WHO WE ARE:
Happy Shappy Event Services Pvt. Ltd., a company incorporated under the Companies Act, 1956, has its registered office at Anand Niketan, New Delhi, India (hereinafter referred to as “Happy Shappy” or the “Company”) of Second Part.
Happy Shappy is the owner of an e-commerce website by the name of happyshappy.com, which provides an exclusive platform for the marketing and selling of certain products and/or services of a similar nature using electronic medium more particularly through the e-commerce domain.
- TERMS OF WEBSITE AND MOBILE APP USE
This page, and any documents referred in it, set forth the terms and conditions of use through which you can utilize and avail the services of the website and phone applications of Happy Shappy.(together and separately, referred to as “the/our site”), whether as a guest or a registered user, as a customer or as a vendor. By using our site, you indicate that you have read and accepted these Terms of Service and you agree to comply with them.
- PLATFORM Our site assists its users, buyers and consumers (hereinafter referred to as “Buyers”) to connect with vendors for their wedding functions, corporate events, birthday parties, baby showers or any other private party. On our site, buyers can search and book/hire venues and vendors for any type of event. These vendors include but are not limited to photographers, makeup artists, DJs, mehendi artists, caterers, decorators, etc. Happy Shappy can help buyers budget for, plan and organize their events themselves, without the need of a party planner. Venues and vendors offering their services, and buyers purchasing those services, share the responsibility of ensuring the events facilitated by Happy Shappy are stress free and happy. Our site acts only as a platform so that vendors and buyers can connect in respect of all the services and products offered by the vendor and for purchase by the buyers. The site helps the vendor and the buyer to book their transaction smoothly and without any difficulty. However, our site has limited control over the quality, safety or legality of the services advertised by the Vendor. The Vendors and buyers agree to work along with each other to make the event a success. In case there is a dispute between the Vendor and the Buyer, the said parties will attempt to resolve the said dispute amicably. However, if the Parties fail to resolve the said dispute, the Parties will refer the same to Happy Shappy for an amicable solution and the Vendor and the Buyer agree that Happy Shappy would make a final solution, at its own discretion and according to its rules and regulations and the said decision would be final and binding upon both the parties.
- REGISTRATION Use of our site may require the Vendor to register and provide certain data. In consideration of the Happy Shappy permitting you to use our site, in registering and providing such data, the Vendor represents and warrants that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various registration forms on the Website (the “Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Happy Shappy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Happy Shappy has the right to suspend or terminate your account and refuse any and all current or future access to and use of this Website with immediate effect. The Vendor represents that he/she is of sufficient legal age and competence to use our site and to create binding legal and financial obligations for any liability you may incur as a result of the use of our site. The Vendor understands that he/she is legally, financially and morally responsible for all uses of our site by himself/ herself and those using his/her login information.
- INFORMATION Our site does not control the information provided by the Vendors and it is the duty of the Vendor to ensure that all the information provided is true, complete and accurate and not offensive, incomplete, harmful, inaccurate or misleading. The Vendor agrees and undertakes the following: (a) shall only use our site to post legitimate and accurate information and shall not use our site for any other purposes, including without limitation, to post any speculative, false or fraudulent information or any information in anticipation of demand. If any information provided on our Site or another vendor or buyer, subsequently becomes inaccurate, misleading or false, he will promptly notify Happy Shappy of such change. (b) shall not upload, post, email, transmit, communicate including through emails or otherwise make available any Content that is misleading, unlawful, harmful, threatening, abusive, harassing, threatening, libelous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or applicable regulation or code of conduct.; (c) impersonate any person or entity, including, but not limited to, a Happy Shappy ‘s employee or administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity; and (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements). In case any information posted on our site by any of the Vendors is in violation of any of the terms mentioned hereinabove and/ if Happy Shappy has reasonable grounds to suspect that your Vendor listing is in violation of these term’s, Happy Shappy as the right to suspend or terminate account of the Vendor and refuse any and all current or future access to and use of this Website with immediate effect.
- FRAUD Incase the Vendor has engaged in fraudulent activity, misrepresentation, falsehoods or any illegal activity in connection with our Site, Happy Shappy may suspend or terminate the Vendor’s account and/ or membership. Happy Shappy also reserves its right to take appropriate legal action under the law against the Vendor.
