Terms of Service
The Web pages available at doattend.com, and all linked pages ("Site"), are owned and operated by doattend ("Doattend"), a product of Tenmiles corporation, and is accessed by you ("User") under the following terms and conditions:
1. Access to the Services
Subject to the terms and conditions of this Agreement, Doattend may offer to provide certain services, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"), solely for User's own use, and not for the use or benefit of any third party. Doattend may change, suspend or discontinue the Services at any time, including the availability of any feature, or content. Doattend may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Doattend reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified. User certifies to Doattend that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Site Content
The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Site is protected by copyright as a collective work and/or compilation, pursuant to Indian copyright laws, international conventions, and other copyright laws.
3. Description of Doattend
Doattend is an Online Event Registration service that allows you to create, publish and promote events online through through the Web. Event managers can register on the doattend website, fill out information on their event, and provide attendees with personalised tickets, both on free and/or chargeable basis. Event Managers can collect payments from event registrants, through doattend. Payments are all transacted through PayPal, for currencies supported by Paypal and DoAttend's partner Gateway, for Indian Rupee denominated transactions. For more information, please see http://www.doattend.com.
4. Payment Processing Information
There are two types of payment processing options when using Doattend:
1. Paypal Service (collecting registration fees using Paypal)
2. INR Gateway Service (collecting registration fees using the Doattend payment processing gateway).
Depending on the payment processing option you choose when using Doattend, monetary collections will be made by you directly (Paypal Service) or by Doattend (INR Gateway Service).
ii.You will collect all monies directly and by signing up for and using Doattend, you agree to submit payment to Doattend for service charges owed upon receipt of the Invoice (sent monthly for service charges incurred in the previous month). For more information: http:/doattend.com/pricing
iii.You accept the responsibility to provide refunds to Ticket Buyers at your own discretion. Doattend will not be held liable for refunds or lack thereof during the use of the Paypal Service.
INR Ticket Sales
ii. Doattend will collect all receipts of ticket sales on behalf of the Event Manager ("You") and deduct all applicable service charges from registration fees as stated here: http://www.doattend.com/pricing. Doattend will mail all payments to you (total ticket sales less service charges) at the address that you accurately provide on the Doattend Web Site. All sales, fees, charges, and funds are payable in Indian Rupees.
iii. All ticket prices listed by the Event Manager ("You") are considered to be inclusive of applicable taxes.
iv. Any credit card chargebacks initiated by the Ticket Buyer for any reason shall be charged back to You. Doattend shall either (i) deduct these costs from your outstanding balance, whether for that particular Event or for any other Event that you list with Doattend; or (ii) send an invoice to you for said costs if no balance exists. If payment for said invoice is not received by Doattend within thirty (30) days, Doattend reserves the right, at our sole discretion, to terminate this Agreement and to cancel all other Events listed by you as provided herein.
5. Ticket Buyer Refund Policy
a. PAYPAL Service
i. Ticket Buyer Refund Policies are subject to the Terms of Service of the Event for which a ticket has been purchased, and at the discretion of the Event Manager. The Ticket Buyer shall request a refund from the Event Manager responsible for the event in question.
b. INR Gateway Service
i. Ticket Buyer Refund Policies are subject to the Terms of Service and Refund Policy of the Event for which a ticket has been purchased. Doattend is not liable to address refund requests from the Ticket Buyer and has no authority to issue refunds without an instruction from the Event Manager. The Ticket Buyer shall request a refund from the Event Manager responsible for the event in question, within 96 hours of the Event end date. Doattend will honour refund requests for online purchases made through the INR Gateway, from the Event Manager within the Refund time allowance of 96 hours past the event end date. Refunds will be initiated by Doattend and applied to the original form of purchase within thirty (30) days of Event end date.
User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Doattend user. Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.
7. Warranty Disclaimer
Doattend has no special relationship with or fiduciary duty to User. User acknowledges that Doattend has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Doattend from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Doattend makes no representations concerning any content contained in or accessed through the Site, and Doattend will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): Doattend MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Doattend will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Doattend's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.
8. Registration and Security
As a condition to using certain Services, User may be required to register with Doattend and select a password and User name ("Doattend User ID"). User shall provide Doattend with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (i) select or use as a Doattend User ID a name of another person with the intent to impersonate that person; or (ii) use as a Doattend User ID a name subject to any rights of a person other than User without appropriate authorization. Doattend reserves the right to refuse registration of, or cancel a Doattend User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Doattend password.
User will indemnify and hold Doattend, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.
10. Limitation of Liability
IN NO EVENT SHALL Doattend BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.
Either party may terminate the Services at any time by notifying the other party by any means. Doattend may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Doattend shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Doattend's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Doattend's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. User agrees to personal jurisdiction by the state and federal courts sitting in country of residence. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration. Both parties agree that this Agreement, Doattend's Privacy Statement, and other policies posted by Doattend on the Site are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Doattend in any respect whatsoever.