PLEASE READ THIS EICHER GROUP FOUNDATION ‘JOURNEYING ACROSS THE HIMALAYAS’ TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS “TERMS & CONDITIONS”) CAREFULLY BEFORE PURCHASING ‘JOURNEYING ACROSS THE HIMALAYAS’ TICKET OR ATTENDING ‘JOURNEYING ACROSS THE HIMALAYAS’ EVENT.
This TERMS & CONDITIONS is an electronic record under the provisions of the Information Technology Act, 2000 (“Act“), and rules made thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This TERMS & CONDITIONS is computer-generated and does not need any physical or digital signatures.
These TERMS & CONDITIONS form a binding legal agreement between you or the holder of the ‘Journeying Across The Himalayas’ ticket/pass (“You”, “Your” or “User”) and Eicher Group Foundation, a company incorporated in accordance with laws of India with registered office at 3rd floor, Select City Walk, A-3, District Centre, Saket, New Delhi- 110017 (each, individually a “Party” and collectively, the “Parties”) as of the date You purchase the ‘Journeying Across The Himalayas’ ticket/pass or attend the ‘Journeying Across The Himalayas’ event. These TERMS & CONDITIONS shall apply to and govern Your rights and obligations pertaining to attending the annual ‘Journeying Across The Himalayas’ event (“JATH”) organised by Eicher Group Foundation (hereinafter referred to as “EGF”).
By purchasing the JATH ticket, having possession of the JATH ticket/pass or attending the JATH event, You confirm to have read, understood and accepted these TERMS & CONDITIONS which shall be legally binding on You.
If You do not agree with any of the terms set out herein, do not purchase the JATH ticket and/or attend the JATH event.
1.Ticket Booking
(a) Children under the age of 8 do not need to purchase ticket for JATH, however, they can attend JATH only if accompanied by an adult (over the age of 18).
(b) Booking once confirmed, will not be refunded in the event individuals do not attend JATH for any reason whatsoever.
(c) You are advised to keep your tickets/pass safe, as no duplicate tickets/pass shall be issued under any circumstances including for loss or theft of tickets/pass.
(d) Tickets/passes are non-returnable.EGF shall not be liable to refund any unused tickets/passes.
(e) Tickets/passes are non-transferrable and non-refundable even in case of any rescheduling.
(f) Tickets/passes are considered forfeited if not used/redeemed at the JATH event they were purchased for.
2.Payment
Any liability with respect to a failed or incorrect transaction shall be of the User, payment gateway service provider and/or the processing banks, as the case may be. EGF does not collect or process any transactional data with respect to the payments made for purchasing the JATH tickets. Users must go through the applicable terms and conditions of the payment gateway service provider, processing banks, credit/debit card issuers, and network service providers before making any payment.
3.Cancellation; Refund
(a) In the event of cancellation of JATH by EGF, no refunds will be provided to the Users/ticket/pass holders.
(b) You understand, acknowledge and agree that the names of any artist, act or performer contained in any JATH promotional material is intended for informational purposes only, and does not, in any way, represent the importance or headline status of any single artist, act or performer, and is subject to change without prior notice. You understand that the artists and/or line up for the JATH event may be changed or cancelled and that such occurrence shall not, under any circumstances, entitle You to any claim whatsoever, including, but not limited to, a refund for Your ticket/pass.
4.Your Representations and Warranties
(a) User represents, warrants and agrees that:
(i) he/she will use the payment/booking platforms to make only legitimate booking(s) for himself/herself or for another person(s) for whom User is legally authorized to act. Further, User will inform such other persons about the TERMS & CONDITIONS that apply to the booking(s) User has made on their behalf, including all rules and restrictions applicable thereto;:
(ii) he/she will have to provide his/her name (as per govt. ID), e-mail address, phone number and other details as may be necessary for booking and purchasing the JATH ticket/pass;
(iii) all the information provided by the User, on the booking page, is true, accurate, current and complete. Further, User will be solely responsible for the any/all error(s) or mistake(s) in provision of information and EGF will not be liable for the same; and
(iv) he/she will not make use of the booking facility on the booking/payment platforms by providing incorrect or false information and/or impersonate another person.
(b) In the event of unauthorized use of the booking facility, EGF and/or its authorised representative, reserves the right to revoke, suspend or terminate User’s access to the payment/booking website and cancel the JATH ticket/pass purchased. User agrees and acknowledges that EGF shall not be held liable for any loss or liabilities incurred by the User or any third party as a consequence of such unauthorized use.