- REVIEW OF INTEGRITY The Vendor shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material/ review or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or applicable regulation or code of conduct. If the Vendor engages in the practice of unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material, then Happy Shappy shall have the right to remove or edit the said information/ reviews. If any of the actions of the Vendor undermine the integrity of Happy Shappy ‘s site or review system, then Happy Shappy shall have a right to limit the number of reviews of the Vendor and/ or temporarily suspend or permanently remove the said Vendor from our Site. The Vendor may not cancel on our site’s Buyers because he/ she is afraid of receiving a less than a perfect or negative Buyers review after the event has taken place.
- ONLINE BOOKING AND PURCHASES Happy Shappy shall not liable for any claims whatsoever against non-fulfillment or unsatisfactory fulfillment of products and services purchased from the Vendor by any Buyer through our site.
- Return, Refund and Cancellation Policy: After placing the order customer can cancel the order within 1 hour if he/she wish to. And in case of customer request for Refund, it will be processed through same mode within 10 working days. Products can be returned within 24 hours from the day of delivery
- VENDOR CONNECT The Vendors acknowledge the following: Our site is not responsible for potential buyers to place orders or book/buy the services or products of the Vendors but is to assist you in reaching out to potential buyers. Any transaction you enter into with your buyers is strictly between you and the buyers, and Happy Shappy is not a party to this transaction. Happy Shappy is only a platform for connecting the Vendor and the buyer.
- INDEMNITY The Vendor agrees to indemnify and hold Happy Shappy and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, 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.
- LEGAL COMPLIANCE The Vendor shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of vendor services and other related items. Happy Shappy shall not be responsible or liable for the same in any manner.
- NO AGENCY The Vendor and Happy Shappy are independent contractors, and no agency, partnership, joint venture, employee employer or franchiser-franchisee relationship is intended or created by this Agreement.
- VENDOR MEMBERSHIP Happy Shappy has the sole discretion to determine if a Vendor is eligible to offer their services and products through our site. Vendor specifically authorizes our site to conduct such investigation as it deems necessary. Happy Shappy has the explicit right, to suspend and/or remove any vendor from our site at any time at its sole discretion without assigning any reasons whatsoever. Happy Shappy reserves the right, at its sole discretion, to reject any Vendor based on the outcome of any screening procedure, license checks, or any other information that causes Happy Shappy to suspect or believe that Vendor may not be properly licensed, qualified, dependable, trustworthy, or able to fulfill its obligations. Vendor acknowledges that Happy Shappy is entitled to exercise such caution and discretion to protect the buyer. If at any point of time, there is a breach or suspected breach of the terms of this Agreement, Happy Shappy may suspend and/or remove any Vendor from the Site.
- GENERAL RULES OF CONDUCT The Vender is responsible for maintaining all requisite licenses and certificates, workers compensation insurance (where required), and such other forms as required under the law. The Vendor agrees that: i. He shall use our site in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, the Indian laws. ii. He shall not transmit or otherwise transfer any web pages, data or content found on our site to any other computer, server, web Website, or other medium for mass distribution or for use in any commercial enterprise. The use of such materials on any other web Website or in any environment of networked computers is prohibited. iii. shall not use any device, software or routine to interfere or attempt to interfere with the proper working of our site. iv. shall not, except as permitted under applicable law, alter, modify, translate, decompile, adapt, disassemble, reverse engineer or create derivative works from any content or component from this Website v. shall not post or transmit any information which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (iii) contains a virus, bug, worm , time bomb, trojan horse, trap door or other harmful item, (iv) is used to unlawfully collude against another person in restraint of trade or competition, or (v) creates any liability on Happy Shappy or causes Happy Shappy to lose (in whole or in part) the services of our internet service providers or other suppliers or buyers. vi. shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other loss or harm resulting from its use of our site. vii. will promptly report to Happy Shappy any violation of the terms of this Agreement by other Vendor or buyer. Happy Shappy reserves the right, but has no obligation whatsoever, to monitor the materials posted in the public areas of our site and shall have the right, but not the obligation, to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of Happy Shappy, the vendor is solely responsible for the content of the materials that it posts in the public areas of our site and in the buyers or vendors private e-mail. To the extent permitted by applicable law, Happy Shappy shall treat the messages, e-mails and all other modes of communications sent between the Vendor and other vendors or buyers which are not readily accessible to the general public as private.
