Please read this terms of service agreement carefully. By accessing the Site / ordering product(s)/service(s) or services at/from https://xperienceit.in which also comprises of the mobile site, applications for iOS, Android, Windows Operating System or the social media pages owned by Xperience It Events Pvt. Ltd. (all together referred to as “Site” henceforth), you are agreeing to be bound by all of these terms of service mentioned in the document, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Site are protected by applicable copyright and trademark law.
1.0 For flowers, sweets or other items that are perishable in nature, the delivery would be attempted only once. If the delivery is not executed during that attempt due to incorrect or insufficient address, recipient not at home,address found locked or refusal to accept, the customer shall still be charged for the order.
1.1 In case of customized product(s)/service(s) or experiences, there may be a slight variation from the picture/video shown. We shall, however, ensure our best to keep it as close to the photograph/description as possible.
1.2 The product(s)/service(s) specifications (weight, size, color etc.) Mentioned with the product(s)/service(s) photos is only approximate. There may, hence, be a variation in the pictures and the respective product(s)/service(s). Xperience It Events Pvt. Ltd., in its absolute discretion, may deliver a similar/alternate product(s)/service(s) for reasons or exigencies beyond its control.
1.3 The product(s)/service(s)/services provided on this site are without warranties of any kind either expressed or implied and Xperience It Events Pvt. Ltd.Disclaims all or any of them to the fullest extent. Xperience It Events Pvt.Ltd. Does not warrant that the product(s)/service(s)/services offered will be error-free, or that the defects will be corrected, or that this site or the server that makes it available are or will be free of viruses or other harmful components.
1.4 Under no circumstances whatsoever shall Xperience It Events Pvt. Ltd. Be liable for any loss of data, lost profits or any damages whatsoever including, without limiting, any indirect, special, incidental, consequential or other damages that result from the use of or inability to use the product(s)/service(s)/services offered in the site. Not with standing the for going, in no event shall XperienceIt Events Pvt. Ltd.Be liable to the user for any or all damages, losses, and causes of action (including but not limited to, negligence) or other wise exceeding the amount paid by the user to Xperience It Events Pvt. Ltd. for that specific service/product(s)/service(s).
1.5 In case of miss happening / riots /natural disaster at the place of event / at companies place.
1.6 No refunds and company not liable.
1.7 In case the 3rd party organizer runs away- partial refunds / company not liable -- customer needs to contact 3rd party vendor.
Section: 2 - Use of client images
2.0 Images of clients shared by our partners/vendors may be used for marketing under the implied understanding that the clients have voluntarily allowed the photographs/videos to be taken.However, in case of objections, the images will be removed immediately.
Section: 3- Terms for ‘same day delivery’ feature
3.0 Xperiences ordered through the ‘same day delivery’ feature will be delivered between 6 pm and 11 pm on the chosen date, within 15 kms from Lajpat Nagar Metro Station, New Delhi, India.
3.1 If the person you’ve addressed the surprise to is unavailable at the given address or unreachable at the time of delivery or an incorrect address has been shared,we will attempt to communicate with the receiver to ensure delivery. If the receiver is still unavailable/location is drastically different from the address shared while ordering, then Xperience It Events Pvt. Ltd. cannot assure delivery on the same day.
3.2 While we always try 100% to ensure deliveries on time, there could be delays due to weather, calamities and other unavoidable reasons that are beyond our control.In such cases, your Xperience will be delivered at the earliest.
3.3 The contents of our Site and the Site as a whole are intended solely for your personal and non-commercial use. Any use of our Site and its content for purposes other than personal and non-commercial use is prohibited without the prior written permission of Xperience It Events Pvt. Ltd.You cannot reproduce,publish, display, modify, sell, or distribute any of the materials from Xperience It Events Pvt. Ltd.
3.4 In an effort to provide our customers with the most current information, Xperience It Events Pvt. Ltd. will, from time to time, make changes in the contents and in the product(s)/service(s) or Xperiences described on this site. Prices and the availability of items are subject to change without notice. Any prices use don this site may not be indicative of the actual selling prices in your area.We reserve the right to limit sales, including the right to prohibit sales tore-sellers.