5. At JATH
(a) You and/or all the Users, who wish to attend the JATH event, must produce a valid ticket/pass for JATH, along with a government ID proof, at the time of entering the JATH venue. No one shall be allowed to enter the event venue without the requisite details and documents, as referred above.
(b) Anyone caught forging entry tickets/pass, registration numbers or any other document in order to access the JATH event or sell such tickets/passes for JATH, will be prosecuted without exception.
(c) All persons entering JATH site may be searched as a condition of entry, for security reasons.
(d) EGF reserves the right at its sole discretion to refuse admission and to remove any holder of JATH ticket/pass from the premises (without refund of any money or damages), who does not comply with the rules of the JATH event or these TERMS & CONDITIONS or if in the reasonable opinion of EGF or their representatives, admission of the holder might be a risk to the safety of the audience and/or the holder and/or affect the enjoyment of the audience and/or the running of the JATH event, or if the holder is a nuisance to the other guests or has in his or her possession any prohibited or illegal substances which include without limitation chemicals of any kind, narcotic drugs, laser pens, weapons or offensive material of any kind or animals.
(e) Illegal substances are strictly prohibited at the JATH event site. Possession of them may lead to rejection of Your entry into the event site and/or Your ejection from the event, and invite police intervention. Private sound systems, glass, fireworks or any other items which the organisers deem unsuitable or inappropriate for the safety of the guests and the event will not be permitted into the JATH site .
(f) EGF shall not be liable for any confiscated items – please inquire with EGF or its authorised event organiser team before You bring anything You feel may be confiscated.
(g) To ensure the safety of all JATH attendees, access to the event sites will be refused to, but not limited to, people who:
(i) are under the influence of illegal drugs or any other illegal substances;
(ii) are clearly suffering from alcohol or other substance intoxication;
(iii) have been previously banned from festivals and/or other events by the organizer, the administration or legal authorities;
(iv) are demonstrating an intent to disturb the peace or to provoke someone else to do so;
(v) engage in fighting or any disruptive behaviour; or
(vi) resist the direction of and searches by JATH’s security guards.
(h) Further, for safety reasons, EGF reserves the right to, without any prior notice or compensation to You: (i) postpone, cancel, interrupt or stop the JATH event; (ii) totally or partially vacate the JATH site; and (iii) deny access to the JATH site regardless of the possession of a ticket/pass.
(i) At JATH, it is forbidden to try to access sections restricted to artists or JATH staff/crew – such as production rooms, green rooms, press rooms, offices, backstage and working areas – unless in accordance with Your ticket or credentials. Trying to access these areas may result in Your removal from JATH event and/or exclusion from future events.
(j) At JATH, it is forbidden to obstruct entrances, exits and evacuation routes and/or to linger at these locations any longer than strictly necessary for entering or exiting JATH site. It is also forbidden to deface, mark, damage, tear down or otherwise destroy, in whole or in part, any of the decorations or part of the JATH site. Engaging in such behavior may result in Your removal from the event and/or exclusion from future events.
6. Parking at the Event Venue
(a) Users/JATH attendees are advised to use the official sites for parking at the JATH venue. However, all vehicles (and their contents) parked within any parking operated by EGF, its vendors or any third party, are left at their owner’s sole risk. EGF shall not be liable for any loss, theft or damage suffered by owners arising from their use of any parking at the JATH site. EGF reserves the right to move any vehicle it deems necessary due to logistics convenience, safety or similar reasons.
(b) All vehicles parked at the official sites for parking at the JATH venue need to be removed from the site before 10 pm each day of the event. Any vehicle not cleared of or removed by the given timings may be towed away by the officials at the event or the traffic management agencies. The vehicle owner will be solely liable to get the car released from the agencies.
(c) EGF strongly advises that for Your own safety and convenience You do not park in unofficial sites or outside the JATH site.
7. Medical Care
(a) In the event of a medical emergency, You hereby consent to medical care and transportation at Your cost in order to obtain treatment that is deemed reasonably appropriate or necessary in the reasonable discretion of the JATH/EGF staff, security, police or medical professionals.
(b) You hereby agree to release and not hold EGF responsible for any liability arising out of, or in connection with, the actions or omissions of EGF/JATH staff related to Your medical care. You understand that this waiver extends to any liability that arises out of, or is in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
(c) You recognize and acknowledge that there are hazards and risks of physical injury or illness and that not all such risks can be fully eliminated.
(d) By entering the JATH site, You voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity that may be sustained as a result of attendance at the JATH event or while on the premises, whether or not caused by the negligence or gross negligence of EGF or event organisers.
