arising out of or relating to the use of Explara. Use of Explara is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.