Section: 4- Terms specific to ‘Surprise in The Sky’ Xperience
4.0 Xperience It Events Pvt. Ltd. Or the pilot may, at our or their discretion, cancel your flight for any booked date or alter its time without your consensus, because of matters beyond our or their reasonable control, for example adverse weather conditions, or safety/legal reasons. However, you will be given as much notice of any cancellation or alteration as is possible.
4.1 To the fullest extent permitted by law, we will not be liable in any way(including for breach of contract) for any financial loss, liability, damage,costs or expenses arising directly in the natural and ordinary course or indirectly from or in connection with the surprise sold to you.
4.2 Customers are requested to dress in comfortable casual clothes.
4.3 You must satisfy yourself that you are fit to participate in your flight and that you are not suffering from any illness or other medical condition or disability which might prevent you from participating or might be affected by your participation. You must take appropriate medical advice for this purpose.
4.4 Passengers under the influence of alcohol or other mood altering substances will not be allowed to fly.
4.5 Xperience It Events Pvt. Ltd. Accepts no liability or responsibility for any injury,illness, damage, loss, accident, expense, or any other claim arising from provision of the flight ride, even in circumstances where Xperience It Events Pvt. Ltd. May have negligently breached any duty of care that we may owe or have owed in connection with the provision of this surprise.
Section: 5- Use license
5.0 Permission is granted to temporarily download one copy of the materials (information or software) on Xperience It Events Pvt. Ltd.'s Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on Xperience It Events Pvt. Ltd.'s Site;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or "mirror" the materials on any other server.
5.1 This license shall automatically terminate if you violate any of these restrictions and may be terminated by Xperience It Events Pvt. Ltd. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Section: 6- DISCLAIMER
6.0 The materials on Xperience It Events Pvt. Ltd.'s Site are provided on an 'as is' basis. Xperience It Events Pvt.Ltd. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchant ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
6.1 Further, Xperience It Events Pvt. Ltd.does not warrant or make any representations concerning the accuracy, likely results,or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this site.
6.2 Also refer to the Disclaimer available on the site as a separate page.
Section: 7- Limitations
7.0 In no event shall Xperience It Events Pvt. Ltd. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Xperience It Events Pvt. Ltd.'s Site, even if Xperience It Events Pvt. Ltd. or a Xperience It Events Pvt. Ltd. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Section: 8- Accuracy of materials
8.0 The materials appearing on Xperience It Events Pvt. Ltd. Site could include technical, typographical, or photographic errors. Xperience It Events Pvt. Ltd.does not warrant that any of the materials on its Site are accurate, complete or current. Xperience It Events Pvt. Ltd. may make changes to the materials contained on its Site at any time without notice. However Xperience It Events Pvt. Ltd. does not make any commitment to update the materials.
Section: 9- Links
9.0 Xperience It Events Pvt. Ltd. has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Xperience It Events Pvt. Ltd. of the site. Use of any such linked Site is at the user's own risk.
Section: 10- Modifications
10.0 Xperience It Events Pvt. Ltd. may revise these terms of service for its Site at any time with out notice. By using this Site you are agreeing to be bound by the then current version of these terms of service.
Section: 11- Governing law
11.0 These Terms & Conditions are governed by and construed in accordance with the laws of Delhi and you irrevocably submit to the exclusive jurisdiction of the courts only in Delhi, India.
Please note – https://www.xperienceit.in is fully owned and operated by Xperience It Events Pvt. Ltd.
Section: 12- Product(s)/service(s)
Section: 13– The “Site”
13.2 Reservation/Booking of Services: The process of booking services from this Site may require you to disclose confidential information including credit card number etc. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as internet-cafe(s), cyber-cafe(s) and other commercially available internet enabled computers or computer services.