8. Photography/ Videography
(a) By attending JATH and events organised by EGF, You consent to being filmed and or photographed, whereas Your image, voice, and likeness may be used by EGF for promotional purposes.
(b) Any photography or video taken at the JATH event, whether in digital or analog format, is subject to a mandatory, perpetual, non-exclusive license to EGF for use in promotional materials/purposes. Any artwork or performances sponsored by EGF or taking place at JATH site is also subject to a mandatory, non-exclusive license to EGF for use in promotional materials/purposes. The footage containing Your image, voice or likeness (“Footage”) may also be used by or on behalf of EGF or any of the EGF subsidiaries, affiliates, partners, sponsors, officers, service providers, successors or assigns for any purpose, including, but not limited to, archival, promotional, and commercial purposes, without any compensation to You. You waive all other rights in the Footage, including, but not limited to, all claims of so-called moral rights. This Footage may also be used as a means to identify and facilitate the prosecution of illegal or impermissible conduct.
(c) All photographers using professional equipment (i.e. DSLR / anything with a detachable lenses) are required to have media credentials to take pictures or video at JATH.
(d) JATH attendees may take photos and shoot video for personal, non-commercial use, with personal cameras (excluding SLR/DSLRs) as long as they are not standing in the press area, obstructing views, using any sort of device like a tripod or selfie-stick. Any recordings made by a User on or near the JATH site may not be used for commercial or public purposes, unless pre-approved by EGF in writing.
(e) Drone use at the JATH site is prohibited without specific written permission from EGF. Please keep them packed away, if EGF/JATH personnel see You using it, they may confiscate it and hold it for the remainder of the JATH event.
(f) Unauthorized photography or audio/video recording of any performance at JATH is strictly prohibited.
9. Your Responsibility
(a) User agrees that he/she, along with the people on whose behalf he/she may have made booking(s), may be required to sign a waiver/consent form, safety procedure form, medical declaration or other document before entering the JATH venue.
(b) The User acknowledges and agrees that he/she is responsible for his/her own acts and omissions and is also responsible for the acts and omissions of anyone on whose behalf he/she may have made booking(s). For example, this means: (i) User is responsible for paying all damage claim amounts necessary to cover damage that the User causes to the assets of EGF or any other party, at the event venue, and (ii) User must act with integrity, treat others with respect and comply with applicable laws at all times.
(c) If the User is registering for an additional guest who is a minor or if the User brings a minor to the JATH event, User must be legally authorized to act on behalf of the minor and User is solely responsible for the supervision of that minor.
(d) User shall be responsible to keep the JATH site clean. The bins provided at the JATH venue shall be used to dispose of any waste. Lighting fire at the event site is strictly prohibited and will be extinguished. Any person causing or attempting to cause a fire will be removed from the premises and invite police intervention. Any such person attempting to cause fire or indulge into any illegal or restricted activity, shall be entirely liable for any loss or damage caused to any person or property at the JATH site and may also attract criminal prosecution.
(e) #LEAVEEVERYPLACEBETTER - Join Us in EGF’s campaign to leave every place better by doing Your bit by not contributing to the existing pile of single-use plastic that is discarded in tonnes every second. Carry Your own bottle for water and other pre-requisite materials required from Your end for the duration of the JATH event and avoid usage of single-use plastic.
10. Restrictions/ Prohibitions
(a) Resale of tickets/passes is prohibited without the express permission of EGF. You may not re-sell or transfer the ticket/pass if You are selling or transferring the ticket/pass in the course of business. You are deemed to be selling or transferring in the course of business where EGF reasonably believes You to be doing so. It is strictly prohibited to attempt to re-sell the JATH ticket/pass within the event site under any circumstances. EGF hereby provides instructions to identify tickets being illegally sold or re-sold or transferred to or by unauthorized agents or other third parties. Holders of such tickets/passes, whether knowingly or not, shall be refused admittance to JATH or removed from the premises.
(b) User shall not use the EGF website, registration facility on the website or other channels/platforms through which registration facility has been made available by EGF, and the JATH ticket in any way that is contrary to the laws of India or any other applicable jurisdiction, including, without limitation statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, judgments, orders, decisions, rulings or any government agency or government department or that is otherwise contrary to public order and morality, further including, without limitation, applicable export and import control laws and regulations.
(c) No person shall bring into JATH event’s premises, or use or display around the premises (including parking) any sponsorship, promotional or marketing materials which have not been previously approved in writing by EGF. It is strictly prohibited to offer or distribute within or around the JATH premises any consumer articles or commercial products or services which have not been authorized by EGF.
