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.
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.
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.
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 on the Explara-websites to organize events and to sell tickets of the organizer for these events to ticket buyers. The organizer has the option to create his/her own website for event ("eventsite") and to offer ticket sale. The ticket buyer can choose and buy tickets on the eventsite directly.
Interim reports regarding the transaction volume with tickets.
Payment reminder to ticket buyers, as far as necessary.
Accounting for the organizer.
Reimbursement of tickets as far as necessary.
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 sales agent 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.
The organizer hereby authorises Explara for the duration of this agreement to act as an agent by order and for account of the organizer, to sell tickets to the public for events, offered by the organizer on the Explara-Websites, to undertake the payment process with the ticket buyers and/or their banks and to ship the tickets to the ticket buyers. This authorization also contains the right of Explara to send payment reminders to the ticket buyers.
The organizer can choose, whether the tickets shall be shipped to the ticket buyers by mail and/or shall be deposited at the venue or shall be sent electronically or if the ticket buyer shall have the choice between these different shipment methods. As far as tickets be deposited at the venue, the organizer has the right to choose, whether the tickets shall be paid at the venue and/or in advance via Explara.
As the option to the organizer, Explara can also offer offline ticketing i.e. Explara will take all tickets from the Organiser, offer a set number of the tickets online as suggested by the organizer, or as deemed suitable by Explara, and put the remaining tickets into its retail associate networks (such as any cafes, bistros etc. with which Explara may tie up or may have tie ups already). The Event organizer shall decide upon whether it wants to avail only online/electronic ticketing solutions provided by Explara or whether it prefers Explara to provide both paper version & electronic version ticketing services.
Payment and Fees
Explara products & services are available on the basis of periodic subscriptions as well as on a transaction model, as per the requirements of customers.
Subscriptions to paid Services are available on monthly and yearly subscription plans.
Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription.
The subscription fee will be charged to the Credit Card last used by you. If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least 7 (seven) days prior to the renewal date.
In the event of termination of the subscription, no further charges will be taken.
Explara reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge. You will not be charged for using any Service unless you have opted for a paid subscription plan. Information on the subscription options and charges for all paid Services is available at http://www.explara.com/solutions/pricing
In this model, pricing is applied on each ticket sale/attendee registration.
The organizer has to determine the base price for his tickets. This base price belongs to the organizer as far as nothing different is stated in these terms. The organizer can choose whether the additional fees payable to Explara (fees for accounting, shipment etc.) are charged on top of this base price.
Explara charges for every ticket sold via Explara-Websites as stated in the price list published on the Explara-Websites.
In addition to that Explara charges a fee for accounting tickets according to clause 4 as well as for using the Explara-Websites by the organizer (ticketing-fee) as stated in the price list published on the Explara-Websites. The rate of the fee depends by the payment method chosen by the organizer. The ticketing-fee is charged even if the tickets shall be deposited and paid on the venue.
In the event that tickets for an event have been sold via Explara-Website and the event is cancelled for any reason not directly attributable to Explara, then Explara shall continue to be entitled to the convenience fees and ticketing fees.
Change of an event
If an event for which tickets are sold or already have been sold via Explara shall be cancelled or changed (regarding date, time, venue or other important points) the organizer has to inform Explara immediately in writing once these circumstances have come to his attention.
The organizer has options of various payment method(s) (credit card, direct debiting, prepayment) 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 authorises Explara to do so. Explara transfers the money received according to service pricing minus the fees payable to Explara within 5 to 7 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.
Prevention against fraud / misusage
The Explara-Websites offer an extensive security system, in particular to protect organizers against reimbursement of credit card payments. Because of this security system it is possible that “ in exceptional cases “ some credit card service providers may not be accepted.
If the organizer arouses suspicion of misuse of Explara-Websites, Explara has the right to deactivate the ticket shop 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.
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.
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;
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.
If you desire to cancel your services, please email to email@example.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.
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.
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 utilising 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.
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.
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
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.
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.
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.
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.
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.
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.
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.
Disclaimer of Warranties
You understand and 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.
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 difficult 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.
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.
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.