13.3 Relying on declarations, confirmations, information and obligations made/undertaken by the user in accordance with usage terms, and believing the same to be true and acting on the faith thereof, Xperience It has agreed to provide the services to the user as per the usage terms mentioned herein. In particular, the user does hereby agree, promise, declare, confirm, covenant,undertake and represent & warrant to Xperience It:
(a) The user is not under any legal or other deficiency which prevents/may prevent the user from: (i) entering into aval id contract under the applicable laws; and (ii) making valid payment to Xperience It for services ordered by the user.
(b) In the event of detecting any suspicious activity from user’s account, Xperience It reserves the right to cancel all pending and future orders owing to any such incident without any liability to the user.
(c) In a credit card transaction; user must use your own credit card for which user has full right & authority to validly use such credit card for making payment to Xperience It. Xperience it shall not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on user.
(d) While using the Site user shall at all times strictly comply with the payment procedure and the usage terms in their entirety.
(e) Your use of the services shall be deemed that you are fully satisfied with the description, look and design of the Xperience and usage fee of the Xperience as has been displayed on Xperience It’s Site.
The user agrees and acknowledges that in the Site all services are offered only at the sole discretion of Xperience It.
13.4 The user agrees, acknowledges, confirms and under takes that the registration data, information/data provided or uploaded onto the Site by the user: (a) shall not be false, inaccurate, misleading or incomplete; or (b) shall not be fraudulent or involve the use of counterfeit or stolen credit cards; or (c) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy; or (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; or (f) shall not contain any viruses, Trojan horses,worms, time bombs, cancel bots, Easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or (g) shall not create liability for Xperience It or cause Xperience It to lose (in whole or in part) the services of Xperience It’ ISP’s or other service providers/suppliers. If the user contravenes the foregoing or Xperience It has reasonable grounds to suspect that the user has contravened the foregoing, Xperience It has the right to indefinitely deny or terminate user's access to the Site and to refuse to honor the user's request(s).
13.5 The user hereby assumes the sole risk of booking or making use or relying on the information relating to the services available on this Site. Xperience it does not promote any Xperiences listed on the Site. It is user’s responsibility to check the details of the Xperiences listed on the Site at its sole discretion.
13.6 Xperience it has endeavored to provide the most accurate, up-to-date information on this Site. However, the information,materials, services available on this Site may inadvertently include inaccuracies, typographical errors, or outdated information. Xperience it is not responsible for and shall not be bound to honor typographical or pricing errors on this Site. Xperience it reserves the right to refuse or cancel order sat any time, including but not limited to the following orders that contain in correct prices or product(s)/service(s) descriptions, orders in which Xperience It believes the user has violated applicable laws or usage terms,orders that Xperience It believes are harmful to Xperience It or orders that Xperience It believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information. Xperience it neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information,product(s)/service(s) or service. Xperience it expressly disclaims any warranties and conditions whether express or implied about their accuracy,completeness, correctness, suitability, reliability, availability, timeliness,quality, continuity, performance, error free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort,non-infringement, lack of viruses or other harmful components. Xperience it shall not be responsible for the delay or in ability to use the Site or related functionalities, the provision of or failure to provide functionalities, or for any information, software, services, functionalities and related graphics obtained through the Site, or other wise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise.Further, Xperience It shall not be held responsible for non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond Xperience It’ control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Site is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Xperience it accepts no liability for any errors or omissions, with respect to any information provided to the user.
13.7 Account and registration: Xperience it makes the services available to you through the Site only if you have provided Xperience It certain required user information and created an account("account") through Xperience It id and password or other log-in id and password (collectively, the "account information"). The Site requires you to register as a user by creating an account in order to utilize the services provided by the Site. You will be responsible for maintaining the confidentiality of the account information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Xperience It of any unauthorized use of its account information or any other breach of security, and (b) ensure that you exit/log out from the account at the end of each session. Xperience it cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may beheld liable for losses incurred by Xperience It or any other customer or visitor to the Site due to authorized or unauthorized use of your account as a result of your failure in keeping its account information secure and confidential.
13.8 Xperience it also allows restricted access to the Site for unregistered users. At the time of registration, you shall ensure that the account information provided by you in the Site's registration form is complete, accurate and up-to-date. Use of another user’s account information is expressly prohibited.