- NOT RESPONDING TO BUYERS LEADS If the Vendor fails to reply two (2)_ or more consecutive email of a Buyer/s, then Happy Shappy shall have the explicit right to temporarily suspend or permanently de-activate the Vendor from the said site.
- INTELLECTUAL PROPERTY RIGHTS The Website contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, information, software, photos and graphics, videos, music and sound (hereinafter referred to as the ‘Content’). The Content is protected by copyright law, registered and unregistered trademarks, database rights and other intellectual property rights. This website and its Content is copyright of Happy Shappy. The Vendor acknowledges the copyright of Happy Shappy in the Content. Any redistribution or reproduction of part or all of the Content in any form is prohibited unless express consent or permission is taken from Happy Shappy. The Vendor may not, except with our express written permission, distribute or commercially exploit the Content. Nor may the Vendor transmit the Content or store the Content in any other website or other form of electronic retrieval system. Happy Shappy reserves all its rights. 18. FALSIFYING BOOKINGS If the Vendor falsifies bookings and/or buyer information, Happy Shappy shall have an explicit right to temporarily suspend or permanently de-activate the Vendor. Falsifying bookings with an attempt to deceive Happy Shappy’s buyers by artificially inflating ratings and booking totals is not permitted.
- NO-SHOWS, CANCELLATIONS, & BUYERS DEPOSIT/BALANCE PAYMENT RETURNS The Vendor cannot change and/or increase the information and prices of its services, products or packages after a Buyer has contacted the Vendor or accepted the Vendor’s quote in respect of the said service, product or package unless there are substantial changes made in the said service, product or package on the request of the Buyer. Happy Shappy has an explicit right to temporarily suspend or permanently de-activate the Membership of any Vendor if the Vendor changes or increases the prices of its services, products or packages as posted by him on the Site. Happy Shappy has the explicit right to temporarily suspend or permanently de-activate the Membership of any Vendor who has been a “no-show” for more than one Happy Shappy ‘s booking and/or fails to return the Buyer’s deposit or balance payment for said no-show. A “no show” is where Vendor is unable to or cancels the package/event selected by the buyer.
- DEROGATORY & SLANDEROUS COMMENTS Derogatory and/or slanderous comments, whether directly or indirectly, made by Vendors about other Vendors or buyers of Happy Shappy are not permitted
- MEMBER PROFILE PHOTOS, AUDIO, & VIDEO Our site is committed to providing a secure and safe environment to its Vendors and Buyers. If any photo, comment, audios or videos posted on our site are found to be obscene, sexual or otherwise offensive photos by Happy Shappy, then Happy Shappy at its sole discretion may remove such photo, comment, audios or videos.
- EVENT ENTERTAINMENT PROTECTION POLICY The Vendor undertakes and acknowledges that once they have listed either the package for an event or party and/ or has provided the prices and information with respect to its services and products, the Vendor will provide the same to the Buyer without any change or modification in any manner unless specifically requested by the Buyer.
- HOW TO CANCEL MEMBERSHIP The Vendor may cancel its membership by contacting Happy Shappy at firstname.lastname@example.org or (+91) 1149066479. If you cancel your membership, your cancellation will be effective immediately. However, if the vendor has any pending events, the same shall be completed and the termination shall be effective post the date of the event.
- ASSIGNMENT The Vendor may not assign, convey, subcontract or delegate its rights, duties or obligations hereunder.
- SEVERABILITY The Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable, illegal or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the enforceability, legality and validity of any other remaining provisions.
- GOVERNING LAW & JURISDICTION The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of India. All disputes arising out of or in connection with this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be mutually agreed between the parties. The language of the arbitration shall be English and the venue of the arbitration shall be at New Delhi, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.
- HEADINGS The headings used in the Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
- ENTIRE AGREEMENT The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
- COMMUNICATION WITH USERS Happy Shappy reserves the right to communicate with the vendor regarding this site and your use of this site or any product or service that you may post/ list on this site.