11. Disclaimer of Warranty; Waiver
(a) You acknowledge and understand that the JATH ticket/pass is a revocable license to attend JATH for which it was issued, and is subject to revocation and denial of admission without compensation for any reason, including, but not limited to, Your attempted or actual violation of any of the rules set forth herein, policy or regulations and for any other action taken by You in violation of any local, state or central law, or that may endanger other Users or JATH attendees.
(b) By entering JATH event site/venue, You assume any and all risk and/or danger, known or unknown, foreseeable and unforeseeable, resulting from, or incidental to, JATH, whether occurring prior to, during, or subsequent to, the JATH event, including, but not limited to, any death, personal injury or loss, damage or liability whatsoever. You understand that Your use of Your ticket is contingent upon Your voluntary assumption of the risk and danger that may result from, or be incidental to, Your presence at the JATH event, whether occurring prior to, during or after JATH, including any actions or omissions of EGF.
(c) By entering the JATH event site, You acknowledge and agree that You may be subject to extremely loud music and sounds, as well as special effects, including, but not limited to, laser lights, strobe lights, flashing lights, a variety of light emitting diodes (“LED”), rapidly changing or alternating images, and use of smoke, fog, and pyrotechnics at the JATH event.
(d) CCTV images will be monitored throughout the JATH site for public safety and the prevention of crime. Despite all reasonable precautions being taken unavoidable accidents can happen. Users attending the JATH event acknowledge that they may be exposed to possible risk of physical harm due to the nature of the event and are therefore present at their own risk. EGF excludes any liability for such injury, loss or damage and will not be liable for any injury, loss or damage to any person or any property except to the extent that any such injury, loss or damage is caused by the negligence of EGF, its employees or authorized agents. Where any User, through negligence or intentional or reckless act, causes damage or loss to EGF, any other guest or User or to any property at JATH, they will be liable to indemnify and hold EGF harmless from and against any such resulting loss or damage.
(e) In case any User/JATH attendee gets lost in the arena, then such person shall report to the JATH event registration desk. EGF/organiser staff will make reasonable efforts to help any such User/attendee.
12. Force Majeure Event
(a) If JATH is cancelled in whole or in part due to a Force Majeure Event, You will not be entitled to a refund. Notwithstanding the foregoing, EGF may issue, at it’s sole and absolute discretion, a partial or full refund of Your ticket, by accounting for, among other considerations, the extent and nature of the cancellation.
(b) A “Force Majeure Event” shall mean an act of God, act of terrorism, flood, hurricane, tsunami or other natural disaster, war, strike or other labor condition or dispute, an order or injunction of any court or administrative body or any other act of public authority, severe weather threatening the safety of JATH attendees or similar contingency or unexpected event, and any such occurrence beyond the reasonable control of EGF. You understand that in all instances, the maximum remedy You may receive for the cancellation of any part of JATH, if any, will be the face value of Your ticket, excluding all fees and/or service charges paid by You in connection with the purchase of Your ticket.
(c) EGF reserves the right to implement any restrictions/conditions deemed necessary before and during the JATH event to ensure the safe management of the event site.
13.Indemnification
To the maximum extent permitted by applicable law, User agrees to release, defend (at EGF’s option), indemnify, and hold EGF (including its affiliates and their respective officers, directors, lawful successors, assigns, employees, the owners of the venues where the JATH event takes place, JATH sponsors, and the performing artists, including their respective management, agents, staff and any third party) harmless from and against any claims, liabilities, damages, losses, and expenses, howsoever caused, or suffered by EGF, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) User’s breach of these TERMS & CONDITIONS or any other policy or terms and conditions that applies to attending the JATH event, (ii) any breach of any representation or warranty provided by the User, (iii) non-performance of any covenant by the User, (iv) User’s interaction with any other JATH attendee, or participation in any activity during the JATH event, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or participation, (v) User’s breach of any laws, regulations or third party rights such as intellectual property or privacy rights, (vi) User’s actions and omissions at, around, or while traveling to and from, the JATH event, whether direct, indirect or consequential, howsoever caused, and whether arising in contract, tort (including negligence), breach of statutory duty, warranty or otherwise.
14.Third Party Damages
If the booking made by the User, use of the JATH ticket by the User or User’s attendance at the JATH event, causes damage, harm, loss or inconvenience to a third party, the User shall be solely responsible for settling the matter with such third party at his or her sole cost and expense and without bringing any claims against EGF.
15. Limitation of Liability
(a) To the maximum extent permissible under applicable laws, EGF shall not be responsible for any damage, harm, loss or inconvenience suffered by the User as a result of his or her use of any website to register for JATH, purchasing JATH ticket/pass, and/or attendance at the JATH event(s).