13.9 When you use the Site, you agree and understand that you are communicating with Xperience It through electronic records and you consent to receive communications via electronic records from Xperience It periodically and as and when required. Xperience it may communicate with you by email or by such other mode of communication,electronic or otherwise. You specifically agree that Xperience It shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, Xperience It will make best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Site, you agree that Xperience It shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing you agree that Xperience It shall not be held liable or responsible for 'phishing attacks' on you. User agrees that user shall not use/access this Site from unsecure computers, unsecure communication link sand unsecure mobile phones. You may accept or decline the cookies when you accesses Xperience It’ Site. It is the user’s responsibility to set his browser to alert him to accept or to reject cookies.
13.10 The user agrees, acknowledges and confirms that before placing any order, the user shall check the service description and price carefully and by placing an order for a service you agree to be bound by the usage terms and conditions of sale included in the services’ description.You shall only place the order after fully satisfying yourself with the price,description, look as has been displayed on Xperience It Site.
13.11 Xperience it shall not be responsible unsatisfactory or delayed performance of services or damages or delays as a result of channel partner’s act’s or omissions.
Xperienceit reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Site or the information, listings and services described on the Site at any time. Such modifications or changes shall be effective immediately when they are made.
13.12 Payment and usage fee: User hereby agree and understand that he will have to pay the usage fee as mentioned on the Site for the concerned Xperience via the payment mode provided on the Site post which user’s requested reservation will be confirmed. Once the reservation has been confirmed, Xperience It will debit the usage fee from the payment mode selected by the user. The user agrees and acknowledges that the payment procedure may call for and require additional verification of or information from the user and the user undertakes to provide complete, correct and proper information.
13.13 Xperience it uses third party payment providers to receive payments from user. Xperience it is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Xperience it takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and workflows, hence cannot be held responsible for any fault at the end of payment providers.
Section: 14– Disclaimer of Warranties
Section: 15– Limitation of Liability
Section: 16– Indemnification
expense. Xperience It Events Pvt. Ltd. will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Xperience It Events Pvt. Ltd. Against any claim, but you must receive Xperience It Events Pvt. Ltd. Prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this agreement or your use of the Site or product(s)/service(s).
Section: 17– General
17.4 Statute of limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or product(s)/service(s) or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section: 18– For Merchant
18.0 The Merchants listed on the Site, may or may not have signed a formal contract with Xperience It Events Pvt.Ltd. In the case where the merchants have signed the contract, and signed up on the Site they are bound by all the Terms & Conditions within the agreement and by all Terms and Conditions in this Agreement. However, the Terms &Conditions listed in the Contract supersede the Terms of this contract. In the case(s) where a formal contract has not been signed and merchants have signed upon the Site either by themselves or by Xperience It on their behalf [after their verbal or written consent], the Merchant(s) are agreeing to be bound by all of these terms of service mentioned in the document, all applicable laws and regulations, and agree that The Merchant(s) are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Site are protected by applicable copyright and trademark law.
18.1 No Merchant can discontinue any of their product(s)/ services(s) without a one month prior notice to Xperience It Events Pvt. Ltd. The Merchants are also bound to complete all the bookings they have received until 2 business days post giving the notice. The bookings might be for dates post the notice period as well.
18.2 In case of discontinuation of services or separation from Xperience It Events Pvt. Ltd. the monetary settlement would be competed as per the terms stated in the contract or within 30 Business days.
18.3 The Merchants can never deny a booking after they get a booking from Xperience It Events Pvt. Ltd. However if they are closed for a particular day or unavailable due to any circumstance(s)/ problem(s), they should in advance mark their availability in the Site/ Technical Solution provided by Xperience It. Failing to mark unavailability would be considered as “Merchant Available” and the slot can be booked by the customers in real time. And once the booking has been received it cannot be cancelled from the Merchant’s end. Failing to provide the service(s)/product(s) might lead to permanent discontinuation from Xperience It’s Site or appropriate Legal actions from case to case.