(b) EGF shall not be liable for any death, damages, loss or injuries sustained at the JATH event, including loss or damage to property, however caused.
(c) Any issues or concerns faced by the User at the time of availing any service(s) or purchasing any product(s) available at the JATH venue shall be the sole responsibility of the respective third party service provider(s) or seller(s). EGF will have no liability with respect to the acts, omissions, errors, representations, misrepresentations, warranties, breaches or negligence on part of any third party service provider or seller, and EGF does not offer any warranties or make any representations, in relation to the service(s)/product(s) offered to the User by a third party service provider or seller. If any dispute arises between the User and a third party service provider or seller, the dispute shall be settled between the User and that third party service provider or seller, as the case may be, and the User shall not submit any demand, claim or complaint to or against EGF.
(d) To the extent not prohibited by applicable law, in no event shall EGF or any of its directors, employees, agents or contractors be liable for personal injury, or any direct, indirect, incidental, special, indirect or consequential damages, losses, liabilities, claims and expenses whatsoever, including, without limitation, legal costs, defense or settlement costs, damages for loss of profits, corruption or loss of data, or any other commercial damages or losses, arising out of or in connection with (i) these TERMS & CONDITIONS, (ii) the bookings/purchases made using the channels/platforms through which booking/ticket purchasing facility has been enabled by EGF, (iii) the JATH event, (iv) the User’s use of or inability to use the JATH ticket/pass, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if EGF has been advised of the possibility of such damages.
(e) In no event shall EGF’s aggregate liability to the User, for any and all damages, liabilities, losses, costs, expenses, claims and causes of action arising out of or in connection with (i) these TERMS & CONDITIONS, (ii) the bookings made using the channels/platforms through which booking/ticket purchasing facility has been enabled by EGF, (iii) the JATH event, (iv) the User’s use of or inability to use the JATH ticket, however caused, and whether arising in contract, tort (including negligence), breach of statutory duty, warranty or otherwise, exceed the lesser of the following amounts – (a) actual cost or expenses incurred by the User, and/or (b) price of the ticket paid by the User.
16.Governing Law; Jurisdiction
(a) These TERMS & CONDITIONS, Your and EGF’s rights and duties hereunder, and the disputes arising out of Your purchase/use of the JATH ticket/pass or attending the JATH event shall be governed by the laws of India.
(b) All disputes arising out of or in connection with these TERMS & CONDITIONS, Your purchase/use of the JATH ticket/pass, Your attendance at the JATH event, and Your and EGF’s rights and duties hereunder, shall be resolved by the courts in New Delhi, India which will have sole and exclusive jurisdiction to adjudicate such disputes.
17.Changes to these TERMS & CONDITIONS
(a) EGF may modify the terms of these TERMS & CONDITIONS and other policies applicable to the JATH event, at any time, without Your consent, for any reason whatsoever including but not limited to security, technical, legal or regulatory reasons, or to reflect any updates or variations to the JATH event, by publishing the modified set of these TERMS & CONDITIONS on the EGF website or other channels/platforms through which registration/ticket booking facility has been made available by EGF.
(b) You acknowledge that by following the procedure set out herein above, EGF would be deemed to have provided You with sufficient notice of the modification to these TERMS & CONDITIONS, irrespective of the nature of modifications made. Further, EGF is under no obligation to specifically contact or notify You of any variation to these TERMS & CONDITIONS. By using, or continuing to use the JATH ticket/pass or by attending the JATH event, after any modification to these TERMS & CONDITIONS, You shall be deemed to have accepted the revised/ modified set of these TERMS & CONDITIONS.
18.Miscellaneous
(a) EGF may perform any of its obligations, and exercise any of the rights granted to it under these TERMS & CONDITIONS, through a third party. EGF may assign any or all of its rights and obligations under these TERMS & CONDITIONS to any third party. However, You cannot assign or otherwise transfer these TERMS & CONDITIONS, or any rights granted hereunder to any third party.
(b) If any clause or part of any clause of these TERMS & CONDITIONS is found to be void, unenforceable or invalid, then it will be severed from these TERMS & CONDITIONS and all other terms will remain in full force and effect, provided that EGF at its sole discretion determines that such severance of the terms of these TERMS & CONDITIONS has not altered its basic nature.
(c) You may not rely on EGF's words or conduct as a waiver of any right unless the waiver is in writing. In this Clause, “conduct” includes delay in the exercise of any right. For the purposes of this Clause, “right” means any of EGF's rights arising under or in connection with these TERMS & CONDITIONS or otherwise, and includes the right to rely on this Clause.